Questions that should be addressed when talking to the complaint center or the local enforcement authorities are: How will they react to a case of infringement; what evidence and in what form is necessary to document a case of infringement; what are the possibilities of forcing an infringer to stop exhibiting an infringing product; what are the time frames for the infringer to react to a complaint; what are the chances to use the means of a preliminary injunction; what amount of down payment would be required in the case of a preliminary injunction.

China exhibition organizers usually provide exhibitor information on their websites. Checking the websites of competitors in advance might reveal potential infringements and allows more time to prepare adequate enforcement action. An exhibiting company might also know some "usual suspects" that have infringed its products in the past; so it would be advisable to check whether these will be represented at the trade fair as well.

As part of the preparation, a company should also spend some time considering what information it makes available to the public in the form of brochures or samples. Everything that is given away could serve as an inspiration or instruction manual for potential illegal copies.

Dealing with infringements

Trade fairs and exhibitions provide a good opportunity to detect potential infringers. The "set-up" day of the trade fair, therefore, can be well used also to walk around the stands and search for infringing products. It is also useful to pay a visit to the booth of the complaint center or the local enforcement authority.

In cases where a potential infringing product is detected, it is important to obtain as much information as possible about the exhibitor and the product. A digital camera or a camera-phone might be useful to secure evidence. Brochures, business cards and other types of literature are all helpful to support enforcement action.

After detecting a potential infringer, the rights-holder has to decide whether to take action. If action is taken, the company has to decide which legal means can and should be used to fight the infringer according to the information it receives from the local enforcement authorities and its own local lawyer. If action is taken at an exhibition, it might be necessary to follow up with the authorities to ensure that appropriate prosecutions take place.

(We will continue this article in Issue No. 9)