Evidence preservation in exhibitions and trade fairs

As China becomes an increasingly important centre on the global economic landscape, more and more large international exhibitions and trade fairs are being held in cities such as Shanghai, Guangzhou and Beijing. There is a problem, however, as to how rights owners timely and effectively deal with IP infringements found at exhibitions and trade fairs.

To collect the infringement evidence, the rights owners can buy the products in the exhibitions or trade fairs, or take pictures or videos of the products with the witness of the notary as evidence, or alternatively, the rights owners might apply to the court for the preservation of evidence. This author will explore some issues around evidence preservation application that call for attention during the exhibitions and trade fairs, based on the experience accumulated from attending a number of such international exhibitions.

The infringement confirmation and the timing for evidence preservation application. Exhibitions and trade fairs are brief, lasting three to five days on average. To effectively choose the correct application timing is the key to obtaining an evidence preservation order from the court. In general, rights owners should make efforts to submit the application to the court on day one or two of the events (excluding public holidays and weekends), granting sufficient time to the court for consideration and deliberation. Rights owners should confirm whether an act is an infringement on at least day one so that they are able to submit preliminary infringement evidence to the court.

Geng Yunfeng is a patent agent at Sanyou Intellectual Property Agency, and an associate at Wanrui Law Firm