
Intellectual Property Compliance Policy
As a professional manager of an international trade show, we observe, and would expect our exhibitors to observe, high standards of legal compliance. This means we are committed to ensuring that the lawful rights of intellectual property owners are respected and that complaints of intellectual property violations are investigated and appropriately dealt with in a timely manner.
This section sets out our intellectual property compliance policy. Our aim is to uphold and safeguard the legitimate rights of intellectual property owners, as well as the rights and interests of our exhibitor participants, who should not be unduly interfered with by unfounded infringement complaints. The procedures and requirements in this policy are designed to help facilitate a fair, prompt and expeditious handling of Infringement Complaints.
All exhibitors are required to comply with this policy, and all exhibitor participation at our trade show shall be subject to the provisions of this policy.
1. Definitions
1.1 Unless the context otherwise requires, words and expressions used in this policy shall have the following respective meanings:
- 1. "Exhibitor Material(s)" means any exhibit and/or sponsorship and/or advertising material(s), good(s) or product(s) (including any packaging thereof), as the case may be, and any other material(s), good(s) or product(s) used, displayed, exhibited, advertised, marketed, promoted, reproduced, published, distributed, circulated, offered, sold or provided by an exhibitor at or in connection with our trade show, collectively.
- 2. "Indemnitees" means the Show Management and its affiliates, and its and its affiliates' directors, officers, employees, agents, representatives, contractors and service providers (including but not limited to any legal advisors), collectively.
- 3. "Infringement Complaint" means any complaint that any Exhibitor Material and/or any Relevant Activity infringes the Intellectual Property Right(s) of a third party (including but not limited to any other exhibitor at our trade show).
- 4. "Infringement Evidence" has the meaning ascribed thereto in section 4.3.5.4 below.
- 5. "Intellectual Property Right" means any type of intellectual property right, including (but not limited to) any copyright, trademark right or patent right.
- 6. "Law" means any applicable law or regulation.
- 7. "Liabilities" means any claims, demands, damages, losses, liabilities, suits, actions, proceedings, judgments, fines, penalties, costs and/or expenses (including legal fees and expenses on a full indemnity basis), collectively.
- 8. "Relevant Activities" means the use, display, exhibit, advertising, marketing, promotion, reproduction, publication, distribution, circulation, offer, sale and/or provision of any Exhibitor Material, collectively.
- 9. "Relevant Information" means relevant information pertaining to an Infringement Complaint, as listed in section 3.4 below.
- 10. "Relevant Documents" means relevant documents pertaining to and in support of an Infringement Complaint, as listed in section 3.5 below.
- 11. "Territory" means the jurisdiction in which our trade show is held.
- 12. The words "we", "us", "our", "ourselves" and "Show Management" are used to refer to us, the show management of this trade show.
- 13. The words "you", "your" and "Exhibitor" are used to refer to you, an exhibitor at this trade show.
2. Exhibitor's warranty and indemnity
2.1 Exhibitor's representation and warranty
- You represent and warrant that your Exhibitor Materials and your Relevant Activities do not and shall not: (a) infringe any Intellectual Property Right or any other right of a third party (including but not limited to any other exhibitor at our trade show); or (b) violate any Law.
2.2 Exhibitor's indemnity
- You shall indemnify, defend and hold harmless each Indemnitee from and against any and all Liabilities arising from or in connection with, and neither we nor any other Indemnitee shall be liable or responsible for or in connection with: (i) any Infringement Complaint; and/or (ii) any complaint that any of your Exhibitor Materials and/or Relevant Activities violates any Law; and/or (iii) any decision made, or any action taken or omitted, or any advice, recommendation or statement provided, by or on behalf of ourselves (and/or any other Indemnitee) pursuant to, or in relation to, this policy (or the implementation thereof).
2.3 Infringements by other exhibitors
- You agree that neither we nor any other Indemnitee shall be responsible or liable for or in connection with, and you hereby waive any claim you may have against us or any other Indemnitee in respect of, any actual or alleged infringement of any of your Intellectual Property Rights arising from or in connection with any Exhibitor Material or any Relevant Activity of any other exhibitor at our trade show.
- In addition, you agree to indemnify, defend and hold harmless each Indemnitee from and against any and all Liabilities arising from or in connection with, and neither we nor any other Indemnitee shall be liable or responsible for or in connection with, any decision made, or any action taken or omitted, or any advice, recommendation or statement provided, by or on behalf of ourselves (and/or any other Indemnitee) pursuant to, or in relation to, your Infringement Complaint and/or this policy (or the implementation thereof).
3. Procedure for handling Infringement Complaints
3.1 If you receive an Infringement Complaint
- In the event you receive an Infringement Complaint, please refer the complainant directly to us, at our designated office located in the exhibition venue. We shall then handle the Infringement Complaint in accordance with the procedure set out in section 3.3 below.
3.2 If you have an Infringement Complaint against another exhibitor
- In the event you have an Infringement Complaint against another exhibitor, you must contact us at our designated office located in the exhibition venue, and provide us with all Relevant Information and Relevant Documents. We shall then handle your Infringement Complaint in accordance with section 3.3 below.
3.3 Our handling of Infringement Complaints
- In the event we receive an Infringement Complaint, we may require the complainant to complete and sign a complaint form (as prescribed by us) and shall check to see if all Relevant Information and Relevant Documents have been provided.
- If the complainant refuses or fails to satisfactorily complete and sign any complaint form prescribed by us, or if, in our sole and absolute opinion, any of the Relevant Information and/or Relevant Documents provided are or appear to be incorrect, incomplete, invalid, inapplicable, unsatisfactory or insufficient, we reserve the right to refuse to handle the Infringement Complaint unless and until the complaint form has been satisfactorily completed and signed or all further clarification, details or documents requested by us are provided by the complainant.
- If a complaint form is prescribed by us and is satisfactorily completed and signed, and if we, in our sole and absolute opinion, are satisfied that correct, complete, valid, applicable, satisfactory and sufficient Relevant Information and Relevant Documents have been provided, we shall then handle the Infringement Complaint as follows:
- 1. If the Infringement Complaint was received directly by us from the complainant, we shall notify the exhibitor concerned of the Infringement Complaint and provide the exhibitor concerned with the Relevant Information and Relevant Documents received by us.
- 2. The exhibitor concerned shall be required, upon our request, to provide us with either one of the following:
- (i) A declaration that it has already removed (or intends to remove) the Exhibitor Material(s) concerned and ceased (or intends to cease) all Relevant Activities relating to the Exhibitor Material(s) concerned, in which case, it must confirm the date and time at which it has done so (or intends to do so).
- In this case, we may (in our sole and absolute discretion) require the exhibitor concerned to sign a written undertaking that it shall cease and desist from carrying on any further infringing activity in relation to the Exhibitor Material(s) concerned or any other written undertaking as may be requested by the complainant or by us. In such event, we shall have the right to furnish the complainant with a copy of such undertaking.
- (ii) An explanation as to why the Infringement Complaint is unfounded, together with all relevant details, information and documents evidencing that the Infringement Complaint is unjustified and without merit, e.g. an explanation of how and why the Exhibitor Material(s) and/or Relevant Activities concerned do not infringe, or documentary proof that the exhibitor concerned owns the Intellectual Property Right(s) in the Exhibitor Material(s) concerned or has the intellectual property owner's permission to use the Exhibitor Material(s) concerned.
- In this case, we shall consider and assess the explanation in the light of the Infringement Complaint, and if we (in our sole and absolute opinion) determine that the exhibitor concerned has not adduced satisfactory and sufficient evidence to prove that the Infringement Complaint is unjustified and without merit, then the exhibitor concerned shall, upon request by us, immediately remove the Exhibitor Material(s) concerned and cease all Relevant Activities. In addition, we may (in our sole and absolute discretion) require the exhibitor concerned to sign a written undertaking that it shall cease and desist from carrying on any further infringing activity in relation to the Material(s) or any other written undertaking as may be requested by the complainant or by us. We shall have the right to furnish the complainant with a copy of such undertaking.
- 3. We shall notify the complainant of the response from the exhibitor concerned and the status and outcome of the matter. If there is any written undertaking provided by the exhibitor concerned (as referred to in subsection (2) above), we shall also provide the complainant with a copy thereof.
3.4 Relevant Information
- Relevant Information shall include the following:
- 1. The date and time the Infringement Complaint was received.
- 2. The name of the person submitting the Infringement Complaint, together with his/her company's name, address and contact number(s). If the complainant is also an exhibitor at our trade show, then the complainant's booth number should also be provided.
- 3. The company name and booth number of the exhibitor whose Exhibitor Material(s) and/or Relevant Activities are alleged to infringe the complainant's Intellectual Property Right(s).
- 4. The specific Exhibitor Material(s) and/or Relevant Activities complained of.
- 5. The specific Intellectual Property Right(s) on which the Infringement Complaint is based (e.g. copyright, trademark right or patent right).
- 6. Such other relevant information as may be reasonably requested by us or by the exhibitor concerned.
3.5 Relevant Documents
- Relevant Documents shall include the following:
- 1. Evidence of the complainant's Intellectual Property ownership.
- i. In the case of copyright, this would be: evidence of the original creation and initial publication of, and the complainant's ownership of copyright in, the work or other subject matter concerned.
- ii. In the case of trademark rights, this would be: the certificate of trademark registration and other relevant documents issued by the applicable authorities in the Territory.
- iii. In the case of patent rights, this would be: the certificate of patent grant (complete with all relevant claims, specifications and drawings), and other relevant reports, issued by the applicable authorities in the Territory.
- iv. In the case of any other type of Intellectual Property Right, we shall have the right to determine what shall constitute appropriate evidence of ownership.
- v. In all cases, if the registrant named in an intellectual property registration certificate is other than the complainant, evidence must be provided that the registrant has assigned its ownership to the complainant (e.g. an assignment agreement or deed) or has appointed the complainant to handle the Infringement Complaint on the registrant's behalf (preferably, a power of attorney, duly executed so as to have legal effect and recognition in the Territory, e.g. by notarization, if required).
- 2. Certificate of due incorporation or registration of the complainant company.
- 3. Evidence of the Exhibitor Material(s) and Relevant Activities concerned e.g. photographs, samples, brochures, sales contracts or invoices, etc.
- 4. If applicable and available, legally valid and binding evidence (either originating from or legally recognized in the Territory) that the Exhibitor Material(s) and/or Relevant Activities concerned have infringed the complainant's Intellectual Property Right(s), or that the exhibitor concerned has admitted to such infringement, or that the exhibitor has undertaken to or agreed with the complainant not to carry on any Relevant Activities in relation to the Exhibitor Material(s) concerned. Examples of such evidence ("Infringement Evidence") would be:
- • a court judgment, decision or order granted to the complainant against the exhibitor concerned;
- • an arbitration decision or award granted to the complainant against the exhibitor concerned;
- • an administrative decision obtained by the complainant against the exhibitor concerned, from an applicable governmental authority;
- • a written admission of infringement from the exhibitor concerned; or
- • a settlement agreement between the complainant and the exhibitor concerned.
- 5. Such other relevant documents as we may reasonably request.
3.6 Timetable
- In order to facilitate the timely handling of Infringement Complaints, the time-table and requirements set out below shall apply. However, this is only meant as a general guideline, and we reserve the right to adapt or revise it, as circumstances warrant.
- 1. All Infringement Complaints, together with all Relevant Information and Relevant Documents, must be received by us at latest by the second (2nd) last day of our trade show.
- 2. We would require at least half a day (within the trade show duration) to complete our review of the Infringement Complaint, the Relevant Information and the Relevant Documents, and to request and receive further clarifications, details or documents from the complainant.
- 3. We shall then give the exhibitor concerned at least half a day (within the trade show duration) to respond appropriately, in accordance with the requirements set out in section 3.3 above.
- 4. Thereafter, we shall notify the complainant of the response from the exhibitor concerned and the status and outcome of the matter, either before the end of the trade show (if time permits), or after the end of the trade show.
- As the trade show duration is limited, we reserve the right to reject, or to suspend or discontinue our handling of, any Infringement Complaint if: (i) any of the timing or other requirements set out above are not complied with; or (ii) in our sole and absolute opinion, such requirements cannot (or it is likely that such requirements cannot be) met or achieved; or (iii) in our sole and absolute opinion, there is (or it is likely that there would be) insufficient time for us to complete our handling of the Infringement Complaint, for whatever reason. In such event, we shall not be required to account for, nor shall we be liable or responsible for or in connection with, such rejection, suspension or discontinuance.
3.7 Repeated Infringement Complaints
- We reserve the right not to entertain any Infringement Complaint at this trade show, which is identical or similar to, or based upon, an earlier complaint already received by us at or in connection with one of our previous trade shows, if:
- 1. the earlier complaint was rejected by us for reasons or circumstances which are similarly recurring at this trade show; and/or
- 2. at the time of our previous trade show, appropriate Infringement Evidence was not available, and has still not been obtained before or at the time of this trade show.
4. Rights of investigation and co-operation
- 4.1 In the course of investigating any Infringement Complaint, we shall have the right to take samples or photographs of the Exhibitor Material(s) concerned, and may furnish the same to the complainant.
- 4.2 The complainant and the exhibitor complained of shall provide all reasonable cooperation, assistance, information, clarification and documents as may be requested by us, for the purposes of or in connection with any such investigation.
- 4.3 We shall be entitled to co-operate with the complainant and/or any governmental, regulatory, judicial, police, prosecution or enforcement authorities, in connection with their investigations into, or in connection with any suit, action or proceeding taken by them relating to, the alleged infringement, in any manner that we (in our sole and absolute discretion) may deem fit. Such co-operation may include (without limitation) our provision to them of any relevant information, details, documents and Material(s), relating to the exhibitor concerned, the Exhibitor Material(s) and/or Relevant Activities concerned, and/or the exhibitor's participation at the show, which we (in our sole and absolute discretion) may deem appropriate.
5. Non-compliance by exhibitor
5.1 If the exhibitor who is the subject of an Infringement Complaint fails to comply with any of the requirements or provisions of this policy, then (in addition to any other rights and/or remedies which we may have) we shall have the right to:
- 1. remove the Exhibitor Material(s) concerned and do all things appropriate or necessary to prevent the continuance of all Relevant Activities; and/or
- 2. suspend or terminate the right of the exhibitor concerned to participate in the trade show for the rest of the trade show's duration, without being required to refund any payments already made by such exhibitor, whether in whole or part; and/or
- 3. ban the exhibitor concerned from any or all future participations in trade organized by us or our affiliates.
5.2 In addition, you shall indemnify, defend and hold harmless each Indemnitee from and against any and all Liabilities arising from or in connection with, and neither we nor any other Indemnitee shall be liable or responsible for or in connection with:
- (i) your failure to comply with any of the requirements or provisions of this policy; and/or
- (ii) any decision made, or any action taken or omitted, or any advice, recommendation or statement provided, by or on behalf of ourselves (and/or any other Indemnitee) as a consequence of or in connection with such failure.
6. Right to require proof or assurances
- At any time before and/or during our trade show, we shall be entitled to request that you produce and provide (i) such documentation or other evidence as may be satisfactory to us, in order to verify your intellectual property ownership or license status in respect of any of your proposed or actual Exhibitor Material(s); and/or (ii) such written representations, indemnities and/or undertakings, signed by you, as may be required by us, in order to provide us with satisfactory assurances against any actual or potential claim of intellectual property infringement in relation to any of your proposed or actual Exhibitor Material(s).
- If you fail to comply with such request, we shall be entitled to: (i) refuse to allow any Relevant Activities in relation to, or remove, the Exhibitor Material(s) and do all things appropriate or necessary to prevent the commencement and/or continuance of any Relevant Activities; and/or (ii) terminate your contract and your right to participate in this trade show, without being required to refund any payments already made by you, whether in whole or in part; and/or (iii) ban you from any or all future participations in trade shows organized by us or our affiliates.

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