Chapter 1 Regulations of Safety and Fire-prevention
To ensure the order and safety of the China Import and Export Fair (hereinafter referred as Canton Fair or the Fair) and avoid various safety accidents and illegal events, the following safety and fire-prevention provisions have been formulated by Canton Fair in accordance with Fire-prevention Laws of P.R. China, Chinese Customs Supervision Regulations and relevant Laws and Regulations of social security administration as well as safety requirements of Canton Fair, which shall be strictly abide by all exhibitors.
1. The exhibitor shall reinforce and enhance the safety and fire-prevention awareness of his participants and proactively cooperate with the fire-prevention and security sectors of Canton Fair to maintain its good order and safety.
2. The exhibitor shall notify and restrict his participants to strictly comply with the Laws and regulations of the People’s Republic of China without conducting any illegal activities during the course of Canton Fair especially in the exhibition hall.
3. The exhibitor shall only be allowed to enter the exhibition hall with a valid badge wearing in front during his stay in the exhibition hall for the inspection of the security guards of Canton Fair at any moment. Such badge shall only be used by the owner and not be allowed to be transferred to any other people or sold out or revised.
4. Except for those who have been specially exempted by Canton Fair, all other exhibitors shall accept the safety inspection conducted by the guards of Canton Fair.
5. The exhibitor shall pay special attention to guarding against theft and safekeeping his personal properties (including laptops) and exhibits.
(1) Exhibitor with laptop shall apply from the guard at the hall for computer lock to have the laptop protected.
(2) The exhibitor shall enter the hall in time as soon as the exhibits have been exhibited in the stand and shall not leave the hall before closing time. At least one person shall stay in the stand to look after the exhibits during the opening time to prevent any pilferage. All exhibits shall be managed strictly in accordance with the custody provisions of the inbound and outbound cargoes under the Customs Law of P.R.China.
(3) All valuable exhibits shall be safely kept in the cabinet, safe or protected through other effective measures prior to the closing time of the exhibition every day.
(4) All controlled cutting tools and weapons being approved by Canton Fair to exhibit shall be kept in the locked exhibition cabinets or fixed up on the exhibition panels, which shall also be guarded and managed by specially assigned persons.
(5) At times of opening and closing every day, the exhibitor shall carry out timely check up of the exhibit quantities and report to the security sector of Canton Fair Complex (security section of Canton Fair Security Office) in case of any losses.
6. No poisonous, inflammable and explosive and radiation exhibits shall be directly displayed in the exhibition hall. Those exhibits shall only be displayed through pictures, copy substitute or models. Goods fall into this category include fireworks, cracks, gasoline, spirits, thinner, hydrogen and other items may be treated by the security sector as threatening to the safety of the exhibition hall.
7. Except for specified places, smoking shall be forbidden in the exhibition areas such as exhibition halls, lounges, dinning areas, cafe, toilets, meeting rooms and so forth.
8. The fire-prevention aisles shall be accessible under any circumstances.
(1) The exhibitor shall not pile up any exhibits and constructional materials at the hall entrances or aisles during period of stand construction.
(2) The exhibitor shall not keep any tables, chairs and exhibits on the aisles of the hall, or distribute any product catalogs, brochures, promotional materials or any other gifts at the aisles or any public areas in the exhibition hall during the course of exhibition.
9. Collocation and arrangement of the exhibits shall be stable and safe. Exhibitors shall submit
written applications to the Fair in advance for demonstration of the exhibits or other items. And these demonstration shall not be arranged before being approved. During demonstration, exhibitors shall be in considerations of safety and good orders within the exhibition hall without any potential dangerous outcomes or disturbance to the visitors and any third parties.
(1) All exhibits and inflammable decorations shall be located at a minimum space of 30 CM away from the lightings in the stand or other heating electronic apparatus.
(2) All exhibits,especially the mobile large-scale machinery, shall be fasten upon safe locations to prevent slides.
(3) Demonstration of machinery shall be performed by professionals or under the direction of such professionals. Those machines shall be equipped with anti-startup devices to stop casual mal-operations of the visitors or non-professional persons.
(4) The Exhibitor shall submit written application in case flammable materials such as gasoline and alcohol are needed in the demonstration. The application needs to be approved and those materials could be used after the on-site check of the public security and fire-fighting personnel.
(5) High decibel acoustics shall not be used for any kinds of demonstrations. The decibel of demonstration shall be strictly limited to a scale below 70.
10. All exhibits shall be under the control of the China customs. The exhibitor shall give timely report to the China customs concerning any inability of the exhibitor to return any exhibits to original countries/regions because of damages, losses or pilferages. As for the damaged exhibits, the customs shall levy a tariff on basis of the extent of such damages. A tariff shall accordingly be levied on lost or pilfered exhibits in accordance with relevant regulations.
11. Stand shall be set up on basis of completion of relevant application and entry procedures. Setup works shall then be executed in accordance with relevant regulations stipulated in Chapter 3, Part II herein, i.e. Stipulations of Construction Management for Custom-built Stand, since this regulation shall be an integral part of the regulations.
12. During the course of exhibition, the exhibitor as well as his entrusted contractor shall arrange electricians who are recorded on files of Canton Fair to be on duty so as to eliminate any kinds hidden safety trouble at any moment.
13. The exhibitor shall pay special attention to safety in electricity usage and shall not utilize any unqualified or malfunction electric devices or violate rules during operations.
(1) Stand electricity consumed shall be applied as per actual situation. The exhibitor shall not introduce from or connect to the electricity distributor or sockets inside the hall without permission or instruction from the electrician of Canton Fair.
(2) Machinery exhibits or other exhibits which need 24-hours electricity supply shall be equipped with appropriate and reliable protection switches and be free from any hidden breakdowns. Canton Fair shall not be responsible for any breakdowns caused by errors of the distributor switch due to defaults of the exhibitor’s devices.
(3) In case of a electricity breakdown caused by protection error of the distributor switch, the exhibitor shall report to Canton Fair through the Service and Complaint Call and Canton Fair shall accordingly dispatch an electrician to site for inspection and remedy works. The exhibitor shall not switch on the electricity per se.
(4) Exhibitor who rents the standard stand shall not be allowed to increase the lighting numbers in the stand per se. Neither shall he be allowed to connect to electricity supply by his own sockets.
(5) Exhibitor who uses standard stand shall pay timely attention to the lightings in the stand. In case of falling off of the spotlights, the exhibitor shall notify Canton Fair immediately or call the phone of Service and Complaint so as to enable Canton Fair to arrange an electrician to remedy the situation.
(6) Utilization of high-power devices such as electric water jug, cooker, and iron in the stands shall firstly gain approval from Canton Fair by submitting to Canton Fair a written application form.
14. Special Safety Regulations for Two-Storey Structures
(1) No heating electronic devices shall be allowed on the second storey of the stand.
(2) No demonstration and other activities which may be unsafe in accordance with the regulations of the security and fire-prevention sectors of P.R. China shall be allowed on the second storey of the stand.
(3) Negotiation persons on the second storey of the stand shall not be greater than 0.5 person per square meter. Similarly, the total weights of the negotiation persons and exhibits and average weight on unit area shall not be greater than the total designed loading capacity of this storey.
(4) Canton Fair shall arrange guards to go on inspection tours timely. The exhibitor shall proactively cooperate with these guards and ensure only acceptable exhibits weight and person
numbers are allowed on the second storey of the stand.
15. All constructional tools, surplus constructional and packing materials and accessories shall be cleared out of the exhibition hall prior to closure and subsequent to completion of construction works. The aforesaid items shall not be stored in the stand or any spaces behind (or beside) the stand. The exhibitor shall contact the Recommended transporter in case of any temporary storage of such items. Constructional tools, surplus constructional and packing materials and accessories brought from overseas by exhibitors shall be managed equal to import exhibits, and shall go through related procedures under the instructions of the Chinese Customs.
16. The exhibitor shall proactively cooperate with the guards at site to carry out clearance work during the course of exhibition.
(1) Clear all rubbish in the stand, extinguish kindling and other possible safety troubles.
(2) Switch off the eletricity supply in the stands.
(3) Safekeeping valuables (exhibits) and lock up the exhibition cabinets.
Chapter 2 Provisions of Sanitation Protection
1. The exhibitor in-charge shall guarantee the sanitation situations of his exhibitors through mastery of health conditions of all participants and provide the Sanitation Protection Office of Canton Fair with timely personal information with regard to sanitation and epidemic prevention.
2. Exhibitors shall carry out timely personal and living environment sanitary works. Protection measures shall be undertaken while approaching to any public areas with dense population. Casually dinning out shall be forbidden and all exhibitors shall be care about food sanitations. Living rooms must be opened to fresh air. All exhibitors must pay attention to climate changes so as to balance live and work well and not to work with illness.
3. The exhibitor should report to the person in charge in case of fever, cough, headache, vomit, diarrhea or other uncomfortable symptoms when registering in the hotels. He should then conduct a medical examination and treatment immediately in the nearest hospital. The exhibitor shall not be allowed to work with illness and enter the hotel under such circumstances. If such cases are found in the exhibition hall, the exhibitor should give immediate notice to the sanitary duty office of Canton Fair and Canton Fair shall arrange a medial examination and treatment for the patient in the appointed hospital.
4. All exhibitors shall consciously comply with following regulations: not to discuss, inquire about or diffuse any relevant information of such cases and consciously maintain regular order of Canton Fair.
5. Canton Fair will introduce to the exhibitor knowledge of personal sanitation and release sanitary guarantee information through brochures of Knowledge of Personal Sanitation, Work Briefing on Sanitation Guarantee and Messages of Canton Fair. The exhibitor should enhance his awareness of sanitation and grasp timely information and knowledge of personal sanitation.
6. To ensure personal health of the exhibitors, Canton Fair shall arrange restaurants to provide healthy meals for the exhibitor in the exhibition hall. The exhibitor shall therefore be suggested not to order Chinese or western foods from other sources or bring the same into the hall. Canton Fair shall not be responsible for any consequences arising there from.
7. Clinics shall be set up in the hall by Canton Fair to provide exhibitors with timely first aid services. Please refer to Chapter 2 “On-site Service” of Part II herein for details.
Chapter 3 Regulations of Use of Stands
1. The stands in the exhibition hall shall be exclusively utilized by the exhibitor who has
signed upon the Participation Agreement with Canton Fair. The exhibitor shall be forbidden to transfer or share any stand or parts of the stand with a third party without prior written consent of Canton Fair. Any of following cases shall be treated as violation of the use of stand regulations herein unless advanced permission has been issued from Canton Fair to the exhibitor:
(1) Distribution of business cards, product catalogs or promotional materials of non-recorded exhibitor in the stand;
(2) The exhibitor makes the fascia board of stand shelter and /or fascia board with titles of any non-recorded exhibitors.
(3) Entering into any kinds of agreement in name of a non-recorded exhibitor.
(4) Violating regulations for stand use stipulated in Participation Provisions.
(5) Canton Fair has other adequate evidences for such misconducts.
2. In case of absence at the Fair due to visa issues, the exhibitor shall then delegate a third party to participate in the exhibition or use the rented stands with a written consent from Canton Fair. The aforesaid third party shall hold the Power of Attorney from the exhibitor to sign related exhibition documents with Canton Fair to confirm that the Participation Agreement and all service provisions hereof have been accepted by such third party.
Chapter 4 Regulations of Exhibit Management
1. The China customs shall treat all import exhibits as temporary import and export goods. The exhibitor shall therefore accept the supervision of the Chinese customs and carry out specified customs procedures. Exhibits under the supervision of China Customs include:
(1) Goods and articles displayed or demonstrated in the exhibition hall;
(2) Goods and articles required for demonstrating machines and apparatus.
(3) Constructional and decoration materials used by the exhibitor to setup temporary stand.
(4) Films, slides, video tapes, tapes, specifications, advertisements, discs, and display equipment used by the exhibitor for demonstration and publicity.
(5) Other goods and articles displayed or demonstrated in the exhibition hall.
2. Guangzhou Customs is the local customs of exhibits in the International Pavilion of the Canton Fair. During the Canton Fair, Guangzhou Customs shall adopt concentrating supervision of port transfer, declaration and inspection of exhibiting place. In principle, exhibitors shall conduct the import declaration procedures in Guangzhou Customs. Transfer procedures of exhibits imported from ports other than Guangzhou port shall be conducted in entry customs.
3. Exhibits of the International Pavilion of the 101st Session of Canton Fair fall into the scope of the custody of China Customs, and shall enjoy such special treatments as exempt from getting import permit, exempt from pay for import tariff and other taxes. Transporter and overseas exhibitors of the International Pavilion are required by the China Customs to be responsible and assure of every articles of exhibits. Exhibits imported under customs bonds shall strictly comply with relevant Chinese customs regulations, include but not limit to the following:
(1) No exhibits shall be allowed to be sold or to be presented to others, or to be removed from the hall within the Chinese territory by the exhibitor without permission from the Chinese customs.
(2) With the approval of China Customs, exhibits sold to or presented to individuals or companies within the Chinese territory shall go through customs clearance and pay in relevant tariff and duties subsequent to stand dismantling. International exhibits within the scope of Compulsory Certification and strict control of China Customs (for details, please refer to Service Guide of Exhibit Transportation of www.cantonfair.org.cn or ask for materials from three recommended transporters). The exhibitor shall not be authorized to remove any exhibits out of the exhibition hall or any controlled places nominated by the Chinese customs prior to completion of all import procedures. The service charge rate of the purchasing and presenting exhibits shall be equal to the return service charge rate. Other charges such as related tariff, transport charge and storage charge arisen there from shall be collected in addition.
(3) Disposed exhibits shall be reported to the recommended transporter in advance. Those exhibits shall not be casually disposed by the exhibitor per se and shall be handed over to the recommended transporter to transfer the same to the Chinese customs for settlement.
(4) Canton Fair hereby reminds all exhibitors to keep their exhibits properly. Loss or damaged exhibits may need to render relevant tariff to the Chinese customs.
(5) All exhibits shall be well packed and handed over to the recommended transporter to transit to controlled venues appointed by the Chinese customs so as to carry out procedures of repatriation except for those have been allowed to be imported, disposed and presented as free gifts or promotional materials approved by the Chinese customs.
4. All promotional materials and technical data to be used or demonstrated including films, slides, tapes, video tapes, CD-ROMs, pictures, descriptions and advertisements should be submitted to Guangzhou customs by the exhibitor for prior approval. Without permission from the customs, the aforesaid items shall not be used or distributed. All printing materials and audio-visual products harmful to the politics, economy, culture and morality of the People’s Republic of China and infringing any IPRs shall not be used or demonstrated. Otherwise, they shall be confiscated, returned by the customs as per real situation or be forcibly modified prior to any kinds of utilization.
5. In accordance with laws and regulations of Entry-Exit Inspection and Quarantine Bureau of China, temporary import and export goods shall be exempted from inspection unless otherwise specified by laws and other administrative regulations (Entry of exhibits such as animals and fruits shall be approved after the quarantine). Inspection is conducted free of charge, and quarantine is charged according to the categories and requirements. Related charges are paid in accordance with national standards. Exhibitors who conduct the entry and exit procedures with ATA certificate shall enjoy the exemption or special treatment in terms of inspection and quarantine.
6. Overseas animal, vegetation and foodstuff exhibits shall be validated/ approved by Chinese Entry-Exit and Inspection and Quarantine authorities prior to entry to China. The exhibitor shall be required to furnish to the recommended transporter with exhibits/samples/list of exhibits for approval from related authorities 20 days prior to import of such goods. Guangzhou Entry-Exit, Inspection and Quarantine Bureau is responsible for the inspection and quarantine of exhibits of the International Pavilion of the 101st session of the Canton Fair.
For exhibits, according to related laws and regulations, which are forbidden to enter or exit, be carried, or posted, exhibit list and conditions for inspection and approval for animal and vegetation, documents and materials for related procedures, please refer to Service Guide of Exhibit Transportation at www.cantonfair.org.cn or ask for detailed materials from Canton Fair Recommended Transporters.
7.In case farm products is found not in conformity with related regulations of China Entry-Exit, Inspection and Quarantine and with safety hazard, the exhibitors shall destroy these products immediately and buried or burned in the landfill nominated by Bureau of City Appearance Environment and Sanitation of Guangzhou Municipality. The expense occurred therefrom shall be borne by the exhibitors.
8. Only exhibits stipulated in the Participation Agreement or with written consent of Canton Fair shall be exhibited by the exhibitor in the stand. The exhibitor shall bring in and submit the following documents to Canton Fair for inspection:
(1) Exhibits shall be produced in any country or region other than mainland China. Certificate of Origin shall be submitted.
(2) Only if the Exhibitor, prior to entering the Exhibition Area for setting up stands during the preparation period, present to the managing staff at site of the Organizer original documents such as the customs clearance of all exhibits or ATA Certificate and submit relevant copies, can the Exhibitor enter Exhibition Area. In case relevant documents are failed to be submitted, the Organizer reserves the right to reject the Exhibitor from entering the Exhibition Area, and the loss caused therefrom shall be borne by the Exhibitor.
(3) All exhibits involving IPRs such as trademark, patent and copyright and quality attestation should be attached with “List of Files for Trade Mark, Patent, Copyright & Quality Attestation” (please fill in schedule D1) and copies of legal certificates of such trademark, patent and copyright and quality attestation.
(4) Signed Participation Agreement for exhibits not directly produced by the exhibitor shall be obtained from the manufacturer by the exhibitor.
9. Exhibits fall into one of the following categories shall be treated as breach exhibits and
shall be disposed as breach products.
(1) Exhibits do not include in the exhibit scope specified in the Participation Agreement or exhibit scope approved by written consent of Canton Fair.
(2) Exhibits involving IPRs such as trademarks, patent, copyright and quality attestation being without relevant legal certificates.
(3) Exhibits not directly produced by the exhibitor being without signed Participation Agreement with the manufacturer.
(4) Exhibits, which shall go through the procedures of inspection and quarantine according to Chinese laws and regulations, are not inspected or quarantined.
(5) Exhibits, without the consent of China customs and Entry-Exit, Inspection and Quarantine Authorities, are sold or eaten on a trial basis during the Fair.
(6) Other exhibits without legal origins.
10. No exhibits shall be retailed in the hall.
11. The exhibitor per se shall not be allowed to display, demonstrate and publicize any materials of the exhibition in any format in the hall or carry out any kind of publicity for the exhibition in any forms without prior written consent of Canton Fair.
Chapter 5 Code of Conduct for Participation at the Fair
1. All activities of the exhibitor including exhibition, demonstration, distribution of product catalogs and promotional materials or gifts shall have to be carried out only within the stand area stipulated in the Participation Agreement without disturbing the neighboring exhibitors or exhibition order of Canton Fair. The exhibitor shall strictly abide by the Safety and Fire-prevention Regulations.
2. The exhibitor shall instruct and restrict his participants to behave themselves in the exhibition.
(1) No Pilferage of exhibits of other exhibitors.
(2) No photographing or recording of exhibits on other stands shall be allowed without others’ permission.
(3) No entry into any other stands without invitations from their users.
(4) No disturbance to the visitors (buyers) or other exhibitors.
(5) Obey to and cooperate with the guards of Canton Fair without being deliberately provocative.
(6) No damage to any fixed or movable installations in the hall include but not limit to:
No damage to any exhibit accessories, boards, aluminum materials, lightings, tables and ①chairs in the standard stand. Details shall be referred to Chapter 4, Services and Stipulations of Standard Stand Decoration, of Part II.
No nailing, trilling or st②icking shall be allowed on the ceiling, floors, pillars or walls in the hall.
No damage to the establishments of fireproofing, monitoring, electricity distributing, ③lighting and communication constructed to the ceilings, floor ditches, pillars and walls in the hall and toilet and movable fireproofing installations therefrom.
(7) Any lost articles found in the hall shall not be pocketed and they shall be handed over to the security sector of Canton Fair.
Notes: Please refer to Chapter 2, On-site Service, of Part II for phone number of the Security Section of the hall.
3. In case of finding any non-exhibitors distributing product catalogs, promotional materials and CDs in the exhibition or the exhibitor is disturbed by such persons, the exhibitor shall be obliged to report to the security section of Canton Fair immediately to for settlement.
4. Canton Fair shall make overall arrangements for the clearness of the aisles as well as other public areas of the hall. The exhibitor should clear the rubbish in his stand per se and keep the rubbish in the trash bins which shall then be settled by Canton Fair.
5. To ensure safety of the exhibitor, his personal properties and exhibits or to compensate his losses may be caused by ignorance of his employee or staff, the exhibitor shall be requested by
Canton Fair to purchase adequate insurance for the stand he rents.
Chapter 6 Complaint and Settlement Provisions of Being Suspected of Infringing IPRs
1. General Principles
1. The regulations herein are formulated in accordance with related laws and regulations to protect IPRs, maintain good trading order, and to protect the legal rights and interests of the exhibitors as well as the owners of such IPR rights during the period of China Import and Export Fair (hereinafter referred to as Canton Fair).
2. The regulations are only applicable to the protection of IPRs during the period of the Canton Fair.
3. The enterprises shall sign Letter of Undertaking with related department of the Canton Fair. (Form D2)
2. Management of Complaints
4. Reception Station of Complaints and Settlements for IPRs and Trade Disputes (hereinafter referred to as “Complaint Reception Station”) established by Business Office of the Canton Fair is the only station receiving the complaints concerning IPRs infringement. The Canton Fair invites relevant government administrative department of IPRs to work with the Complaint Reception Station.
5. The Complaint Reception Station shall merely accept and hear Complaints concerning with being suspected of infringement on IPRs (hereinafter referred to as infringement) arising in the exhibition hall during period of the session of the exhibition.
6. All disputes concerning IPRs during Canton Fair shall be settled in accordance with Complaint procedures stipulated herein. Those who tend to avoid the Complaint Station and negotiate with the infringing party directly thus cause a disorder in the exhibition shall be settled as disobey the Exhibition Order Managing Regulations.
7. In case that the exhibitor’s exhibits, packaging of exhibits, promotional materials and any part of his stand has independent IPRs, the exhibitor shall bring the certificate documents of ownership for inspection of the fair.
8. In case that the exhibitor violates relevant agreements signed with the Canton Fair, he shall be obliged to compensate for all expenses and losses in case of disputes arising from his exhibits, packaging of exhibits, promotional materials and any part of his stand infringing IPRs of others.
9. In case that the appellant lodges a Complaint to the Complaint Reception Station and requests the Station to deal with the defendant as per regulation herein defined, the appellant shall accordingly agree to pay to the Station all expenses incurred and compensate to the defendant for all losses arising therefrom.
3. Complaint Procedures
10. Exhibitor with a valid badge of this Fair can lodge a Complaint to the Complaint Station in case that any infringements have been detected in the exhibits, promotional materials in the stand or in any displaying parts of the stand.
11. The appellant shall be required to show to the staff in the Complaint Station the ownership certificate. Appellant shall be further required to demonstrate relevant follow up legal documents in case such patent and copyright infringing shall be a repetition of previous session of Canton Fair and had been settled by this Complaint Station in previous session of Canton Fair. The case will not be accepted unless relevant documents from the appellant have been furnished. A repeated Complaint upon the same defendant for the same infringing on IPR will not be accepted by this Complaint Station.
12. The appellant shall be required to fill out the Letter of Complaint upon verification of the above documents by the staff of the Complaint Station. Please refer to Form D3 for details.
13. The Complaint Centre shall nominate staff to deal with the case upon reception of the Letter of Complaint. The defendant shall cooperate with the Complaint Station to deal with the case on behalf of the person in charge of the stand recorded.
14. Principle of Invert the Burden of Proof shall be employed to handle cases of infringement of patent and copyright. In the event that he shall be accused of being suspected of infringing in his exhibits, promotional materials or any parts of his exhibits, the defendant should immediately prove his non-infringement by demonstrating relevant certificate of rights or other evidences to prove he is in possession of legal rights and interests for the items alleged. The defendant shall accordingly be required to examine the alleged items with the staff of the Complaint Station.
15. In the case that the defendant shall be unable to effectively prove his non-infringement immediately, the accused items shall be temporarily detained by the Complaint Station. The defendant shall be meanwhile signed on the Letter of Undertaking to commit that he shall not operate or exhibit the accused items in case of his inability of furnishing effective evidences subsequent to such accuse. The Letter of Undertaking shall be made in duplicate and the defendant and the Complaint Station shall hold one copy respectively. Please refer to Form D4 for details.
16. In the case that he disagrees with the settlements of the Complaint Station, the defendant shall furnish supplement evidences of non-infringement to the Complaint Station within a workday (base on the schedule of Canton Fair). The temporarily detained items should be immediately returned to the exhibitor provided that the proof shall be effective; otherwise, those items shall be confiscated by the Compliant Station and forbidden in the exhibition.
17. The Appellant commits not to take any legal measures against the defendant in the exhibition hall prior to closing of this fair and subsequent to the Complaint Station has settled the case in accordance with the regulations herein defined and the outcomes have been accepted by the defendant.
18. All settled infringing exhibitors at the Fair shall be filed on the website of the Canton Fair by the Complaint Station subsequent to closing of this fair.
4. Punishment
19. Responsibility for all infringement happened in the stand shall be borne by the exhibitor who has entered into the Participation Agreement with Canton Fair and been registered by Canton Fair. The exhibitor shall accordingly accept the settlements finalized by Canton Fair.
20. Any Complaint involving infringement of trademark shall be resolved according the Trademark Law by the Complaint Station cooperating with relevant government trademark administrative departments. The exhibitor proved to be infringed shall be treated as infringement and be punished in accordance with the Trademark Law of P.R. China.
21. Any Complaint involving patent and copyright infringement will be settled by the Complaint Station as per procedures stipulated herein. Exhibitor who is unable to prove himself as “non-infringement” shall be regarded as being “suspected of infringement” and the infringing exhibits will be forbidden in the exhibition and be disposed as per regulations herein defined.
22. In case that the exhibitor’s staff refuse to cooperate with the Complaint Centre regarding any kinds of investigation and inspection, the Complaint Station and the security office of the Canton Fair shall be authorized to confiscate the badge of such person and stop such person from entering the hall afterwards subsequent to an invalid persuasion of the staff of the Station.
23. Should the exhibitor be found out to exhibit the same infringing exhibit in the same stand
subsequent to an initial settlement has been performed by the Complaint Station, the Complaint Station and the security office of the Canton Fair shall be authorized to confiscate the badges of all participants in such stand, stop them from entering the hall afterwards and circulate a notice of criticism of the exhibitor on Newsletter of Canton Fair.
24. Those exhibitors who are suspected of infringement for one session shall be given written warning by the Canton Fair; those exhibitors who are suspected of infringement of patent and copyright for consecutive two sessions or accumulative three sessions; those exhibitors who are suspected of infringement of trademark for consecutive two sessions; those exhibitors who purposely counterfeit and fake other’s patent and registered trademark shall be refused to participate in six sessions of the Canton Fair and be criticized in the circulating notice.
25. Those exhibitors who get effective judgments of infringing IPR through administrative or judicatory approaches show the alleged exhibits in the stand, and those exhibitors who have been refused to participate in several sessions of the Canton Fair and are suspected of infringing IPR after they resume the participation of the Canton Fair, shall be disqualified the participation of the Canton Fair permanently and be criticized in the circulating notice.
26. In case that during the same session of the Canton Fair, over ten exhibitors infringing one ownership No.(extensive infringement) or one exhibitor is suspected of infringing over three ownership No. shall be disqualified the participation for next session of the Canton Fair and be criticized in the circulating notice.
5. Interpretation of Terminologies
27. Intellectual Property Rights, in accordance with TRIPRS (Agreement On Trade-related Aspects of Intellectual Property Rights) of WTO, shall include the following:
① Copyright and Related Rights
② Trademarks
③ Geographical Indications
④ Industrial Designs
⑤ Patents
⑥ Layout-Designs (Topographies) of Integrated Circuits
⑦ Protection of Undisclosed Information
28. Exhibitor—— the herein defined exhibitor who are responsible for infringing IPR shall be the one who has entered into the Participation Agreement with Canton Fair and has been recorded by Canton Fair (i.e. the company shown on the fascia)
29. Proofing documents—— writ of ownership of IPR including testify documents required by the Laws and Regulations of the People’s Republic of China and documents required by the Complaint Station from the appellant or the defendant as per actual situation.
6. Supplementary Articles
30. Whether the defendant has been punished by the Complaint Station or not, any further legal measures undertaken by the appellant or the defendant subsequent to this Fair shall be conducted through the local administrative or judicial authorities pursuant to the closure of the Canton Fair.
31. Every session, the Complaint Station analyzes related complaint data and reports the name list of the exhibitors suspected of infringing IPRs to related departments.
32. Authority for the interpretation of the regulations belongs to China Foreign Trade Centre.
33. The regulations come into force as of the day of issuance. In case that related previous
provisions conflict with the regulations herein, the regulations prevails.
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