REED EXHIBITIONS
IP ISSUES AND PROCEDURES
Reed Exhibitions Mexico, S.A. de C.V., (collectively, “Management”) respects the Intellectual Property (“IP”) rights of others and expect all exhibitors to do the same. In connection with the event (the “Event”), the following standards apply:
1. The role of Management is strictly to try to protect the integrity and peace of the Event and to preserve the Event environment in a manner that allows all clients and sponsors the opportunity to receive the benefit of their exhibits and/or sponsorships. Accordingly, Management shall designate one or more on-site IP Ombudsperson(s) for the Event who will, on behalf of Management, address intellectual property issues arising at the Event consistent with these IP Procedures (such IP Ombudsperson(s) hereinafter referred to under the umbrella term “Management”).
2. Management will acknowledge existing recognized IP rights (such as Instituto Mexicano de la Propiedad Industrial “IMPI”) where proof of the current validity of these rights is provided by the exhibitor/IP rights holder alleging a violation of its IP rights (the “Complainant”) to Management, and will assist in communicating those asserted rights to another client alleged to be in violation of the rights (the “Accused”).
3. Management is not and will not act as an arbiter of the existence of valid and subsisting rights in the IP of a Complainant.
4. Management will cooperate and act consistently with any duly issued court order, writ, judgment or injunction against an client. In so acting, Management is a neutral party and Management’s presence during service of any court issued documents during the Event is strictly for the purpose of carrying out Management’s responsibility to protect the integrity and peace of the Event.
5. Management may take steps which are believed reasonable and appropriate, in Management’s sole discretion, to attempt to achieve an accommodation and/or resolution of IP rights issues between clients. Management is not and will not become an enforcement agent or representative relating to the alleged IP rights of any client.
6. Management reserves the right to ask an Accused client to produce appropriate documentation reflecting the right or license of such client to display and market any complained of product(s) or material(s).
7. Management will, where deemed reasonable and appropriate in its sole discretion, ask (and possibly insist) that an client remove items or materials only where the asserted IP rights, after being shown to Management to be currently valid, clearly cover the items or materials of the Accused client in the reasonable judgment of Management.
8. Clients agree to follow the IP Procedures set forth in this document.
9. Complainants agree to follow the IP Procedures set forth in this document.
In the event of any perceived violations of IP rights at the Event:
A. 1. Complainant or its representative(s) will approach and/or communicate with the designated IP Ombudsperson for the Venue/Event Complainants or its representative(s) may not access the event during set up, break down or outside of show hours;
B. If Complainant representative(s) require access to our event, they must follow rules for attendee access:
• Complainants representative(s) must purchase a ticket or make a registration;
• Complainants representative(s) may not access the event during set up, break down or outside of show hours;
• Complainants representative(s) may only access the event during the scheduled dates/times.
C. Complainants representative(s) may check for the logo in question, if it is displayed, ask for it to be removed, or covered and provide the following:
D. Evidence that the IP rights issue has been communicated by the Complainant in writing to the representative(s) of the Accused client – either before or during the Event.
• For example, evidence of a letter or email sent by Complainant or Complainant’s designated representative.
E. Clean and clear written evidence to support the claimed IP rights.
• For example, for Mexico registrations, copies of the IMPI Registrations in question, and proof that such rights are currently valid.
F. Evidence as to the products and/or materials being used by the Accused client at the Event which are asserted to be covered by the Complainant’s IP rights.
• For example, clear photos of products or copies of materials being shown at the Event (photos of products from other locations besides the Event or pictures from websites will not suffice).
Please note that Management requests that any Complainant contact Management to take photos of the alleged infringing product/materials. Complainant should not attempt to take such photos.
G. Contact information for a designated representative of the Complainant authorized to act on Complainant’s behalf at the Venue/Event.
• The request information includes name, title, email and phone number where the designated representative can be reached during the Event.
Complainant must allow Management at least 24 hours to review and act, as appropriate in the sole discretion of Management, on the evidence provided by Complainant and to respond to Complainant with the steps, if any, Management intends to take.
Clients are advised that Management will not interpret claims of a utility patent, interpret the scope of protection for a registered trademark, or registered copyright or registered Reserva, or specifically make any judgments as to the sufficiency of disclosures in patents, the validity of any patents, likelihood of confusion between different marks, fame of a mark, dilution of a mark, fair use of another’s mark, priority of rights in a mark, what amounts to a substantial taking of a copyrighted work or what is a fair use of a copyrighted work.