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Intellectual Property Rights

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
 
The Organisers, APLF Ltd, have a procedure in place at fairs and exhibitions organized by the Organisers in the People's Republic of China ("ACLE") to address complaints that products on display at the Fair infringe someone else's intellectual property rights. The procedure is aimed at assisting individual exhibitors to protect their intellectual property rights and to respect the intellectual property rights of others.
 
In this respect, the attention of all exhibitors is drawn to the following paragraphs from Clause 5 of the Standard Rules & Regulations:
 
The Exhibitor shall not exhibit at the Exhibition any counterfeit goods or any goods which infringe any third party's intellectual property rights ("infringing Goods"), any goods which are prohibited or restricted by local laws or regulations ("Prohibited Goods") or any goods which in their manufacture or production fail to comply with the Convention on International Trade in Endangered Species of Wild Life Flora and Fauna ("CITES") or any other international standards, regulations and legislation in respect of ethical slaughtering and conservation of endangered species, including without limitation standards issued by the World Conservation Union ("ICUN") ("Unethical Goods"). The Organisers shall have the right, without recourse, to physically remove any goods which it or any Hong Kong court or relevant authority deems to be Infringing Goods, Prohibited Goods or Unethical Goods, to cancel the Exhibitor's right of participation and/or to close down the Exhibitor's exhibition stand and in any such event, the Exhibitor shall have no financial or other claim against the Organisers.
 
The Exhibitor agrees to indemnify any hold harmless the Organisers on demand against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers arising out of the Exhibition of any Infringing Goods, Prohibited Goods or Unethical Goods by the Exhibitor, or acts by third parties as a consequent thereof.
 
The rules and regulations set out in this brief are supplementary regulations in addition to the Terms & Conditions of the Standard Rules & Regulations and form part of the Exhibition Contract signed by exhibitors with the Organisers. This brief and the Standard Rules & Regulations can be accessed via the Organisers' website, www.aplf.com.


Procedure
 
All IPR Complaint shall be referred to the APLF Operations Staff stationed at the Exhibition Operations Office.
The Complainants shall provide the relevant documentary evidence to substantiate any IPR Complaint. Any IPR complaint shall not be accepted, unless one or more of the following documentary evidence is provided by the Complainants:

(2a) For IPR complaints regarding trademark issues:

i) Original or certificated copy (*) of the valid trademark certificate(s) relevant to the particular subject matter of the IPR Complaint including (if any) renewal certificate(s) and proof of trademark assignment(s) and

ii) Proof of identity of the trademark owner – for corporate trademark owner, proof of identity shall be a valid Business License; for individual trademark owner, proof of identity shall be a valid ID card.

(2b) For IPR complaints regarding patent issues:

i) Original or certificated copy (*) of the valid patent certificat(s) relevant to the particular subject matter of the IPR Complaint including (if any) associated documentary evidence thereof and

ii) Proof of identity of the patent owner - for corporate patent owner, proof of identity shall be a valid Business License; for individual patent owner, proof of identity shall be a valid ID card.

(2c) For IPR complaints regarding copyright issues:

i) Original or certificated copy (*) of the valid copyright recordal certificate(s) relevant to the particular subject matter of the IPR Complaint and

ii) Proof of identity of the copyright owner - for corporate copyright owner, proof of identity shall be a valid Business License; for individual copyright owner, proof of identity shall be a valid ID card.

(* If the original or certified copy of the certificate is not available, the complaint can be accepted based on the copy and the Complainant should provide the original or certificated copy to the Organiser afterwards)

(2d) For any IPR Complaint:

i) Valid court order(s) (if any) with regards to the subject matter of the IPR Complaint.

(2e) IPR Complaint filed by an agent or on behalf of a 3rd party

i) A valid Power of Attorney or letter of authorization

Version: June 2008