IP Complaint Handling Guideline

(Last Updated 18 June 2024)

The GSMA is committed to protect your intellectual property rights (“IPR”) at MWC Shanghai 2024 (“MWCS24” or “Event"). This guideline introduces exhibitors’ obligations at MWCS24 and will guide you on how to resolve your IPR disputes during the Event.

1. Background:

In order to strengthen the protection of IPR at MWCS24, expedite the resolution of exhibition-related intellectual property disputes, and foster the orderly and healthy development of the exhibition industry, the GSMA and all exhibitors are required to comply with the relevant regulations, including the "Shanghai Convention and Exhibition Industry Regulations", "Shanghai Regulations on the Protection of Intellectual Property Rights", and "Regulation 1/2024 on the Rapid Resolution of Exhibition Intellectual Property Disputes in Pudong District” (collectively referred to as the “Regulations”).

2. Exhibitors’ obligations:

In compliance with this Regulations, exhibitors acknowledge:

  1. their exhibition items do not infringe upon the IPR of others.
  2. they reviewed the intellectual property status of their exhibition items and will refrain from bringing at the Event exhibition items suspected of infringing upon others' IPR;
  3. they will voluntarily disclose proof of rights for their exhibition items and cooperate with inspections.
  4. they have prepared relevant proof of rights materials for exhibition or proactively register with the GSMA within 30 days prior to the commencement of the Event;
  5. they have appropriately labelled intellectual property marks and signs on exhibition items in accordance with relevant national regulations;
  6. When accused of alleged infringement, they will accept the handling by GSMA’s Complaint Institution (“CI”) and will cooperate with the supervision, inspection, evidence collection, and handling by the District Intellectual Property Office, the District Commission of Commerce, judicial authorities and the GSMA. If the CI determines that there is a suspected infringement and the exhibitor fails to provide valid evidence of non-infringement, or if the exhibition items have been adjudged to have infringed upon by a court or administrative authority with legal effect, exhibitors should immediately take measures such as covering, removing, or withdrawing the exhibition items. If exhibitors refuse or neglect to fulfil their obligations, the GSMA will have the right to revoke exhibitor credentials, cancel or terminate their Event participation.
  7. shall bear compensation responsibilities If they cause damages to the accused due to malicious or false complaints.

Any exhibitor found to be engaging in any of the following behaviours, shall be included in the District Intellectual Property Office and District Commission of Commerce’ dishonesty database:

  • Refusing to cooperate with judicial authorities or the District Intellectual Property Office, the District Commission of Commerce in supervision, inspection, or handling work, with severe circumstances.
  • Refusing to cooperate with the GSMA’s handling work according to intellectual property protection clauses or compliance commitments, with severe circumstances.
  • Repeating infringement, namely, when the exhibition items were identified as suspected of infringement in previous exhibitions, and subsequently, these items were determined as infringing by a people's court or intellectual property administrative department and the determination has become effective. Yet, the same exhibition items are displayed again in the current exhibition.

3. Complaint institution

Based on the Regulations, the GSMA has established a CI composed of personnel from the GSMA and law firm to receive complaints from IPR holders or stakeholders, and lawfully address intellectual property disputes arising at MWCS24

The GSMA has engaged AnJie Broad Law Firm to advise on IPR matters during the Event and assist in handling IPR complaints. Complainants can contact AnJie Broad for complaint application and more details:

Mr. Allen Chen
Email: [email protected]
Tel: +86 21 2415 1561

Or

Mr. Bill Zhou
Email: [email protected]
Tel: +86 21 2415 1549

4. Complaint and handling

4.1. Complaint

IPR holders or stakeholders who believe that exhibition items infringe upon their IPR (“Complainants”) may lodge complaints with the CI by providing the following materials:

  • A complaint application, including basic information about the complainant and the respondent, facts, and reasons concerning the alleged infringement of IPR by the respondent's exhibition items (one original copy, with corresponding copies provided based on the number of respondents). If you need to file a complaint, please contact the above lawyers to obtain a complaint application form.
  • Relevant evidence materials, including valid proof of intellectual property ownership (such as patent certificates, patent authorization announcements, identity proofs of patent holders, trademark registration certificates, identity proofs of trademark holders, copyright registration certificates, identity proofs of copyright owners,  and other proof materials of intellectual property legal status), as well as basic evidence of the alleged infringement by the respondent (one original copy, with corresponding copies provided based on the number of respondents).
  • Identification materials of the complainant. If the IP rights holder is a natural person, a copy of personal identification is required. If the rights holder is a business entity, copies of business licenses and the identification of the legal representative should be provided, each stamped with the official seal of the enterprise.
  • In the case of a complaint filed by an entrusted agent, a power of attorney and identification documents of the agent should also be submitted. The power of attorney should be signed or sealed by the principal and should specify the matters entrusted and the extent of authority granted.
  • Other necessary supporting documents.

In order for the CI to promptly take action on the complaints, it is recommended to prepare the above documents in advance. Complainants shall pay particular attention to the following notes: 

  • If the materials were formed outside the territory of the People’s Republic of China, they should comply with the relevant provisions of laws and regulations regarding notarization and certification. If the materials are in a foreign language, a corresponding Chinese translation should be provided, signed by the translator, and stamped with the seal of the translation agency.
  • If objective factors such as time or geography prevent the timely provision of notarized certification documents, the complainant may temporarily postpone submission. However, during the exhibition period, a written commitment to the authenticity of the submitted materials should be provided.

4.2. Handling

Upon receiving a complaint, the CI shall handle the complaint according to the following procedures and promptly notify both the complainant and the respondent:

  1. If the materials meet the requirements, the CI shall accept them on the spot;
  2. If the materials do not meet the requirements, the complainant should be informed of the reasons for non-compliance, the materials that need to be amended, and the deadline for submission;
  3. Upon accepting the complaint, the CI shall immediately notify the respondent, deliver the complaint application and related evidence materials, and request the respondent to submit written statements and evidence of non-infringement within 24 hours;
  4. The CI shall promptly investigate and verify the exhibition items being complained about and may jointly conduct mediation with on-site intellectual property mediation organizations based on the actual situation;
  5. If an agreement cannot be reached through on-site mediation under the following circumstances, the GSMA shall order the respondent to voluntarily withdraw or cover the exhibition items suspected of infringement. This will happen:
    1. When the respondent fails to provide written statements and evidence materials within 24 hours of receiving the notification without justifiable reasons.
    2. When the facts of infringement by the complained exhibition items have been confirmed by legally effective documents.
    3. When the respondent admits to the infringement.
    4. When the exhibition items are determined by the CI to be suspected of infringement.
  6. If the respondent refuses or neglects to fulfil their obligations, the GSMA shall take measures such as covering, removing, or cancelling the exhibition items according to laws, regulations, and exhibition contracts.
  7. If the respondent provides valid evidence or if it cannot be determined through on-site comparison whether infringement is suspected, and an agreement cannot be reached through on-site mediation, the CI shall make a record and inform the complainant to further protect their legitimate rights and interests through administrative or judicial means.

The Complaint Handling Flowchart is attached as Annex 1.

5. Other IPR-related Contact Information

 

Annex 1. Complaint Handling Flowchart