Intellectual Property Rights

INTELLECTUAL PROPERTY RIGHTS (“IPR”) PROTECTION AT PT.Felixindo Raya Pratama ( Magnificent 9 Production)

The Organisers, have a procedure in place for exhibitions organised in Indonesia (“Exhibitions”) to address complaints that exhibits and products on display at the Exhibitions infringe another organisation’s IPR. The objective of this procedure is to assist individual exhibitor(s) to protect their IPR and to respect the IPR of others.

All exhibitors are required to strictly comply with the procedure set out below and the Rules & Regulations regarding the protection of IPR in the respective countries mentioned above.  In particular, the following provisions of each country’s may differ, however, basically the provisions are:

“The Exhibitor shall not exhibit at the Exhibition any counterfeit goods or, any goods which infringe any third party’s IPR (“Infringing Goods”) or any goods which are prohibited or restricted by local laws or regulations (“Prohibited Goods”).  The Organisers shall have the right without recourse, to physically remove any goods which it or local court or relevant authority deems to be Infringing Goods or Prohibited Goods, to cancel the Exhibitor’s right of participation and/or to close down the Exhibitor’s exhibition stand and in any such event, the Exhibitor shall have no financial or other claim against the Organisers.

The exhibitor, its prinicipal and/or its agents, agrees to indemnify and hold harmless the Organisers on demand against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers arising out of the exhibition of any Infringing Goods or Prohibited Goods by the exhibitor, or acts by third parties as a consequent thereof.”

The rules and regulations set out in this brief are supplementary regulations in addition to the terms & conditions of the Rules and Regulations, exhibitors’ manual, and the Space Contract signed by exhibitors with the Organisers.  This brief and the standard Rules & Regulations can be accessed via the Bali International Spa & Wellness Expo  website, www.biswexpo.com

Procedures for complainants

1. If you would like to make a complaint involving an alleged infringement of your intellectual property rights, your complaint should be directed to the Organiser’s Office.

2. If you receive a complaint at your stand, you should refer the complainant to the Organiser’s Office.

3. Complainants must provide the following documentary evidence, when filing their complaints and to complete the prescribed form, to substantiate their claims:-

a) Trade Mark
Original or certified copy of a valid Certificate of Registration of Trade Mark, by Notary Public, that is enforceable in country of the exhibitions being held, including any renewal certificates or proof of renewal.

b) Registered Design
Original or certified copy of a valid Certificate of Registration of Design, by Notary Public, that is enforceable in the country of exhibition being held, including any renewal certificates or proof of renewal.

c) Patent
Original or certified copy of a valid Certificate of Grant of Patent, by Notary Public, that is enforceable in the country of exhibition being held, including any renewal certificates or proof of renewal

OR

d) A Court Order issued by a Indonesian Court against the Infringing Goods, depending on the country the exhibition is held.

e) An authorization letter or power of attorney from the rightful owner if the complaint is filed by an agent on behalf of the IPR owners.
In addition, the Complainant must submit a completed “Complaint Form” setting out the details of the complaint including: the Exhibitor’s name, stand number, date, complainer’s name, a brief description of the nature of the complaint and a description of the product(s), photograph(s) or product catalogue of the product(s) the subject of the complaint.

4. If the Organisers are satisfied, on the basis of the documents provided, that the Complainant’s IPR are valid and the Exhibitor has a case to answer, the Organisers will notify the Exhibitor involved of the claim and require the Exhibitor to remove the product or any material in question immediately from their stand and for the remainder of the Exhibitions unless the Exhibitor can provide evidence to the satisfaction of the Organisers that he/she has the right to display the product or material in question.  It should be noted that such procedure is purely an administrative procedure undertaken by the Organisers to assist the Complainant and the Exhibitor to resolve their dispute during the Exhibitions so as to not cause any scene during the exhibition.  It is not to  be construed as any indication that the Exhibitor has infringed the IPR of the Complainant.  The Complainant and the Exhibitor must seek independent legal advice and an appropriate order from the relevant Court if such an indication is required.

5. If a Complainant produces an Order from the local Court in respect of the product or material in dispute, the Organisers will  require the Exhibitor to remove the product or material in question immediately from their stand and for the remainder of the Exhibitions, unless the Exhibitor can provide evidence to the satisfaction of the Organisers that the goods in question do not fall within the terms of the Order or that  he/she has the right to display the product or material in question, notwithstanding the terms of the Order.

6. If the Exhibitor refuses to cooperate with the Organisers in completing the procedures outlined in paragraphs 4 and 5 above, the Organisers shall have the power, at its sole and absolute discretion, to immediately terminate the Exhibitor’s right of participation in the Exhibitions in question without any refund of the participation fee already paid by the Exhibitor and to ban the Exhibitor or any parent, associate, affiliated and/or subsidiary company from any and/or all future Exhibitions of the Organisers.

7. It is expressly understood and agreed by all Complainants and Exhibitors that the Organisers, their employees, associates and agents are not in any way liable for any intellectual property infringement during Exhibitions.  While the Organisers will take reasonable steps to require Exhibitors to respect the Complainant’s IPR, the Organisers cannot take a view as to whether an infringement has actually occurred.  Complainants and Exhibitors must seek their own independent legal advice and an appropriate order from the local Court if their dispute cannot be resolved under the Organiser’s complaint’s procedures.

8. Complainants agree and irrevocably undertake to indemnify the Organisers on demand against any or all claims, liabilities, losses, damages, costs (including legal fees) and expenses of any nature whatsoever incurred or suffered as a result of or howsoever arising out of the complaints filed by Complainants.

The Organisers expressly reserve their right to amend the rules and regulations set out in this brief from time to time.