Given China's vast market size and manufacturing capabilities, large-scale trade fairs are held regularly throughout the country. Among them, the Canton Fair stands out as one of the largest and most comprehensive in the world. Beyond serving as a key venue for sourcing goods, it also provides a valuable opportunity to identify and address intellectual property infringements, allowing businesses to proactively enforce their rights.

Whether you have already spotted counterfeit products or are simply looking to investigate potential infringements, the Canton Fair offers a unique platform to gather valuable information.

What the Canton Fair offers

It provides several key opportunities for IP rights holders:

  1. Conduct an IP audit to check for counterfeit products on the market.
  2. Gather leads and evidence to pursue the source of counterfeiting.
  3. Enforce your IP rights against suspected exhibitors.

Preparation is everything

To maximize your chances of successfully enforcing your rights at the fair, prudent preparation is essential. Here are some steps to take before attending:

  1. Assemble all necessary documents.
  2. Research the fair's website thoroughly.
  3. Contact experienced agents or lawyers early on.
  4. Clearly define the type of IP infringement you are looking for at the fair.

Procedures for filing an IP complaint

  1. Identify potential infringers: Before attending, research the attendee list to identify parties manufacturing similar goods. Given the fair's size, it's impractical to review every booth, so targeting specific stalls will save time. Arriving early during the first few days can help you avoid long queues at the Complaint Reception Station.
  2. Gather information: If you identify an infringer, gather as much information as possible without confronting them directly. Inquire as a perspective buyer to obtain details such as the infringer's name, address and place of manufacture. If feasible, purchase a sample and collect their business card. While cameras are prohibited at the fair, documenting key details—such as the booth number—can be helpful for follow-up.
  3. Report to the Complaint Reception Station: After collecting information, report your findings to the Complaint Reception Station. Avoid confronting the infringer directly, as this could violate the fair's terms and conditions and may provoke aggressive behaviour from them. Be prepared for long wait times at the station, which can last up to three hours.
  4. Complete the complaint form: To file a complaint, you will need to complete a complaint form and provide supporting documentation while being prepared to explain why the infringer's product violates your intellectual property rights. Keep in mind that if the infringement isn't "clear-cut," action may not be taken.
  5. Administrative body engagement: The Complaint Reception Station directly coordinates with representatives from relevant administrative bodies—including the Guangdong Intellectual Property Office—to organise visits to the infringers' stalls. This process typically takes between four to six working hours, and you won't be allowed to accompany them.
  6. Infringer's response: The infringer will have a chance to explain why their product does not infringe or may agree to cease their actions. If they deny infringement but officials remain unconvinced, infringing products may be removed from their stall. Authorities also have the power to ban infringers from future fairs. However, this does not always prevent them from exhibiting again.

If action is taken against the infringer, you will receive a certificate documenting the outcome at the Complaint Reception Station after officials have taken action. This certificate is crucial, as it can serve as evidence in subsequent administrative or civil proceedings.

By following these steps and preparing in advance, you can effectively manage intellectual property complaints at trade fairs in China and protect your brand against infringement.

For more insights on Chinese IP matters, subscribe to Jian Xu's updates on LinkedIn.