[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 holder submits a complaint letter, proof of rights (a patent certificate plus a copy of the patent registration booklet), evidence of infringement (on site photos, physical exhibits or catalogs), and materials proving the subject's qualifications; for design and utility model patents that have not undergone substantive review, attaching a patent evaluation report can significantly improve the speed and success rate of complaint handling; if the infringement is confirmed, the exhibition organizer can require the respondent to withdraw the exhibits, cover them up, or deal with 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 in one go and taking actions on an hourly basis".

1. Problem background and typical scenarios

Three months after the new product was launched, competitors were found displaying almost identical products at the exhibition. With only four days of the exhibition left, it was too late to take legal action, and orders were lost if they weren't handled on the spot—exhibition complaints are the most time-pressured scenario in intellectual property protection and also the battlefield where efficiency differences are most pronounced.

II. Key points of dispute

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

III. Professional analysis by Henglue Law Firm

The first layer, process and windows: The exhibition organizers shall, in accordance with the provisions on intellectual property protection of the exhibition, 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 processing, usually requiring a preliminary handling within 24 to 48 hours. Pre-exhibition preparation includes clarifying the location of the complaint mechanism, the person in charge, and the list of materials. On the first day of the exhibition, on-site evidence collection (photos, videos, booth number, and product catalog acquisition) should be completed. Complaints with complete materials can take effect on the same day. The second layer, depth of material preparation: Patent certificates and copies of the register certify the validity of rights, and the latest annual fee payment certificates confirm that the rights are in effect. For designs and utility models that do not undergo substantive review, the patent rights evaluation report (which certifies the stability of rights) largely determines the "value" of the complaint - complaints without an evaluation report are easily countered by the respondent with the defense of "I have prior technology". The infringement comparison statement should be easy to read: on-site photos plus comparison tables, minimizing differences and explaining why they fall within the scope of protection - the depth of complaint materials determines the speed of processing, 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 the infringing exhibits, cover the display, or exit the exhibition. The respondent has the right to defend themselves - common defenses include "prior design", "prior art", or "exhaustion of rights", and the complainant should anticipate responses to these three defenses in the materials. If the complaint is erroneous, the complainant shall bear liability for losses suffered by the respondent due to 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 of orders and channels require further action - 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 (restraining orders). 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 rhythm of "pre-exhibition search - in-exhibition 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 of Documents" 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 includes the 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 the relevant provisions of the Supreme People's Court on the Application of Law in Reviewing Cases of Preservation of Evidence in Intellectual Property Disputes; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points to handling complaints at exhibitions: the four-step process of the complaint agency determines the outcome; it's important to collect evidence on-site as soon as possible, and the depth of the materials determines the speed of handling; exhibitions only deal with the current event, while post-exhibition administrative actions and litigation are what complete the entire process. For complaints and rights protection related to patents at exhibitions, you can seek assistance through the following channels:Intellectual property protection and corporate lawWe can provide a comprehensive solution for services involving protecting rights in overseas exhibitions.\nFinancial capital and cross-border transactions involving foreign entities.For reference, you can check the review of the authorization contract for the plateBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, 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 by 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 proves the stability of the rights. Without it, it's easy to get into a dispute with others when handling complaints.

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

Exhibition organizers generally do not enforce guarantees; those who apply for a pre-litigation injunction from the court must provide guarantees in accordance with the law, and those who file complaints about errors causing losses must compensate for the damages.

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

Exhibition organizers may, in accordance with regulations, require the removal or covering of such materials, and report non-compliant exhibitors to the regulatory authorities for handling. They may also preserve evidence for use in protecting their rights after the exhibition.

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

It's still within the deadline. The evidence from the exhibition, once notarized and fixed, will remain valid for a long time. Administrative investigations, lawyer's letters, litigation, and injunctions will proceed 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 regional differences.

If you are 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 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. If you encounter disputes, please consult a practicing lawyer in time.