Exhibition notarization involves documenting the suspected infringer's display of potentially infringing products at an exhibition through photographs and videos, all conducted in the presence of a notary. This process also includes obtaining product brochures or samples.
When a physical product is showcased at an exhibition, it can effectively demonstrate both its production and the intention to sell. Even if only product manuals or images are presented, there remains a foundation to indicate the act of offering for sale. For high-value, large-scale items, the expenses related to notarized purchases can be quite significant, making exhibition notarization an appealing alternative. However, it is essential to recognize that exhibition notarization has certain limitations. Firstly, it does not serve as definitive proof of actual sales activity. Secondly, when only images or manuals are available, it may complicate the assessment of infringement, especially in patent cases involving inventions or utility models, where determining whether the allegedly infringing products fall within the scope of protection can be difficult based solely on their external appearance.
We recommend prioritizing notarized purchases whenever possible, with exhibition notarization as an additional option. If notarized purchases are not feasible, taking photographs of the general structure of the potentially infringing goods at the exhibition can still serve as preliminary evidence of infringement. It is important to focus on capturing images or videos of the alleged infringing product in relation to the technical features specified in the patent claims. For example, in a utility model patent infringement case involving a large processing machine valued at nearly one million, the fixed nature of the sales object made notarized purchases challenging and expensive. As a result, we chose to document the machines on display with a notary present during the exhibition.
However, it is common for exhibitors to be cautious about photography, often prohibiting it, especially concerning the internal structure of their products. This can make it challenging to capture all relevant technical features through photography. The right holders have occasionally encountered challenges when trying to capture images of the machine's internal structure, especially while it is in operation. Additionally, they often find that obtaining photos and videos of the essential technical features requires multiple attempts.
An important element of exhibition notarization is its influence on establishing jurisdiction. When a product is exhibited, it may be viewed as a violation of the offer to sell, thereby granting the court in the exhibition's location jurisdiction over the matter. This becomes especially significant when purchasing the product outside the manufacturer's area is impractical, or when there are difficulties in obtaining it within the preferred jurisdiction. In these cases, the location of the exhibition can be leveraged to determine the appropriate jurisdiction.
Tips for Exhibition Notarization
Exhibitions typically span just a few days, which makes it crucial to act swiftly when it comes to notarization. For international rights holders, local notary offices often require notarized and authenticated identity documents as part of the notarization process. If you suspect that a particular company will be showcasing a specific product at an upcoming exhibition, it is wise to contact the notary office in advance. This proactive approach will help you confirm the necessary procedures and documentation required for notarization, schedule an appointment with the notary, and prepare accordingly. Once you have verified that the product is on display, you can promptly reach out to the notary you have scheduled with to complete the notarization efficiently.