The Canton Fair is a biannual global import and export exhibition held every April and October in Guangzhou, China. It is a platform where exhibitors can showcase their products to potential buyers, offering an important business opportunity for developing companies. As discussed in our previous article: Enforcement of Intellectual Property at China Canton Fair: Before and After the Covid Pandemic, published in April 2021, it is common for intellectual property rights holders to file court cases for intellectual property infringement to the site’s Intellectual Property Complaint Center, composed of law enforcement officers. officials of the Local Market Surveillance Administration (MSA), to request the removal of counterfeit products from upcoming exhibitions during the remainder of the Canton Fair.
However, since each Canton Fair consultation lasts only five days, the recall fine might not have much effect on the offending exhibitor, who will likely continue to produce, offer for sale, and export the infringing products thereafter. In most cases, intellectual property owners must, through their own efforts and at their own expense, take legal action against repeat infringers in order to achieve more powerful deterrence.
Previously, without taking legal action, intellectual asset rights holders were threatened with having their products sold through infringers, regardless of their takedown request at the Canton Fair. The good news is that in 2023, the Guangzhou City MSA will be under pressure to make the entire coverage chain (before, during, and after the exhibition) of intellectual asset rights at exhibitions and inspire corporations to pass globally with the highest quality. We have helped intellectual property homeowners with their post-exposure coverage, and have recently managed 3 instances of design patents. who saw this promise come true.
We have helped those consumers with long-term investigations of non-compliant exhibitors beyond the Canton Fair. In February and March 2024, our lawyers won calls from the MSAs of Tianjin and Hangzhou cities, respectively, informing us that 3 cases of design violation of our luggage consumer that we represented at the last Canton Fair had been transferred through the Guangzhou MSA to their respective cities for processing. administration because their commercial registration gave them jurisdiction over those exhibitors. These MSAs introduced a new investigation circular to check whether exhibitors were pursuing the known violation at the Canton Fair and filed a formal complaint for a possible administrative penalty. As representatives of intellectual asset rights holders, we have been asked to assist MSAs with administrative procedures before deciding on sanctions. Our consumer was very inspired by the tracking implemented through the MSA formula and asked us to fully support the authority against violators.
As a result of this new practice followed through the MSA, intellectual property rights holders will have more confidence in the Canton Fair, as they will be able to exert a stronger, if not permanent, deterrent outside the Canton Fair more effectively. In addition to post-exposure investigations, this new progression provides intellectual property rights holders with an available and convenient approach to identifying and punishing infringing exhibitors to ensure that they do not continue to profit from counterfeit products.
For information, please contact:
Sophia Hou, Partner, Rouse
shou@lushenglawyers. com
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