Vivian Desmonts
Partner
Avocat étranger inscrit en Chine
Article
9
COVID-19 is rapidly changing the way we live as well as the way we do business. Therefore, the Canton Fair, China's largest import and export fair, will unsurprisingly need to revolutionise how its 127th event is ran when it takes place in Guangzhou between 14th and 25th June. It will move the business from offline to online and will go completely digital for the first time.
This article looks at how a digital Canton Fair will work in practice and, more importantly, how it could impact the strategy for companies who might need to enforce their IP.
The sellers will have the capability to upload the introductions in advance including the pictures, descriptions and even the technology, etc., which the products apply to the trade platform.
With the AR technology, all-round 3D display for the products could be available. All the above information could be previewed by the attendees via the internet before the trade.
As a buyer, it will be possible to access real time 24-hour live shows that display the products and allows real-time dialogue with the sellers. All the live shows can be played back at the convenience of the buyers.
The buyers will be able to access the Canton Fair online and easily find products they are interested in. They will be able to look around and negotiate deals as effectively as if they were physically at the Canton Fair, but without the crowds and queues.
Canton Fair has recently published step-by step instructions on its official website, which could be a useful reference.
Even though the Canton Fair has gone digital, the good news is that the organisers have introduced a virtual IP Complaints Centre where it will still be possible for IP owners to make complaints against infringing sellers. The detail of the virtual IP Complaints Centre can be found on the Canton Fair website.
The process of making a virtual complaint is broadly similar to the process that was used in previous physical Canton Fairs. But, obviously, there are also differences to consider - some that could be helpful for IP owners and some less so.
There are a number of potential positives.
Firstly, online searching. Products and sellers will be easily searchable online, which could make it easier and quicker to target products that may be relevant from an infringement perspective.
Secondly, online takedown. Complaints will, of course, be filed online and takedowns can, therefore, be completed rapidly once infringements are identified. It is a positive that Customs will also join the live stream and assist the trade fair online, which enable the Customs actions to be instant if necessary for IP protection.
Thirdly, all-weather surveillance. In addition, it should make it more difficult for sellers to hide the alleged infringing products "under the table" which, in our experience, happened relatively regularly. For example, it was not uncommon to patrol the Canton Fair on the first day and find none or very few infringing products, only to find on the second day there were many more infringing products on show because infringing sellers knew that the first day was when most of the foreign companies patrolled the Canton Fair. The transparency of an online virtual Canton Fair remove some obstacles of targeting alleged infringing products.
However, there are likely to be challenges at the same time.
Firstly, evidence preservation. In our view, one of the biggest difficulties in the virtual Canton Fair will be the evidence gathering.
Online trade leads to more uncertainty. Less physical evidence will undoubtedly cause complication to fix the evidence. In judicial practice, companies sometimes have difficulties bringing cases to court due to challenges in getting and preserving the substantial evidence. However, especially but not limited for the IPRs such as copyright, trademark and design patent, we are happy to help ease your burden by preserving evidence by doing the webpage notarization and time stamp certification, as well as notarised purchasing on your behalf.
Secondly, infringement identification. From the perspective of identifying infringement, infringement comparison would face challenges without having the physical products to support the complaint especially for patent infringement (including invention patents, utility models and design patent infringement).
This issue could be solved by applying the 3D-display in some degree when comparing the products with the design patent, trademark, copyright, etc. But when it comes to the invention patent and utility model, it is still questionable. Unlike the copyright, trademark and design patent, which mostly can be analysed using the pictures and text, invention patent and utility model shall be compared with the physical products in hand.
There is a possibility that once the IP protection receives the complaints from the right holder, it requires the sellers to send the physical products for comparison offline. However, we still need to wait and see the official detailed guidance.
The world has suddenly changed due to COVID-19. It is predicted that the influence may last for several years and possibly much longer. This is very likely to quicken the pace of the development of digital trade more generally. The IP protection strategy needs to be adjusted accordingly to adapt to this shifting trend.
We have had very significant experience in assisting clients to protect their IP at the Canton Fair with great success. Therefore, we set out some helpful hints and tips below.
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