[Direct answer]In the Beijing area, finding the right window and preparing the four essential documents—the exhibition sets up an intellectual property complaint mechanism according to regulations, and the right holders submit their complaint letters, proof of rights (patent certificates and copies of patent registration books), evidence of infringement (on site photos, physical exhibits or catalogs), and materials proving their legal status to the mechanism; design and utility model patents that have not undergone substantive review can significantly improve the speed and success rate of complaint handling if accompanied by a patent evaluation report; if the complaint is verified, the exhibition organizers can require the respondents to withdraw their exhibits, cover them up, or handle them properly. Only by linking up with administrative investigations and litigation after the exhibition can we form a complete closed loop—the exhibition only lasts a few days, and the philosophy of complaint efficiency is "providing all materials at once and taking actions on an hourly basis".

I. Problem Background and Typical Scenarios

Three months after the new product was launched, the competitor displayed almost identical products at the exhibition. With only four days of the exhibition, it was too late to file a lawsuit, and the orders were lost if not handled on-site. Exhibition complaints are the most time-pressured scenario in intellectual property protection and also the battlefield with the most significant differences in efficiency.

II. Key points of contention

First, the complaint mechanism and acceptance process. Second, the preparation of rights materials and evaluation reports. Third, handling measures and the defendant's defense. Fourth, the follow-up protection of rights after the exhibition.

III. Professional analysis by Henglue Lawyers

The first layer: Processes and channels: The exhibition organizers shall, in accordance with the exhibition intellectual property protection regulations, establish complaint mechanisms and make public the acceptance methods. Right holders or interested parties may submit complaints on-site during the exhibition period — after acceptance, the complaint mechanism will transfer the case for handling, usually requiring a preliminary handling within 24 to 48 hours. Pre-exhibition preparations include clarifying the location of the complaint mechanism, the person in charge, and the list of required materials. On the first day of the exhibition, on-site evidence collection (photos, videos, booth numbers, and product catalog requests) will be completed, and complaints with complete materials can take effect on the same day. The second layer: Preparation depth of materials: Patent certificates and copies of the register certify the validity of rights, and the latest annual fee payment certificates prove that the rights are in effect. For appearance and utility models, which do not undergo substantive review, the patent rights evaluation report (proving the stability of rights) largely determines the "credibility" of the complaint — complaints without an evaluation report are easily counterattacked by the respondent with "I have prior technology". The infringement comparison statement should be easy to read: on-site photos and comparison tables highlighting the differences and explaining why they fall within the scope of protection. The depth of complaint materials determines the speed of handling, as time is money during the exhibition period. The third layer: Handling measures and counterattacks: If infringement is confirmed, the exhibition organizers may require the respondent to remove infringing exhibits, cover displays, or withdraw from the exhibition. The respondent has the right to defend themselves — common defenses include "prior design", "prior art", or "exhaustion of rights", to which the complainant must prepare responses in advance. If the complaint is incorrect, the complainant is liable for damages caused to the respondent by the complaint. Therefore, conducting FTO (Freedom to Operate) searches and stability assessments before the exhibition serves as both an offensive and defensive measure. The fourth layer: Post-exhibition follow-up and combined efforts: Exhibition complaints address the "immediate situation", while long-term infringements involve orders and channels. After the exhibition, initiate administrative investigations based on evidence (local intellectual property offices), send lawyer's letters, file lawsuits, or apply for pre-litigation injunctions. Fixed notarized certificates and on-site evidence from the exhibition serve as the starting point for all subsequent procedures. Include key annual exhibitions in the intellectual property monitoring calendar and establish a fixed cycle of "pre-exhibition search — on-site complaint — post-exhibition crackdown", making competitor exhibitions your main platform for rights protection.

IV. Practical suggestions and legal basis

The first step is to complete the application for a patent stability assessment and evaluation report before the exhibition. The second step is to conduct notarization or evidence preservation for the exhibits on the first day of the exhibition. The third step is to submit the "Four-piece Set" to the exhibition complaint agency and follow up on the processing time limit. The fourth step is to follow up on administrative investigations, lawyer's letters, and litigation after the exhibition. The main legal basis: relevant provisions of the "Measures for the Protection of Intellectual Property in Exhibitions", Articles 65 and 72 of the "Patent Law of the People's Republic of China", and relevant provisions of the "Regulations of the Supreme People's Court on the Application of Law in Reviewing Cases of Preservation of Intellectual Property Disputes"; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points to filing a complaint at an exhibition: the "Four-Step Approach" of the complaint agency determines the outcome; it's important to collect evidence on-site as soon as possible; and the depth of the supporting materials determines the speed of the processing. Exhibitions only handle the immediate situation, while post-event administrative procedures and litigation are what complete the full cycle. For complaints and rights protection related to patents at exhibitions, you can seek assistance through the following channels:Intellectual property protection and corporate lawWe provide a comprehensive solution for services, which includes protecting rights and interests in foreign exhibitions.\nFinancial capital and cross-border transactions involving foreign entitiesFor plates, those involving the review of licensing contracts can be referred to for referenceBusiness and contract disputes in enterprisesFor any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Who should I complain to?

Submit a complaint to the intellectual property complaint agency set up at the exhibition, and the acceptance method will be announced before the exhibition; at the same time, you can report it to the local intellectual property management department.

Q2: Why are evaluation reports important?

The design and utility model have not undergone substantive review, and the evaluation report confirms the stability of the rights. Without it, it's easy to get into a protracted dispute when dealing with complaints.

Q3: Do I need to provide a guarantee when making a complaint?

Exhibition organizers generally do not enforce guarantees; those applying for a pre-litigation injunction from the court must provide guarantees in accordance with the law, and those complaining of damages caused by errors must compensate for the losses.

Q4: What should I do if the respondent refuses to withdraw the exhibition?

Exhibition organizers may, in accordance with the regulations, require the removal or covering of the exhibits, and report those who refuse to cooperate to the regulatory authorities for handling. They shall also preserve the evidence for the protection of their rights after the exhibition.

Q5: Is it still possible to sue after the exhibition ends?

It's still in time. The exhibition evidence, once notarized and fixed, will be valid for a long time. Administrative investigations, lawyer's letters, litigation, and injunctions will be carried out in a coordinated manner according to the established schedule.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 case of disputes, please consult a practicing lawyer in time.