15-23 November 2008, Germany, France, Italy

IPR2 supported a study tour to France, Germany and Italy to assess first hand the methods and practices of IP protection and enforcement employed at several of the largest European trade fairs. The delegation included officials from the Ministry of Commerce, both central and provincial departments, the Supreme People’s Court, the State Intellectual Property Office. In each of the three countries, the delegation met with Judges, Procurators, Police and Custom authorities, and also with trade fair organisers and industry associations. The legal and criminal procedure in force were presented and analysed, also pointing out procedural differences between the European countries and China.

Trade fairs organisers showed their best practice, with specificity for each trade fair, given that different methods have been developed by the major trade fairs over time. Particular solutions in place at some trade fairs, to assure a rapid intervention in the case of an IPR conflict amongst exhibitors were also presented, and included the practices at Basel in Switzerland. European industry also intervened to present practices in managing IPR and licensing.

The Study Tour allowed for a broad range of discussions, covering the different dimensions and challenges in protecting IPRs at trade fairs and exhibitions; and allowing a first-hand view of the different perspectives and various practices at the major trade fairs in Europe.

The protection of IP at trade fairs continues to be an important area of intervention for MOFCOM, and for support by IPR2. Building on the study tour, and with the learning from the expert exchanges, the support in this area can be extended. The possibility of providing manuals of procedures and methods for enforcement officials and e-learning material is being considered in order to reinforce training support to industry.

This would further IPR2's collaboration with MOFCOM in this field, which has also included the EU-China Seminar on the Protection of IPR at Trade Fairs, in Beijing and Shenzhen in November 2007; and more recently the preparation of a study on European experiences and practices in protecting IP at trade fairs. The condensed version of the study is available in English and Chinese at www.ipr2.org/tradefair.

The study tour included meetings with the following trade fair organisers, industry representatives and authorities on the following technical topics:

Paris, France

Contacts included Institut National de la Propriété Industrielle (INPI); Union des Fabricants - French Anti-Counterfeiting Association; UFI Global Association of the Exhibition Industry; "Première Vision", and enforcement authorities:

• The enforcement system of IPR protection at exhibitions in Europe including:
  • Rules and enforcement system of IPR protection at exhibitions in France including customs, civil and criminal cases, enforcement procedures of investigation and evidence taking
  • IPR protection system of the Basel International Exhibition, Switzerland
  • Best practice at trade fairs in China
  • Possible extension of the current Regulation to other countrie
• Introduction to the Union of International Fairs (UFI)
  • The universal practice in IPR protection at exhibitions in Europe
  • Guiding advice on IPR protection made by UFI
  • Suggestions for Chinese corporations to attend exhibitions including reporting and complaints for IPR infringement at exhibition
• Infringement in IPR protection at exhibitions
  • Actions taken by industrial institutions and their roles in combating IPR infringement in European exhibitions and suggestions on aid-providing ways of IPR protection such as mediation or litigation
  • IPR policy in industry - fashion - Leather and shoes and Mechanics and Electronics
  • Suggestions on IPR protection by industrial institutions
  • Counterfeiting and recommendations of IPR protection at trade fairs
  • Past experiences and looking to the future

Berlin and Hannover, Germany

Contacts include Hannover Messe CEBIT; enforcement authorities; judges from Düsseldorf and Braunschweig; industry associations; AUMA – Association of German Trade Fair Organisers – Ausstellungs and Messe-Ausschuss der Deutschen Wirtschaft e.V, Handelskammer (DIHK) and Aktionskreis gegen Produkt- und Markenpiraterie (APM):

• General situation of the Chinese corporations attending trade fairs in Germany
• Regulations on IPR enforcement at trade fairs in Germany and enforcement policies including interim injunction, search order and service upon defendant in patent infringement litigations at trade fairs in Germany
• Experience of judges and trade fair officials
• Civil procedures, Jurisdictions
• Recommendations to Chinese corporations to attend exhibitions in particular the KÖLN Messe
• IPR management of enterprises including the current situation and trends of the IPR management of multinational corporations and technologies protected by patents (licensing of technologies, licence requirements)

Milan, Italy

Contacts included SISVEL, Fiera di Milano Expo organisers and industry associations including Anima, Anci, Unespos, Smi-Ati, Federlegno, ANDEC and Italian Chamber of Commerce, Fondazione Italia-Cina, Chamber of Commerce of Milano, Promos; authorities including the IP Civil Court, IP Public Prosecutors, Guardia di Finanza:

• Regulations on IPR enforcement at trade fairs in Italy including the general situation of Chinese corporations attending Milano and Verona, the expo management systems and their specific requirements.
• Interim injunction, search order and service upon defendant infringement litigations at trade fairs in Italy as well as enforcement policies and experience of enforcement officers
• Recommendations to Chinese corporations to attend exhibitions

Useful links

Ministry of Commerce’s IP protection at Trade Fairs portal

Global Association of the Exhibition Industry (UFI)

For more information on the patent law revision, contact Mr Carlo Pandolfi This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

For general information on IPR2, contact Ms Tamryn Barker This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

[IPR2 ref. CC4.AW1.009]