[Direct answer]In the Beijing area, it is necessary to quickly gather evidence and take multiple parallel actions to protect rights. Trade shows have a short duration, and evidence is easily lost. After discovering that a product has been plagiarized, the first step is to secure evidence: request the notary office to notarize the infringing booth, products, promotional materials, take photos and videos, and obtain product catalogs and business cards. Subsequently, you can report the infringement to the trade show organizers and request the infringer to withdraw from the exhibition; file a complaint with the market supervision or intellectual property departments in the area where the trade show is held, and request administrative investigation; for patent and trademark infringements, you can apply to the court for pre-litigation injunctions and evidence preservation; and file a separate infringement lawsuit after the trade show to claim cessation of infringement and compensation. According to the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China, and the Anti-Unfair Competition Law of the People's Republic of China, claims can be made from the perspectives of patent rights, trademark rights, copyrights, or confusion, false advertising, etc.

1. Problem background and typical scenarios

The exhibition is an important window for showcasing products to the outside world, but it is also a hotspot for plagiarism. Competitors display counterfeit products at the exhibition, directly stealing customers and orders. Since the exhibition period usually lasts only a few days, if evidence is not collected in time, it will be difficult to secure evidence after the booth is removed, and the claim will be put on the defensive.

II. Key points of contention

First, how to secure evidence in a short time. Second, the effectiveness of complaints filed by the organizer and administrative complaints. Third, the application conditions for a pre-litigation injunction. Fourth, which legal basis is more advantageous to claim on. Fifth, the emergency response process at the exhibition site.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers explained from two aspects: evidence collection and remedies. Firstly, securing evidence: The most effective way is to purchase or collect evidence through notarization. The notary will record the infringing booth, product appearance, promotional materials, and price information on-site, and keep the physical samples. At the same time, take photos and videos by yourself, and request product catalogs and business cards. Pay attention to recording the booth number and time. Secondly, complain to the organizer: Most exhibitions set up intellectual property complaint acceptance offices. After submitting the ownership certificate and infringement evidence, you can request the infringer to withdraw the booth or cover the exhibits. The written materials formed after the organizer's handling can be used as evidence for subsequent litigation. Thirdly, file an administrative complaint: You can file a complaint with the market supervision department where the exhibition is held, requesting the infringer to stop the infringement and seize the infringing products. Administrative investigations are more efficient and can fix the infringement facts. Fourthly, seek judicial remedies: If the evidence is sufficient, you can apply for a pre-litigation injunction before suing, requiring the immediate cessation of exhibition and sales, and apply for evidence preservation to prevent the loss of evidence. After the exhibition ends, you can file a lawsuit to claim compensation. Fifthly, choose the basis of rights: For those with patents, claim patent rights, paying attention to the stability of design patents and utility models; for those with registered trademarks, claim trademark rights; for products with originality such as product images and manuals, claim copyrights; for counterfeit products with a certain impact on product packaging, claim rights under the Anti-Unfair Competition Law. Beijing district courts have a positive attitude towards intellectual property protection at exhibitions and review injunctions relatively efficiently.

IV. Practical suggestions and legal basis

Action suggestions: First, prepare the ownership certificates and authorization documents before the exhibition and carry them with you; Second, immediately obtain evidence by notarization and request relevant materials if you discover plagiarism; Third, file complaints with both the organizer and the administrative department; Fourth, apply for a pre-litigation injunction and evidence preservation in time if you have sufficient evidence; Fifth, sue and claim compensation as soon as possible after the exhibition. For intellectual property protection, you can refer to the relevant provisions.Intellectual property protection and corporate legal consultantsFor matters involving litigation preservation and enforcement, you may refer to the following for reference:Creditor's rights and debts, and enforcementLegal basis: Article 11 and Article 65 of the Patent Law of the People's Republic of China (amended and implemented on June 1, 2021), Article 6 and Article 17 of the Trademark Law of the People's Republic of China (amended and implemented on November 1, 2019), and Article 6 and Article 17 of the Anti-Unfair Competition Law of the People's Republic of China (amended and implemented on April 23, 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the exhibition period is short, so it's necessary to rush to obtain evidence through notarization. Secondly, complaining to the organizers is the fastest way to get the exhibitor removed. Thirdly, administrative complaints and pre-litigation injunctions can be pursued in parallel. Fourthly, it's essential to file a lawsuit as soon as possible after the exhibition to avoid delays. For cases involving exhibition plagiarism and rights protection, the following methods can be adopted:Intellectual property protection and corporate legal advisorsThe service provides a comprehensive solution, which includes measures for litigation preservation and enforcement that can be combined with each other.Creditor's rights and debts, and enforcementFor plate disputes involving contract and licensing issues, you can refer to the following resources for reference:Business and contract disputes in enterprisesFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If you find your work has been plagiarized at the exhibition, what should you do first?

Immediately secure the evidence. Please ask the notary office to notarize the infringing booth and products, and at the same time take photos and videos, request product brochures and business cards, and record the booth number and time. The exhibition period is short, so collecting evidence must be done as quickly as possible.

Q2: Can I ask the organizers to remove the exhibition booth?

Yes. Most exhibitions have an office for handling intellectual property complaints. After submitting the proof of ownership and evidence of infringement, you can request the infringer to withdraw from the exhibition or cover the exhibits. The written materials processed by the organizer can also be used as subsequent evidence.

Q3: The exhibition only lasts a few days, and there's no time to sue. What should I do?

A pre-litigation injunction can be applied for. If the evidence is sufficient, the party can apply for preservation of evidence before suing, requesting the immediate cessation of exhibition and sales, and applying for preservation of evidence to prevent its loss; and then file a formal lawsuit to claim compensation after the exhibition ends.

Q4: If there's no patent, can we protect our rights?

Yes, it's possible. For those with registered trademarks, they can claim trademark rights; for products with creative images or manuals, they can claim copyright; and for counterfeit products that have a certain impact on product names or packaging, they can claim rights based on the Anti-Unfair Competition Law, using multiple approaches simultaneously.

Q5: When is the best time to file a lawsuit after the exhibition?

It is recommended to act as soon as possible. Exhibition-related evidence is easily lost, and infringements may continue. Therefore, it is necessary to file a lawsuit with the court having jurisdiction within the statute of limitations and claim for the cessation of infringement and compensation for losses as soon as possible to avoid the weakening of evidence and the impact on winning the lawsuit.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.