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In co-operation with the Ministry of Commerce of China (MOFCOM), IPR2 supported an information and mediation support facility on-site for the duration of the CeBIT 2009 trade fair to assist in disputes over patents, trademark and industrial design infringements between exhibiting Chinese and European companies. The on-site service was inaugurated jointly by Mr Chong Quan, Assistant Minister, Ministry of Commerce, as part of a high-level visit by leading Chinese IP enforcement officials, together with the European Commission's Ms Ewa Synowiec, Director, DG Trade.
MOFCOM maintains a strong interest in the protection of IP at trade fairs: This particular collaboration was an effective pilot exercise, from which potential and interest in extending the experience and benefits to other trade fairs in Europe and China may be assessed.
This 'China IPR Desk at CeBIT' provided an information and mediation service to Chinese and European companies in support of their efforts to better protect their IP; by way of on-the-spot neutral and professional assistance in reaching an equitable solution for both parties and stakeholders involved (including the German authorities, the trade fair organisers and co-organisers and the legal department of Deutsche Messe AG). Almost all cases addressed were resolved in the course of the mediation support; dramatically reducing the instance of legal action as taken in the previous year.
In the course of the trade fair days, the China IPR Desk at CeBIT addressed a total of 48 cases. 60% were criminal complaints and 40% were related to preliminary measures, Bailiff enforcement notices, warning letters and information support (such as legal information and IP protection in Germany and Europe in general).
The typical reasons for seeking support from the China IPR Desk at CeBIT included:
being suspected as an infringer in a criminal complaint
-receiving a warning letter from lawyer regarding to the IP infringement
-receiving a civil decision regarding to the preliminary measures
-being involved in the enforcement for the civil decision
Early feedback suggests that the information and mediation service was well received by the target groups/stakeholders, in particular the enforcement authorities (prosecutors and police), right holders and potential infringers: The mediation service became the first stop for exhibitors when IP issues were raise during the fair days. The service was effective in helping to raise awareness among Chinese companies on what constitutes IP infringements and what avenues are available to them; as well as easing the difficulties presented by language barriers.
As part of building awareness of the service and ensuring more effective IP protection at CeBIT, the participating Chinese companies and the German enforcement authorities were informed of its purpose prior to the start of the fair.
 
The information and mediation support was undertaken together with the China Council for the Promotion of International Trade CCPIT) and China Electronics International Exhibition and Advertising Co Ltd (CEIEC).
International trade fairs are the natural global platform for the international market, attracting producers and consumers across entire industry sectors. Trade fairs showcase technology, facilitate comparison between products and readily foster exchange of information and competition. The dynamic environment of a trade fair compels exhibitors to make use of all assets – including intangibles like intellectual property rights – to maintain a competitive edge. The situation is not new: the Paris Convention, signed in 1883, is still the basis for the protection of intellectual property today; it was originally conceived to define the scope of IP rights for foreign exhibitors at world fairs. The annual CeBIT Hanover fair is the world’s largest exhibition of IT and telecommunications goods and services. It has been organised by Deutsche Messe AG since 1986.
Specifically, the China IPR Desk at CeBIT provided two channels of support:
-Information service: offering specific support on the nature and scope of IP rights in the host country; general suggestions for assuring better protection of their IP rights; and possible means of enforcement.
-Mediation service: first point of contact for prevention of IPR disputes involving Chinese exhibitors that couild offer a neutral stance between the parties, foster the exchange of information and facilitate an equitable solution.
The mediators role did NOT include providing legal advice, positively determining the existence of an infringement, imposing a settlement on the parties, forcing the counterpart to participate in the mediation proceeding against his/her will, requesting evidence or documents that the parties did not intend to disclose nor disclosing information to the counterpart or third parties. Rather, the service aimed to foster the negotiation of a resolution: facilitating an exchange of information between both sides, and assisting in solving or easing critical issues that could otherwise bring the discussion to a deadlock.
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