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Rules and Regulations


3.1. Terms of Application and Exhibition Rules & Regulations

 

Definition

1.

In these Conditions, save as the context otherwise requires:

 


"Application Form" means the form whether electronic submitted via the Exhibitor Online Platform or submitted in hard copy by which the Exhibitor applies to exhibit at the Exhibition.

"Booth Service Fee" means the amount payable by the Exhibitor for the right to participate in the Exhibition and for the use of a Shell Booth or for the right to Custom-Built Participation during the Exhibition. "Conditions" means these Terms of Application and Exhibition Rules and Regulations as amended from time to time by the Organiser.

"Conditions" means these Terms of Application and Exhibition Rules and Regulations as amended from time to time by the Organiser.

"Custom-Built Participation" means the right to construct a custom built Exhibition Stand in the Exhibition Venue for the Exhibition.

"Exhibition" means the exhibition to be organised by the Organiser as specified in the Application Form.

"Exhibition Stand" means a stand including a custom-built stand referred to in clauses 11 to 17 and 20 to 23 of the Conditions.

"Exhibition Venue" means the Hong Kong Convention & Exhibition Centre situated at 1 Expo Drive, Wanchai, Hong Kong or such other venue designated by the Organiser and notified to the Exhibitor in writing prior to the commencement of the Exhibition.

"Exhibitor" means a sole proprietor, a partnership or a limited company applying to exhibit at the Exhibition or, as the case may be, whose application to exhibit at the Exhibition has been accepted by the Organiser. For the purpose of doubt, "Exhibitor" shall include all employees' representatives and agents of such sole proprietor, partnership or limited company.

"Exhibitor Online Platform" means the online services (if any) provided by the Organiser (as defined below) at www.hktdc.com/fairapplication, for the Exhibitor to submit its Application Form and, if applicable, manage its participation in the Exhibition, subject always to availability, the consent of the Organiser, and to these Conditions.

"Organiser" means the Hong Kong Trade Development Council, which as promoter and organiser, is responsible for the regulation and control of all aspects of the Exhibition. "Publicity Material" means the promotional gifts, catalogues, pamphlets and all and any advertising and publicity material whatsoever which an Exhibitor wishes to display, distribute or use at the Exhibition. "Shell Booth" means a stand referred to in clauses 18 and 19 of the Conditions. "Stand" means Exhibition Stand and/or Shell Booth.

"Publicity Material" means the promotional gifts, catalogues, pamphlets and all and any advertising and publicity material whatsoever which an Exhibitor wishes to display, distribute or use at the Exhibition.

"Shell Booth" means a stand referred to in clauses 18 and 19 of the Conditions.

"Stand" means Exhibition Stand and/or Shell Booth.

 

Eligibility for the Conditions of Participation

 

2.1

The Organiser has the sole and absolute discretion in relation to the admission of Exhibitors. Until an Exhibitor's application made by way of Application Form has been accepted in writing by the Organiser, no rights to exhibit are granted notwithstanding payment or acceptance of the full Booth Service Fee submitted with the application. The Organiser reserves the right to decline any application without giving any reason.

 

2.2

All Exhibitors must be legally registered companies/businesses carrying on business either in Hong Kong or in their country of origin in accordance with applicable laws. The Organiser may require Exhibitors to enclose with their Application Form or payment or otherwise produce at any time a copy of their latest business registration certificate, certificate of incorporation or other company/business registration documents, business cards and/or product catalogues and/or other documents/materials as may be required by the Organiser proving that they are carrying on a bona fide business. Unless otherwise notified by the Organiser in writing, original documents should not be submitted as the Organiser cannot guarantee to return them.

 

2.3

The Exhibitor warrants that the Application Form and all other documents and information submitted to the Organiser in connection with it shall be true, complete, and up-to-date.

 

3.

The use of the Exhibition Stand allocated to or custom built by the Exhibitor is strictly for trade promotion purpose only for the duration of the Exhibition. Exhibitor is required to use the area allocated for the Stand in a manner satisfactory to the Organiser both during assembling and installation of Stand as well as at the Exhibition. The Organiser reserves the right to clear all or part of the Stand allocated to or custom built by the Exhibitor at Exhibitor's expense without notice should it not be satisfied with the way the Stand is being used. Save as provided in these Conditions, no Exhibitor shall have any claim for any refund in respect of the Booth Service Fee or any other monies paid.

 

Payment

 

4.1

Where the Application Form is submitted in hard copy, the appropriate Booth Service Fee, which shall be non-refundable (save as provided in these Conditions), must accompany each application.

 

4.2

For all other application methods including where the Application Form is submitted electronically via the Exhibitor Online Platform, the appropriate Booth Service Fee, which shall be non-refundable (save as provided in these Conditions), must be submitted by the Exhibitor following the application, in accordance with any instructions set out in any request for payment made by the Organiser.

 

4.3

For the avoidance of doubt, neither any acknowledgement of the receipt of the Application Form nor any request for payment made or issued by the Organiser shall by any means constitute acceptance of the Exhibitor’s application for the purposes of clause 2.1 above, and the Booth Service Fee stipulated on the Application Form should not be regarded as the final fee payable by the Exhibitor.

 

4.4

The Booth Service Fee and all other monies payable to the Organiser are exclusive of all taxes. Any applicable tax payable in respect of the payment made for participation in the Exhibition will be the responsibility of the Exhibitor. If at any time there is any withholding or deduction in respect of any taxes, duties or other charges that the Exhibitor would need to apply in accordance with any applicable laws of any country/region on any payment to the Organiser, the sum due from the Exhibitor in respect of such payment shall be increased to the extent necessary to ensure that after making such deduction or withholding, the net amount paid to the Organiser shall be equal to the sum it would have received if no deduction or withholding had been applied, and the Exhibitor shall be responsible for settling the withholding taxes or other payments to the relevant authorities on its own account. Any invoice sent to the Exhibitor by the Organiser may include any applicable tax chargeable in accordance with the applicable laws.

 

5.

The Organiser reserves the right to demand additional, non-interest bearing deposit(s) at any time as a guarantee for the cost of actual or potential damage.

 

6.

In the event that an application for participating in the Exhibition is not accepted by the Organiser, the Booth Service Fee paid shall be refunded without interest to the applicant within 30 days from the date of notice of rejection of the application.

 

7.

If an Exhibitor withdraws, for whatever reason, its application before receipt by it of a rejection of its application or after its application has been approved, the Booth Service Fee paid will be forfeited.

 

Use of Online Services

 

8.

Subject to service availability and the consent of the Organiser, the Exhibitor may use online services provided by the Organiser including via the Exhibitor Online Platform by logging in with a user identification code (‘Username’) and password (‘Password’) in accordance with any guidance provided by the Organiser. The Organiser only provides an online platform for Exhibitor to handle its application for and participation in the Exhibition. The Organiser shall in no circumstances be liable to the Exhibitor or any other person for any unauthorised access thereto or for any error, mistakes, delay, loss or omission in transmissions made using the online services or their level of security whatsoever and howsoever occurs.

 

8.1

If the online services are available to the Exhibitor, the Exhibitor may change its Username and Password at any time, but such change shall only be effective if accepted by the Organiser.

 

8.2

The Exhibitor shall in good faith exercise reasonable care and diligence to keep its Username and Password confidential. At no time and under no circumstances shall the Exhibitor disclose its Username and/or Password to any other person.

 

8.3

The Exhibitor shall be responsible in full for any unauthorised disclosure of the Username and/or Password to any other person and shall bear all risks of the same being used by any unauthorised persons or for any unauthorised purposes.

 

8.4

Upon notice or suspicion of the Username or Password being disclosed to or coming into the possession or control of any unauthorised person, or of any unauthorised use of the Organiser’s online services being made, the Exhibitor shall notify the Organiser immediately and, until the Organiser’s actual receipt of such notification, the Exhibitor shall remain responsible for all and any unauthorised use of the online services.

 

Space Allocation

 

9.1

The Organiser has the sole and absolute discretion in allotting the area in the Exhibition Venue for the positioning or construction of Stands and determining the location of such Stands. All decisions to such effect shall be final and no request for change will be entertained.

 

9.2

Any Exhibitor who wishes to use a name on its Stand which is different to that submitted on its Application Form must submit notice of this change to the Organiser in writing at least three months prior to the commencement of the Exhibition together with the following:-

(a) documentation (in form and substance satisfactory to the Organiser) signed by a certified accountant or the company secretary (in the case of a registered limited liability company) to prove that only the name of the applicant company has changed and not its ownership; or

(b) other documentation (in form and substance satisfactory to the Organiser) to show that the new company name belongs to a wholly-owned subsidiary of the applicant.

 

9.3

If any Exhibitor which having had its application accepted by the Organiser subsequently divides its business between two or more of its existing shareholders, the Organiser shall have the right to offer the right to exhibit as follows:-
(a) to the largest shareholder of the original applicant, who can exhibit under its own company name provided that it will be displaying the same category of products as the original applicant; and

(b) if the shareholding is divided evenly then the Organiser reserves the rights to terminate the agreement with the original applicant and reallocate the Stand unless the parties can reach an agreement among themselves regarding the transfer of the right to exhibit of which the Organiser is notified at least 3 months prior to the commencement of the Exhibition.

 

10.1

The Exhibitor's right to exhibit at the Exhibition and to use, on a non-exclusive basis, the Stand allocated to or custom built by the Exhibitor is personal to the Exhibitor and shall not be transferred, assigned, sub-contracted, licensed to or otherwise howsoever shared with any third party. Any Exhibitor who is found by the Organiser in its absolute opinion to have transferred, assigned, sub-contracted, licensed or otherwise howsoever shared its Stand with a third party, will be obliged to immediately withdraw from the Exhibition, dismantle its Stand and remove its exhibits at its own expense.

 

10.2

The Organiser reserves the right to maintain a record of those Exhibitors who have breached clause 10.1 of the Conditions and may at its sole and absolute discretion refuse to allow these Exhibitors or any of their parent, associate, affiliated and / or subsidiary companies to participate in any or all future events arranged by the Organiser.

 

10.3

In order to promote, or distribute, or display any business card, material or exhibit (promotional or otherwise) bearing the name of, or allow the presence of any employee or representative of, a wholly-owned subsidiary of the Exhibitor or a third party company for whom the Exhibitor is acting as a formal agent or distributor, on its Stand, the Exhibitor must apply in writing to the Organiser for permission at least three months prior to the commencement of the Exhibition together with supporting documents showing the connection between the Exhibitor and the relevant subsidiary or third party company. The Organiser has the sole and absolute discretion to determine whether to give such permission and in giving such permission, may stipulate such conditions as it deems fit. For the avoidance of doubt, the Exhibitor shall be deemed to have breached clause 10.1 of the Conditions if the Exhibitor distributes or displays any business card, material or exhibit bearing a third party's name or allow the presence of any person other than its employee without the prior permission of the Organiser or in violation of any condition so imposed.

 

10.4

The Organiser has the right at its sole and absolute discretion to prevent Exhibitors from having more than one Stand at the Exhibition.

 

10.5

The Organiser has the right at its sole and absolute discretion to prevent two or more Exhibitors with a common ownership or shareholder to attempt to consolidate their Stands or to display the same goods or product range at separate Stands, notwithstanding their application having been accepted.

 

Stand Construction

 

11.

Stands and exhibits shall not exceed the maximum floor loading limit as follows:

 

Hong Kong Convention & Exhibition Centre

Maximum floor loading limit

Hall 1ABC, Hall 3BCFG & Hall 5BCFG

1,700 kg/m2

Hall 1DE, Hall 3DE, Hall 5DE

1,250 kg/m2

Others

500 kg/m2

 

 

 

Asia World-Expo

Maximum floor loading limit

All Halls

3,000 kg/m2

 

 

12.

The Organiser reserves the right to alter or remove without notice and at the Exhibitor's expense any Stand which differs from the submitted specification or any Stand that does not conform to the Organiser's required standard, rules and regulations. The Exhibitor shall have no claim against the Organiser or its agents for any extra cost of replacing its Stand to conform to the Organiser's required standard, rules and regulations or for any other losses or damages relating thereto.

 

13.

Exhibitors who have opted for Custom-Built Participation may appoint either the official stand contractor or their own contractor to design and construct their Exhibition Stands, the design of which must be submitted to the Organiser for review as provided in these Conditions.

 

14.

Work of any kind carried out at the Exhibition Venue must conform to the current local laws and regulations in force in Hong Kong and those specified by the Organiser. This applies to the Exhibitor, its agents, contractors and subcontractors. The Organiser reserves the right to stop any work which contravenes with any of these laws and regulations and the Exhibitor shall have no claim against the Organiser or its agents for any losses or damages relating thereto.

 

15.

The suspension of Stands or lighting devices from the ceiling structure of the Exhibition Venue will not be permitted. All lighting devices have to be attached onto a lighting truss of no more than 1.0m height, with a minimum of 2.5m and a maximum of 6.0m ground clearance.

 

16.

Fixings to the surface of the floors to secure margin boards and other stand fittings will not be permitted unless prior approval in writing is obtained from the Organiser.

 

17.

The removal and disposal of crates and stand fittings or materials are not covered by the Booth Service Fee and are subject to an additional charge based on the charges imposed by the Exhibition Venue or such other sum as the Organiser may reasonably determine.

 

Shell Booths

 

18.

Shell Booths are provided by the Organiser's official contractor and are of a standard design. No variation of the Shell Booth including but not limited to its fascia board, lettering and fittings, shall be allowed unless prior written approval is given by the Organiser.

 

19.

No decoration, booth fitting or exhibit shall exceed 2.5m in height or the height of the Shell Booth, whichever is lower.

 

Custom-built Stands on Raw Space

 

20.

Custom-Built Participation contractors’ information, construction drawings and lighting distribution plan and site work deposit should be submitted to reach the Organiser for review no later than six weeks before the commencement of the Exhibition , and a copy of a valid insurance policy should reach the Organiser no later than four weeks before the commencement of the Exhibition. Otherwise, a late charge of HK$1,200 (USD150) will be charged to the Exhibitor or its appointed contractor. Drawings submitted must be in a reasonable scale of not less than 1:100, fully dimensioned and must contain information such as floor plan, stand elevation, fittings, carpeting, colours and materials to be used, moving exhibits, audio-visual equipment, weights and point loading of exhibits. Drawings submitted will be forwarded to the management company of the Exhibition Venue for approval.

 

21.

No contractor’s badge or vehicle pass will be issued for the Exhibition Venue and no custom-built Stand will be permitted to be erected at the Exhibition Venue unless the Exhibitor’s contractors’ information, construction drawings and lighting distribution plan, site work deposit (including late charge, if applicable) and a copy of a valid insurance policy have been received by the Organiser.

 

22.

All custom-built stand designs, stand materials used and its construction must conform to the rules and regulations of the Exhibition Venue and those of any public authority or department of the Hong Kong SAR Government.

 

23.

The transporting, assembling, dismantling and the removing of custom-built Stands are the responsibility of the Exhibitor or its appointed contractor . All such work must be carried out according to the arrangements and within the time limits specified in these Conditions or otherwise by the Organiser.

 

24.1

Please note maximum booth height varies between halls and ancillary areas and the Exhibitor is advised to confirm this with the Organiser before commencing any Stand design work. As a general guide:

 

Exhibition Venue

Maximum Booth Height

Hong Kong Convention & Exhibition Centre

2500~5000mmH

Asia World-Expo

4500~5000mmH

 

24.2

For any Stand situated within ±500mm of the smoke curtain at the Hong Kong Convention & Exhibition Centre, please note the maximum allowable Stand height will be 2500 or 3000mm depending on the exact location. Again the Exhibitor is advised to confirm this with the Organiser prior to commencing any Stand design work.

 

25.1

A safety report must be submitted for all custom built Stands on Raw Space exceeding 2500mm in height, using a hanging lighting truss and/or as otherwise deemed required by the Organiser and/or the Exhibition Venue. The Safety Report shall be endorsed by registered professional engineer in a structural discipline (recognized by the Engineers Registration Board). Exhibitors must accept full responsibility for the safety of the Stand, as the Construction Sites (Safety) Regulations (Chapter 59) is applicable.

 

25.2

The safety report required under clause 25.1 should be submitted to the Organiser by 1800 hrs on the last move-in date before the Exhibition, at the latest. If this rule is not observed, the Organiser and/or the Exhibition Venue reserves the right to prohibit all access to the Stand.

 

26.

All Stands should be dismantled and removed together with all other materials and waste by 2400 hrs on the last date of the Exhibition (unless extra move-out arrangements have been agreed with the Organiser). Otherwise, hall usage charges will be imposed until all such items have been cleared.

 

27.

For overseas exhibitors or their appointed overseas contractors who intend to erect/dismantle their own Stands, it is mandatory to comply with the requirements imposed by the Immigration Department of Hong Kong. For further queries, please contact the Hong Kong Immigration Department.

 

28.

For detailed information regarding custom built Stands in the Exhibition Venue, please refer to the Exhibitors’ Manual with which all Exhibitors and/or their appointed contractors are required to comply.

 

Electricity

 

29.

Only electricity can be used as a source of light or power at the Exhibition Venue.

 

30.

All electrical works shall be carried out at Exhibitor's expense by the official contractor appointed by the Organiser. Design plan or proposals for electrical installation must be submitted to reach the Organiser for review not later than six weeks before the commencement of the Exhibition. The Organiser may require amendments or variations to be made to the design plan or proposals at its sole and absolute discretion.

 

31.

Electric current will be supplied in 210-230 volt, single phase. Electric current of a higher voltage, (380 volt, three phases) , will be supplied subject to prior arrangement with the Organiser. The maximum electric power that will be supplied is 20 KW per 15 square meter of floor area.

 

32.

Electricity, whether from the mains, batteries or generators shall be supplied only through the Exhibition Venue's official contractor.

 

Use of Stand & Safety

 

33.

The Exhibitor shall be solely responsible for the precautionary measures (such as guards or other means of protection) to protect the public from any moving or working exhibits. Such moving or working exhibits shall only be demonstrated or operated by competent persons authorized by the Exhibitor and shall not be left running in the absence of such persons. Display of such working or moving exhibits must be subject to the Organiser's prior written approval.

 

34.

The use of laser products at the Exhibition requires prior approval in writing from the Organiser. Application for approval of such use must be submitted to reach the Organiser not later than two months before the commencement of the Exhibition.

 

35.

No advertising or demonstration at the Exhibition, including the staging of any fashion show, will be allowed at the Exhibition Venue unless the Organiser's advance approval in writing is obtained.

 

36.

Any musical performance, including the use of music recording for fashion show, requires the permission of:
(a) The Composers and Authors Society of Hong Kong Ltd., 18/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong (Tel: 2846 3268, Fax: 2846 3261);

(b) Phonographic Performance (South East Asia) Ltd., Unit A, 18/F, Tower A, Billion Centre, 1 Wang Kwong Road, Kowloon Bay, Kowloon (Tel: 2861 4318, Fax: 2866 6869);

(c) Hong Kong Recording Industry Alliance Ltd, 22/F Shanghai Industrial Investment Building, 48 – 62 Hennessy Road, Wanchai, Hong Kong (Tel: 2520 7000, Fax: 2882 6897); and

(d) such other relevant bodies which are entitled to grant the relevant permission from time to time.

All fees and expenses in connection with application of musical performance shall be borne by individual Exhibitor concerned.

 

37.1

Publicity Materials of any Exhibitor may only be distributed from the Exhibitor's own Stand. No advertising, demonstration or canvassing for business may be carried out anywhere else within the Exhibition Venue. No exhibits or advertising signs shall be placed outside the confines of the Exhibitor's Stand.

 

37.2

The Exhibitor may only display exhibits and Publicity Material which correspond to the product category zone as stated in the booth confirmation letter of the Exhibition.

 

38.

The Exhibitor shall not hang on, or otherwise adhere to, the fascia boards any stickers, posters, hangers or other materials.

 

39.

Gas-filled balloons shall not be permitted at the Exhibition Venue under any circumstances.

 

40.

Exhibitor's Stand must be manned by an authorized and competent representative of the Exhibitor at all times during the Exhibition. Such representative must be fully conversant with the Exhibitor's products and/or services and shall be duly authorized to negotiate and conclude contracts for the sale of the Exhibitor's products or services. The Exhibitor shall produce confirmation (in such form as may be reasonably required by the Organiser) that the representative shall comply with these Conditions and with any and all directions which the Organiser or its agents may give before or during the Exhibition.

 

41.

Organiser shall be entitled at its sole and absolute discretion to require forthwith to be removed, and to remove, at the Exhibitor's expense, from any Stand or any area allocated for Custom-Built Participation made available to any Exhibitor, any goods, Publicity Material, items or things displayed or placed there without any obligation to give any reason therefor, and without incurring any liability for any loss, damage or expense whatsoever incurred by the Exhibitor or any other person as a consequence thereof.

 

42.1

The Exhibitor warrants that the exhibits and packages thereof and the Publicity Material or any other part of the display on the Stand do not in any way whatever violate or infringe any third party's rights including all intellectual property rights including but not limited to trade marks, copyright, designs, names, and patents whether registered or otherwise. The Exhibitor agrees to fully indemnify the Organiser and its agents, representatives, contractors and employees against all costs, expenses and damages arising from any third party's claim of infringements by the Exhibitor and/or the Organiser and/or the latter's agents, representatives, contractors or employees of such third party's rights.

 

42.2

The Exhibitor agrees that it shall comply with any "Exhibitors' Brief on the Protection of Intellectual Property Rights at TDC Exhibitions" ("Exhibitors' Brief") that the Organiser may issue from time to time, including abiding by any complaint procedures and penalties stated in the Exhibitors' Brief, whether as a complainant of infringement of intellectual property right or as a party subject to any such complaint. If the Exhibitor fails to abide by any of the terms and conditions of the Exhibitors' Brief, the Organiser shall have the sole and absolute discretion to ban the Exhibitor and any of its parent, associate, affiliated and/or subsidiary companies from any or all future TDC exhibitions and / or to further ban any representatives of the Exhibitor in question from entering the venue of the current TDC Exhibition in which the Exhibitor is participating.

 

42.3

If a complainant/an Exhibitor ("complainant") files a complaint with the Organiser in accordance with the Exhibitors' Brief and requests the Organiser to take action against an Exhibitor, the complainant agrees to hold the Organiser, its agents, representatives, contractors and employees (including but not limited to their legal advisors) harmless and to fully indemnify each and every one of them against any and all liabilities, losses, costs (including but not limited to legal costs), expenses and damages of any nature whatsoever incurred or suffered by any of them as a result of or however arising from any action that the Organiser, its agents, representatives, contractors or employees (including but not limited to their legal advisors) may take in reliance of or as result of such complaint filed by the complainant, or any other requests, directions or instructions made or given by the complainant pursuant to such complaint. The complainant further agrees not to take any legal action or make any claim or demand against the Organiser, its agents, representative, contractors or employees (including but not limited to their legal advisors) in relation to such complaint and the alleged infringement of intellectual property rights.

 

43.

Stand assembling, installation and decoration must be carried out within the time limits specified by the Organiser and must in any case be completed by 6:00pm on the day immediately preceding the commencement date of the Exhibition. The Organiser reserves the right to assemble, install or decorate any area in the Exhibition Venue allocated for Custom-Built Participation or Stand which is not completed by that time at the Exhibitor's expense.

 

44.

Repairs or alterations to the Stand or displays may only be carried out after the Exhibition is closed to the public and with prior written agreement of the Organiser.

 

45.

No Stand or exhibits shall be dismantled or removed before the official closing time of the Exhibition on the last day of Exhibition unless special permission has been given by the Organiser.

 

46.

All audio-visual equipment must generate a noise level which does not cause any annoyance or inconvenience to other Exhibitors or visitors. The Organiser reserves the right to appoint one or more exclusive audio-visual equipment suppliers whereupon the Exhibitor shall be obliged to hire the equipment of such exclusive suppliers.

 

47.

No Exhibitor shall engage in or permit filming, sound or video recording, telecasting and broadcasting at the Exhibition Venue unless prior written approval is obtained from the Organiser.

 

48.

Public auctions shall not be permitted at the Exhibition Venue under any circumstances.

 

49.

Full particulars of all personnel, agents or representatives of the Exhibitor must be submitted to the Organiser for approval and registration before they may be admitted to the Exhibition Venue. All such personnel, agents and representatives of the Exhibitor as are approved by the Organiser ("authorized personnel") will be issued with badges for identification and admission purposes. The Exhibitor hereby undertake to procure that its authorized personnel shall:-
(a)  display their badges conspicuously whilst at the Exhibition Venue;

(b)  do not pass their badges to any other person;

(c)  return their badges to the Organiser at the conclusion of the Exhibition upon demand by the Organiser;

(d)  comply with all obligations expressed to be imposed by these Conditions on the Exhibitor; and

(e)  comply with all obligations imposed on them as the condition of approval of their admission to the Exhibition by the Organiser.

 

Publicity

 

50.

The Organiser shall arrange and be responsible for all publicity arrangements for the Exhibition both overseas and in Hong Kong and no Exhibitor, or its agents, shall give or cause to be given any interview, public announcement, press statement, or any other publicity whatsoever intended to publicize the Exhibition as a whole.

 

51.

The Exhibitor shall not disclose, appropriate or use and shall prevent its representative at the Exhibition from disclosing, appropriating or using any technical or confidential information regarding the business or affairs of the Organiser or any of the Exhibitors at the Exhibition acquired by way of the Exhibitor's license to exhibit at the Exhibition. 

 

Move-in and Move-out of Stand Materials/Publicity Material & Exhibits

 

52.

Exhibitor shall move in to the Exhibition Venue according to the arrangements and within the time limits specified by the Organiser.

 

53.

The arrangement and payment for transporting goods to and from the Exhibition Venue, and the receiving, decorating and removing its exhibits are entirely the responsibility of the Exhibitor.

 

54.

No trolleys shall be allowed in any carpeted areas of the Exhibition Venue.

 

55.

All exhibits, Stand materials/Publicity Material and the like of the Exhibitor shall be removed by the relevant Exhibitor immediately after the closing of the Exhibition according to the arrangements and within the time limits specified by the Organiser. Any exhibits or Stand material/Publicity Materials and the like of the Exhibitor left behind at the Exhibition Venue shall be deemed abandoned and shall be disposed of by the Organiser at the expense of the Exhibitor concerned. All proceeds (if any) of such disposal shall be retained by the Organiser and the Organiser shall not be obliged to account the proceeds to the relevant Exhibitor.

 

56.

The Organiser reserves the right to appoint one or more exclusive contractor(s) to handle the movements of all goods and exhibits in and out of the Exhibition Venue, whereupon the Exhibitor shall be obliged to hire the services of such exclusive contractor(s).

 

Links to Exhibitor's Web Site

 

57.

The Exhibitor's Web site should:
(a)  be professionally prepared, organised and maintained in a presentable and respectable manner, compatible with the quality image of the Organiser;

(b)  contain information aimed at promoting trade and business, and should be in compliance with all applicable laws;

(c)  not be a mail order catalogue for products or services as retail operations are not permitted to function through the access made available on the Organiser's Web site; and

(d)  not be a database or contain any link to other Web sites.

 

58.

The Exhibitor agrees to and welcomes the Organiser's establishment and provision of a hypertext link to the Exhibitor's Web site on the Organiser's Web site for such duration as the Organiser in its sole and absolute discretion deems fit. The Exhibitor agrees that the Organiser shall not be liable for any loss or liability whatsoever arising from or in connection with the Organiser's provision or removal of the hypertext link or any service interruptions of the Organiser's Web site, whether caused by the Organiser or its employees or not.

 

59.

The Exhibitor warrants to the Organiser that its Web site does not contain any of the following:
(a)  critical, defamatory, libellous, slanderous or derogatory messages, statements or material about other countries, territories, governments, cultures, religions, persons, companies, organizations, entities, products, services or otherwise;

(b)  obscene or indecent articles;

(c)  messages, statements or material which may be considered violent, racist, harmful or otherwise objectionable in nature;

(d)  any information or material which is deceiving, misleading or likely to cause confusion to site visitors;

(e)  any information or material which is illegal in the Exhibitor’s country, the country its website is hosted in, or Hong Kong.

 

Exhibitor's Undertakings

 

60.

The Exhibitor hereby undertakes to the Organiser that it shall:
(a)  take all necessary precautions to ensure that:
(i)   the information or material contained in the Exhibitors' Web site is at all relevant time accurate, truthful and complete;
(ii)  the Exhibitor's Web site is virus free and that it shall inform the Organiser immediately of any infection or suspected infection of any part of its Web site by any kind of virus;

(b)  regularly update its Web site to maintain accuracy and to ensure conformity with the established image and good reputation of the Organiser;

(c)  inform the Organiser of any changes made to the name of a web page on the Exhibitor's Web site or its home page; and

(d)  ensure that the contents of its Web site:
(i)   do not infringe any intellectual property rights or other rights of any third party;
(ii)  must not at any time violate any laws applicable to the Exhibitor or the Organiser, including but not limited to any Hong Kong law, or any international conventions, codes or regulations applicable to the Internet or its usage, and other applicable laws; and
(iii)  are not, in the reasonable opinion of the Organiser, unfavourable to the image of the Organiser or otherwise undesirable.

 

61.

Where the Exhibitor is using online services provided by the Organiser and/or has registered for those services by applying for a Username, including via the Exhibitor Online Platform, it shall not allow any person other than those authorised to act on its behalf to use such online services, and it shall not allow any person to use such services for or in connection with any unauthorised or illegal purpose or activity. The Exhibitor shall notify the Organiser as soon as practicable if it becomes aware of any such use.

 

62.

The Organiser reserves the right at any time to bar access to or delete the link between the Organiser's Web site and the Exhibitors' Web site at the Organiser's sole and absolute discretion without notice and without giving any reasons therefor.

 

63.

The Exhibitor irrevocably waives all rights to bring any claim or action against the Organiser for any loss, damage or injury which may arise as a result of the way in which the linked site is depicted or portrayed on or accessible from the Organiser's Web site.

 

64.

The Organiser shall not be responsible for any illegal or unauthorized use of materials from the Exhibitor's Web site or other infringement conducts of any visitors to the Exhibitor's Web site via the link on the Organiser's Web site.

 

65.

The Exhibitor undertakes to fully indemnify and at all time to keep indemnified in full the Organiser from and against all losses, liabilities, actions, proceedings, claims, damages, costs (including but not limited to legal costs) and expenses whatsoever and wherever arising which the Organiser may suffer or incur by reason of or in relation to or otherwise associated with its hypertext link to the Exhibitor's web site.

 

Exclusion of Liability

 

66.

Other than death or personal injury caused by the negligence of the Organisers or its employees, none of the Organisers, its agents, representatives, contractors or employees shall be liable in any way whatsoever in respect of any loss, injury or other damages suffered by or caused to the Exhibitor, its agents, representatives, contractors or employees or the products or other property of the Exhibitor or of such parties or of any other Exhibitors or visitors. For the avoidance of doubt, any death or personal injury caused by or resulting from the acts of God, war, health concerns (such as the outbreak of the Severe Acute Respiratory Syndrome), threats of terrorist attack, riots, demonstrations, civil disturbances, inevitable accident or any other cause not within control of the Organiser shall not be regarded as the negligence of the Organiser or its employees. Any approval granted by the Organiser pursuant to the Conditions shall not constitute any form of endorsement of the subject matter of the approval by the Organiser.

 

67.

The Organiser shall not be responsible in any manner whatsoever for the consequences of any introduction or commercial transaction made between the Exhibitor and other parties during or as a result of the Exhibition.

 

68.

The Exhibitor undertakes to fully indemnify and at all times hereafter to keep indemnified in full the Organiser, its agents, representatives, contractors and employees on demand from and against all losses, liabilities, actions, proceedings, claims, damages, costs (including but not limited to legal costs) and expenses whatsoever which it may suffer or incur by reason of or in relation to the negligence, wilful default or fraud of the Exhibitor in the performance of any agreement hereunder or any breach by the Exhibitor of these Conditions.

 

69.

The Organiser undertakes no financial or legal responsibility for any type of risk concerning or affecting the exhibitors/visitors, their personal belongings and exhibits. The Exhibitor shall be responsible for effecting insurance which shall include (but not limited to) its displays, exhibits and stands against loss or damage by theft, fire, water, public (including occupier's liability) and any other natural causes, and shall produce such policy of insurance to the Organiser upon request.

 

70.

The Exhibitor shall take out insurance policies to cover itself against all potential liabilities imposed on it in these Conditions as well as possible legal liability for negligence and shall produce such policy of insurance to the Organiser upon request. Exhibitor is fully liable for any loss or damage caused by an act or omission of the Exhibitor or its agents, representatives, contractors or employees to any property of the Exhibition Venue, the other Exhibitors or the Organiser. For exhibitors with precious exhibits, they are requested to take out insurance coverage and/or special security service at the exhibitors' expense for overnight storage.

 

71.

The Organiser reserve the right to exercise a general lien over any property the Exhibitor has in the Exhibition Venue in respect of all monies due from the Exhibitor to the Organiser (including but not limited to claims for damages) in connection with the Exhibition.

 

72.

The Exhibitor hereby agrees that the maximum liability of the Organiser under these Conditions shall not exceed the fee actually received by the Organiser from the Exhibitor.

 

Waiver

 

73.

The waiver by the Organiser of any of these Conditions shall not prevent the subsequent enforcement of these Conditions and shall not be deemed to act as a waiver in respect of any subsequent breach.

 

Termination of Right to Exhibit

 

74.

The Organiser shall have the right to terminate without notice an Exhibitor's right to exhibit in the Exhibition and in any other exhibition or trade fair organised by the Organiser and to close the Stand immediately at the Exhibitor's expense in any of the following circumstances:
(a)  if an Exhibitor or any of its representatives commits a breach of any of the Conditions or any additional rules and regulations introduced in accordance with clause 82 of the Conditions; or

(b)  if an Exhibitor, being a body corporate, enters into a liquidation whether compulsory or voluntarily or compounds with its creditors or has a receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of debt or if an Exhibitor being a sole proprietorship or partnership becomes, or one of its members becomes bankrupt or insolvent or enters into any arrangements with its creditors or takes or suffers any similar action in consequence of debt; or

(c)  if the Exhibitor conducts any activity which, in the opinion of the Organiser, does not conform to the nature and purpose of the Exhibition, or interferes with the rights of other Exhibitors at the Exhibition; or

(d)  if the Exhibitor displays prices or sells goods (which in either case does not conform to the nature and purpose of the Exhibition)    to private persons or sells goods for immediate delivery in the Exhibition Venue; or

(e)  if the Stand is not occupied by the Exhibitor 30 minutes before the opening hour (as published in the Exhibitor's Manual produced by the Organiser)  on the first exhibition day of the Exhibition, the Exhibitor shall be deemed to have withdrawn from the Exhibition, and the Organiser shall have the right to use the Stand or area allocated to the Exhibitor for Custom-Built Participation as it deems appropriate. The Booth Service Fee paid will be forfeited as if the Exhibitor had cancelled the participation as of such date; or

(f)  if the Exhibitor's display on its stand incorporates less than 60% of its display area exhibiting the appropriate products corresponding to the product category zone as stated in the booth confirmation letter of the Exhibition or incorporates any product which does not correspond to the product listing as stated in the Application Form of the Exhibition; or

(g)  if the Exhibitor is found to be acting in a discriminatory manner against certain visitors at the Exhibitions; or

(h)  if the Exhibitor is found to have committed any act which, in the opinion of the Organiser, might prejudice or damage the reputation and/or image of Hong Kong, its industries, the fair or the Organiser. Areas of concern include product safety and respect for intellectual property rights (IPR), labour rights, environmental laws etc; or

(i)   if the Exhibitor is accused or convicted of any criminal offence or otherwise so conducts itself as to bring itself, the Exhibition or the Organiser into disrepute; or

(j)  if the Exhibitor is in breach of any applicable local laws, rules or regulations; or

(k)  if the Organiser in its sole and absolute discretion decide that the Exhibitor's right to exhibit shall be terminated.

 

75.

In the event that an Exhibitor's right to exhibit in the Exhibition is terminated under clause 74 (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) of the Conditions, the Exhibitor shall have no claim for refund of any monies paid to the Organiser.

 

76.

The Organiser shall return to the Exhibitor all Booth Service Fees paid in the event of a termination of the Exhibitor's right to exhibit under clause 74 (k) of the Conditions. The Exhibitor shall have no other claims against the Organiser for any of its loss or damages in connection with any such termination.

 

Postponement and Cancellation of Exhibition

 

77.

The organiser reserves the right to change the date(s) of the Exhibition to other date(s) (including but not limited to postponing to later date(s)) as the Organiser deems fit, or cancel, alter in character or mode, reduce in scale, shorten or extend the duration of the Exhibition at any time without incurring any liability whatsoever to the Exhibitor due to circumstances beyond the Organiser's control including but not limited to acts of God, war, health concerns (such as outbreaks of the Severe Acute Respiratory Syndrome, bird flu or other health threats), fear of terrorist attack, riots, demonstrations, travel restrictions, curfew, epidemic, embargo, civil unrest, legal proceedings, industrial disputes of whatever nature, government regulations, the lack of or refusal to grant any government or third party approvals, permits, consents or licences, major disruption of transport system, system malfunctions or failure of telecommunications or other electronic communications that make it in the opinion of the Organiser impossible or impractical or undesirable for the Organiser to hold the Exhibition as initially planned. The Exhibitor shall have no claim against the Organiser or its agents or representatives, whether for loss or damage, or return of all or part of any money paid by the Exhibitor in respect of any postponement, cancellation, alternation, reduction, shortening or extension made in accordance with this provision.

 

78.

The Organiser reserves the right to change the plan, site character or venue of the Exhibition at any time without giving notice to the Exhibitor. Proportional allowance for use of the Exhibition Venue may be made if deemed appropriate by the Organiser (in its sole and absolute discretion) but it shall not be liable for any further compensation to the Exhibitor.

 

Disclaimer

 

79.

The Organiser has the sole and absolute discretion in relation to the admission of visitors to the Exhibition (including but not limited to determining any admission requirements or procedures). The Exhibitor acknowledges that the Organiser has given no commitment or guarantee as regards the number of visitors to the Exhibition and the results of the Exhibition and agrees that it has no claim against the Organiser or its agents or representatives in this connection.

 

80.

The Exhibitor acknowledges and understands that the hosting of the Exhibition at the designated venue by the Organiser may be subject to approval(s), permit(s) and/or licence(s) from the Hong Kong Government and/or the relevant authorities and/or other third parties. Without affecting the operation of any other clauses in these Terms and Conditions, the Organiser reserves the right to, in its sole and absolute discretion, change, reallocate or cancel the venue of the Exhibition in the event that any permit, license or approval from the Government or relevant authorities or any other third parties which is necessary or required for the Exhibition to take place at the initially designated venue is not issued or cannot be obtained for whatever reason or where the hosting of the Exhibition at the initially designated venue is impermissible or impracticable or undesirable in the circumstances due to matters in relation to or connected with the construction, reconstruction, renovation or modification of the initially designated venue. In the event of any change, reallocation or cancellation of venue under this clause, the Exhibitor shall have the right to obtain from the Organiser a full refund of any application fee or money related to such application paid to the Organiser direct. If the application fee or any money paid in relation to such application was paid to any agent or representative of the Organiser, the Organiser shall have the responsibility to refund any such application fee or money paid to the Exhibitor only if the Organiser has received the application fee and/or money from its agent or representative in full. In any event, the Organiser is not responsible for and the Exhibitor shall have no claim against the Organiser or its agents or representatives for any loss or damage of whatsoever nature and howsoever incurred or suffered in respect of any change, reallocation or cancellation of venue under this Clause.

 

81.

The Exhibitor acknowledges and agrees that the Organiser shall not be responsible for any losses or damages that the Exhibitor's business may suffer and that the Organiser has made no warranties of any kind, express or implied for services to be provided hereunder. The Organiser hereby disclaims any warranty or merchantability or fitness for any particular purpose.

 

82.

The Exhibitor further acknowledges and agrees that the Organiser shall not be responsible for any system malfunctions or failure of telecommunications or other electronic communications at the Exhibition Venue which is beyond the Organiser's control.

 

Additional Rules & Regulations

 

83.

The Organiser reserves the right to interpret, alter and amend any of these Conditions and to issue additional rules and regulations (including but not limited to the exhibitors’ manual) at any time it considers necessary for the orderly operation of the Exhibition. The amended Conditions and the additional rules and regulations shall become effective immediately upon posting of the same on our website at www.hktdc.com/hktradefairs. Once the amended Conditions and the additional rules and regulations have been posted on our website at www.hktdc.com/hktradefairs, you will be deemed to have notice of the same and have accepted the amended Conditions and the additional rules and regulations. All interpretations of these Conditions and any additional rules and regulations by the Organiser shall be final and binding on the Exhibitor.

 

84.

The Exhibitor shall abide by the rules and regulations of the Exhibition Venue which are deemed to be integral parts of and incorporated into these Conditions. In the event of conflict between the provisions of such rules and regulations and these Conditions, these Conditions shall prevail. Copies of the rules and regulations of the Exhibition Venue are available from the Organiser on request.

 

85.

The Exhibitor is responsible for all its own costs and charges incurred in entering into and carrying out the agreement governed by these Conditions, including any and all costs associated with communications facilities and access to electronic services.

 

Notices

 

86.

All notices, agreements, approvals, permissions and the like required by these Conditions to be in writing must be given:

To the Organiser either by electronic mail to exhibitions@hktdc.org ; fax to (852) 2584 0249; or post to Hong Kong Trade Development Council, 38/F, Office Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong;

To the Exhibitor either by the website at www.hktdc.com/hktradefairs or via the Exhibitor Online Platform or by email, fax or post to the addresses given in the Application Form;

or by such other methods as agreed or as notified by the Organiser from time to time. The Exhibitor consents to the use of electronic records and communications and online processing for all matters connected to these Conditions or their subject matter.

 

Conflict with Application Form

 

87.

If the provisions of these Conditions conflict with the Application Form, the provisions of these Conditions shall prevail.

 

Language

 

88.

These Conditions are prepared in both English and Chinese languages. In the event of any discrepancy between the two language versions, the [English] version shall prevail.

Governing Law

 

89.

These Conditions shall be governed by and construed in all respects in accordance with the laws of Hong Kong and the Exhibitor irrevocably submits to the non-exclusive jurisdiction of the Hong Kong courts.

 

3.2. Intellectual Property Rights

 

 

 

The Hong Kong Trade Development Council (HKTDC), the statutory body promoting Hong Kong's international trade, is committed to fostering original design and safeguarding intellectual property rights.

We have on-the-spot procedures at our trade fairs for handling any complaint that a product on display infringes someone else's intellectual property rights.  These complimentary procedures are not the only way in which complainants can file complaints. Complainants can also file complaints with Hong Kong Customs and Excise Department and/or the Courts of Hong Kong.

These procedures, carried out with our legal advisor, are designed to help establish whether there is a case to answer so that complaints may either be pursued or resolved promptly.

Our aim is as much to protect the rights of individual exhibitors to be promptly cleared of unfounded complaints as it is to uphold their obligation to respect the intellectual property rights of others.

In this respect, the attention of all exhibitors is drawn to Clause 36 of the conditions of participation, setting out rights and obligations of exhibitors at HKTDC exhibitions: 

 

42.1

The Exhibitor warrants that the exhibits and packages thereof and the Publicity Material or any other part of the display on the Stand do not in any way whatever violate or infringe any third party's rights including all intellectual property rights including but not limited to trade marks, copyright, designs, names, and patents whether registered or otherwise. The Exhibitor agrees to fully indemnify the Organiser and its agents, representatives, contractors and employees against all costs, expenses and damages arising from any third party's claim of infringements by the Exhibitor and/or the Organiser and/or the latter's agents, representatives, contractors or employees of such third party's rights.

 

42.2

The Exhibitor agrees that it shall comply with any "Exhibitors' Brief on the Protection of Intellectual Property Rights at TDC Exhibitions" ("Exhibitors' Brief") that the Organiser may issue from time to time, including abiding by any complaint procedures and penalties stated in the Exhibitors' Brief, whether as a complainant of infringement of intellectual property right or as a party subject to any such complaint. If the Exhibitor fails or refuses to abide by any of the terms and conditions of the Exhibitors' Brief, the Organiser shall have the sole and absolute discretion to ban the Exhibitor and any of its parent, associate, affiliated and/or subsidiary companies from any or all future TDC exhibitions and / or to further ban any representatives of the Exhibitor in question from entering the venue of the current TDC Exhibition in which the Exhibitor is participating.

 

42.3

If a complainant/an Exhibitor ("complainant") files a complaint with the Organiser in accordance with the Exhibitors' Brief and requests the Organiser to take action against an Exhibitor, the complainant agrees to hold the Organiser, its agents, representatives, contractors and employees (including but not limited to their legal advisors) harmless and to fully indemnify each and every one of them against any and all liabilities, losses, costs (including but not limited to legal costs), expenses and damages of any nature whatsoever incurred or suffered by any of them as a result of or however arising from any action that the Organiser, its agents, representatives, contractors or employees (including but not limited to their legal advisors) may take in reliance of or as result of such complaint filed by the complainant, or any other requests, directions or instructions made or given by the complainant pursuant to such complaint. The complainant further agrees not to take any legal action or make any claim or demand against the Organiser, its agents, representative, contractors or employees (including but not limited to their legal advisors) in relation to such complaint and the alleged infringement of intellectual property rights.

 

Procedures

 

1.

If you have any complaint involving infringement of your intellectual property rights, this should be reported to the Fair Management Office, where it will be handled by TDC Fair Officials and the Fair Legal Advisor engaged by TDC.

 

2.

If you receive a complaint at your booth, you should refer the complainant to the Fair Management Office.

 

3.

Both the documents attached to the Exhibitors' Brief and the Fair Legal Advisor on site will specify the kind of documents and other evidence necessary to support a complaint.

 

4.

If the Fair Legal Advisor is satisfied, on the basis of the documents provided, that the complaint’s intellectual property rights are valid and have been infringed by the display of the Exhibitors’ product or material in dispute at the Fair, a TDC Fair Official will visit the booth involved.

 

5.

As Fair Organizer, TDC has the power to immediately take at least 3 photographs of the product or any material in dispute.

 

6.

The exhibitor will be asked to remove the product or material in dispute immediately from display and not to trade in it for the remainder of the exhibition unless he/she can adduce evidence to show to the satisfaction of the Fair Legal Advisor that he/she has the right to deal in such product or material. He/she will also be required to sign an undertaking immediately to this effect. A copy of the signed undertaking and one copy of the photograph will be given to the complainant and the Exhibitor. A further copy of the signed undertaking together with one copy of the photograph will be retained by the TDC for its records.

 

7.

If the TDC is notified by the Customs and Excise Department that it is investigating possible violation of copyright and/or trademark by an Exhibitor at the Fair, the Exhibitor will be required to immediately remove the product or material which is under investigation for the remainder of the fair.

 

8.

If the exhibitor fails or refuses to co-operate with TDC under paragraphs 5 and/or 6 and/or 7 above, TDC shall have the power, in its sole and absolute discretion, to ban the Exhibitor, or any parent, associate, affiliated and / or subsidiary company, from any or all future TDC exhibitions.

 

9.

TDC staff will visit any booth in respect of which a complaint has been received and accepted by TDC's legal advisors, in order to reconfirm that the disputed product or material is no longer on display and is not being traded. If the Exhibitor is found to have breached its undertaking not to display or deal with the product or material in dispute during the remaining period of the Fair, TDC shall have the power, at its sole and absolute discretion, to immediately terminate the Exhibitors' right of participation in the Fair 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 or all future TDC exhibitions

 

Penalties

 

 

An exhibitor or any parent, associate, affiliated and / or subsidiary company may, in the sole and absolute discretion of the TDC, be banned from any or all future participation in TDC exhibitions if :

a. after TDC has received and accepted a complaint against the Exhibitor, the Exhibitor fails or refuses to:

- allow TDC to immediately take 3 photographs of the product or material in dispute;

- sign an undertaking immediately in favour of TDC in a form provided by TDC, indicating its decision whether to remove or continue to display the product or material in dispute;

OR

b. if the Exhibitor refuses to remove from display the product or material in dispute and a legal action brought against the Exhibitor in relation to the display of the product or material in dispute is upheld by a Court in Hong Kong, notwithstanding that the Exhibitor has signed an undertaking in favour of TDC and allowed TDC to take photographs of the product or material in dispute during the Fair;

OR

c. the Exhibitor removes the product or material in dispute immediately from display and signs an undertaking provided by TDC not to display or deal with any such item for the rest of the Fair period, but is subsequently found to be in breach of such an undertaking; in which case the TDC shall, in addition, be entitled to immediately terminate the Exhibitors' right of participation for the rest of the Fair period without refund of any participation fee already paid by the Exhibitor;

 

OR

d. there are two or more court rulings from a Court in Hong Kong against the Exhibitor confirming its infringement of intellectual property rights of the complainant(s) during two consecutive fair periods, notwithstanding that the Exhibitor has cooperated with TDC during the Fairs by removing the disputed product or material from display;

OR

e. Within two consecutive fair periods there are four or more valid complaints filed against the same exhibitor and which have been accepted by the Fair Legal Advisor:
-  by more than one complainant in respect of different intellectual property rights; or
-  by the same complainant in respect of different products or material items

OR

f.
the Exhibitor is accused or convicted of any criminal offence relating to infringement of intellectual property rights or violation of intellectual property-related laws and regulations.

 

Penalties for intellectual property-related criminal offences

Copyright Ordinance (Chapter 528 the Laws of Hong Kong)

It is a criminal offence to make or deal in articles that infringe copyright. The Copyright Ordinance sets out in detail the different activities that constitute criminal offences. A person who commits such a criminal offence is liable to a fine of HK$50,000 in respect of each infringing copy and to 4 years' imprisonment or a fine of HK$500,000 and 8 years' imprisonment depending on the type of infringing activity carried out.

Trade Descriptions Ordinance (Chapter 362 the Laws of Hong Kong)

Under the Trade Descriptions Ordinance, any person who:-

(i) applies a false trade description to any goods;
(ii) supplies or offers to supply any goods to which a false trade description is applied; or
(iii) has in his possession for sale, or for any purpose of trade or manufacture, any goods to which

a false trade description is applied commits a criminal offence.

Further, any person who forges any registered trade mark or falsely applies to any goods any trade mark so nearly resembling a registered trade mark as to be calculated to deceive also commits a criminal offence.

Any person who commits such an offence under the Trade Descriptions Ordinance may be liable -

(a) on conviction on indictment, to a fine of $500,000 and to imprisonment for 5 years; and
(b) on summary conviction, to a fine of $100,000 and to imprisonment for 2 years.

 

Documents Required as Evidence of Subsistence, Ownership and Infringement of Intellectual Property Rights

A.        Copyright

 

1.

date and place that the work was first made;

 

2.

name of author and name of owner of the work;

 

3.

original work or a certified copy of the original work e.g. design drawings, sketches;

 

4.

proof of ownership of the work. In the event the author of the works is an employee of the complainant, contract of employment;

 

5.

in the event the author of the works is not the complainant nor an employee of the complainant, copyright assignment evidencing assignment of copyright from author to complainant;

 

6.

invoice, shipping document or other documents evidencing the date of (i) first sale of the product or article to which the original copyright work relates or (ii) first publication of the relevant copyright work;

 

7.

alternatively, an affidavit of the copyright ownership pursuant to Section 121 of the copyright Ordinance.

B.

Trade Mark

 

1.

 

Original or certified copy of a valid Certificate of Registration of Trade Mark in Hong Kong including any renewal certificates or proof of renewal.

C.

Registered Design

 

1.

Original or certified copy of a valid Certificate of Registration of Design in Hong Kong including any renewal certificates or proof of renewal.

D.

Patent

 

1.

 

Original or certified copy of a valid Certificate of Grant of Patent in Hong Kong including any renewal certificates or proof of renewal.

 

2.

 

A written opinion from the complainant’s Hong Kong patent agent or legal advisor that the Hong Kong patent is valid and infringed by the display of the Exhibitor’s product or material in dispute during the Fair.

 

And any other evidence that the Legal Advisor may require depending on the specific facts of the case.

 

3.3 Sub-letting

 

You are strictly forbidden to sublet or otherwise share your Space or Stand to or with any third party.  Any Exhibitor found to be in breach of this sub-letting prohibition will be asked to immediately remove all illegitimate third party business cards, materials and exhibits (promotional or otherwise) from its Space or Stand at its own expenses and will also be banned from taking part in all the HKTDC trade fairs.

By way of clarification, an Exhibitor is ONLY permitted to:-

(i) promote, distribute or display exhibits, printed matters or graphic materials bearing its name or distribute name cards of its own employee; and
(ii) allow its own employee to solicit business for itself,
at its Space or Stand.

An Exhibitor may also
(i) promote, distribute or display exhibits, printed matters or graphic materials bearing the name of its wholly‑owned subsidiary or any third party company having a formal agreement with itself appointing the Exhibitor as agent or distributor of that third party company or
(ii) allow the employee of such subsidiary or third party company to solicit business for such subsidiary or third party company at its Space or Stand.  Please however be reminded that you MUST first obtain the prior written permission from us by applying in writing to us at least 3 months before the commencement of the Exhibition if you wish to conduct the said activities for your subsidiary or any such third party company.  We will expect to receive some form of documentation confirming the relationship between you and the relevant subsidiary or third party company before considering your application.

Our permission is given entirely at our sole and absolute discretion and our decision is final.  Please note that any Exhibitor found to be conducting the above activities for your subsidiary or any third party company without having obtained our prior written permission will be treated as "sub-letting" in contravention of the sub‑letting prohibition.  Please nonetheless be reminded that any of the above activities can only take place in relation to products which fall into the same product category zone as stated in the booth confirmation letter of the Exhibiton.

 

3.4 Display Relevant Exhibits

 

Exhibitors are reminded that they may only display exhibits which fall into the product category zone as stated in the booth confirmation letter of the Exhibition. If we find Exhibitors using less than 60% of their display area exhibiting the appropriate product under a designated product category zone, we have the right and will have no hesitation to ask the Exhibitor to immediately relocate and/or terminate its participation in the Exhibition, without any recourse on our part.

 

3.5 Exhibitor Badges, Vehicle Passes & Move-out Permits

 

All exhibitors and their staff are strictly requested to display conspicuously the official name badges at all times during move-in, move-out and throughout the Exhibition. Each exhibiting company will be given 8 exhibitor badges.  Additional badges can be requested by returning Form 7 to the Organiser on or before 7 Apr 2017. For general safety, exhibitors should pass the badges to their staff only.

For entry into the loading dock and cargo lifts, authorised vehicle passes issued by Hong Kong Convention & Exhibition Centre are required. The pass is for multiple use and is valid on move-in and move-out dates stipulated by the Organiser. The pass must be displayed on the widescreen of the vehicle.

 

No exhibit is allowed to be taken away from the venue during exhibition. Only during official move-out time will exhibitors be allowed to take exhibits out from the exhibiton halls upon presenting the move-out permit to the security guards. Exhibitors requiring any special assistance are requested to contact the Fair Management Office.

 

3.6 Exhibits

 

Under no circumstances will the Organiser be responsible for receiving or storing of any exhibit or stand material. Exhibitors are advised to appoint their staff to look after their own exhibits.

Exhibitors must not remove any of their exhibits on display from the booths until the exhibition is officially closed at 6pm on 20 May 2017.

 

3.7 Confidential Questionnaires

 

At the completion of the Exhibition, exhibitors are requested to provide information to the Organiser regarding their participation by completing the questionnaires. The information will not be disclosed to third parties without prior approval of the exhibitors concerned, with the exception of collective figures which may be released without prior consultation. Exhibitors must complete the questionnaires related to their participation.

The Organiser will collect these completed questionnaires in the afternoon of the last day,
i.e.  20 May 2017.

No exhibit is allowed to be taken away from the venue during exhibition.  Exhibitors requiring any special assistance are requested to contact the Fair Management Office.

 

3.8 Photographing & Video Shooting

 

No photography, filming, sound or video recording, telecasting and broadcasting will be allowed in the exhibition venue, unless approved by the Organiser in writing in advance.

 

3.9 Performance of Music at the Exhibition

 

Any musical performance, including the use of music recording for demonstration or as background music, requires the permission of:

(a)      The Composers and Authors Society of Hong Kong Ltd.
18/F., Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong
Tel: (852) 2846-3268             Fax: (852) 2846-3261

(b)     Phonographic Performance (South East Asia) Ltd. (For recorded music only)
Unit A, 18/F, Tower A, Billion Centre, No.1 Wang Kwong Road, Kowloon Bay, Kowloon.
Tel: (852) 2861-4318             Fax: (852) 2866-6869

(c)   Such other relevant bodies which are entitled to grant the relevant permission from time to time.

 

3.10 Sound Level / Loud Hailers

 

All audio / audio-visual equipment must generate a noise level which does not cause any annoyance or inconvenience to visitors or other exhibitors. The exhibitor has the responsibility to ensure that the demonstration sound level should not exceed 80 dB (A). The Organiser reserves the right to intervene and stop the demonstration immediately if the sound level causes undue annoyance, inconvenience or disturbances to other exhibitors and visitors. In this case the exhibitor shall not receive a refund or damage compensation from the Organiser. Exhibitors are responsible for supervising the actions of all visitors and employees operating audio / visual equipment located in their exhibit area.

 

3.11 Distribution of Promotional Materials

 

Promotional materials such as product catalogues and brochures can only be distributed by the exhibitors within their own booths. No exhibitors are permitted to distribute any publicity materials, souvenirs and the like in public areas of the exhibition venue.

 

3.12 Use of Booths

 

All booths must be properly manned, displayed and furnished with exhibits at all times during the Exhibition. Retail sales is subject to HKTDC’s prior approval.

 

3.13 Admission

 

The Organiser reserves the right to refuse admission to the Exhibition of any visitors, exhibitors or their agents who are at the absolute discretion of the Organiser regarded as unfit, intoxicated or in anyway likely to create disturbance or discomfort to the Exhibition, other exhibitors or visitors.

 

3.14 Insurance

 

The Organiser undertakes no financial or legal responsibility for any type of risk concerning or affecting the exhibitors/visitors, their personal belongings and exhibits.  Exhibitors are therefore responsible for taking out all necessary insurance to cover their exhibits, the stand fittings and fixtures, the venue and other third parties.

For exhibitors with precious exhibits, they are requested to take out insurance coverage and/or special security service at the exhibitors’ expense for overnight storage. Exhibitors requiring special assistance or advice should contact the Fair Management Office.

 

3.15 Loss and Theft

 

All property and goods, including without limitation all Publicity Material brought by Exhibitors into any part of the Exhibition Venue including, without limitation, Stands, Space and Raw Space are brought at the Exhibitor’s risk. The Organiser does not guarantee the safety and security of such property or goods and shall not in any way be liable or responsible for any theft, loss or damage thereof.  For the avoidance of doubt, the showcases, cabinets and other storage facilities as provided by the Organiser in any part of the Exhibition Venue including, without limitation, Stands, Space and Raw Space are for exhibition purposes only.  The Exhibitors are solely responsible for the safety and security of all their property or goods stored in such showcases, cabinets and storage facilities at all times. Please do not leave your personal belongings unattended.

 

3.16 Bills & Posters

 

The Organiser has the right to remove any bills or posters which in the opinion of the Organiser do not conform to the purpose and image of the Exhibition.

 

3.17 Code of Conduct for Participation in HKTDC Trade Fairs

 

Hong Kong prides itself as the trade fair capital of Asia-Pacific.  We offer both top quality exhibition infrastructure and proven expertise in staging trade event of all kinds.  In order to maintain our leading position in organising trade exhibitions and to build up a better image for these events, all exhibitors at HKTDC fairs are requested to abide by the following code of conduct.
         
Display Area
Exhibitors should confine their display within the prescribed booth area, so as not to jeopardize fire safety.

Packing boxes should be kept in the appropriate storage area.

 

Manning the Stand
1) Exhibitors should keep their stands in an orderly manner.
2) Packing boxes should be kept in the appropriate storage area.
3) Exhibits should be displayed in a professional manner compatible with the image of the fair.
4) Stands must be manned by authorised and competent knowledgeable staff at all times during the exhibition period. Exhibitors should not vacate their stands before the official move-out time on the last exhibition day unless special permission has been given by the Organiser.

 

General Behaviour
1) Exhibitors should always behave in a courteous and business-like manner throughout the exhibition.  They must pay due respect to visitors and other exhibitors.
2) Exhibitors should welcome all visitors to their stands.  Under no circumstance should they act in a discriminatory way or prevent certain visitors from approaching their stands.
3) Exhibitor badges are not transferable and should be worn or put on conspicuously at all times for security reasons.

 

Right to Privacy
Exhibitors are expected to respect the right of all other exhibitors. They are prohibited from entering other exhibitors’ booths unless they are being invited.

 

Food & Beverages
According to the regulations of the Hong Kong Convention & Exhibition Centre, outside food and beverages are not allowed to be taken into the exhibition venue. Exhibitors may have food and drinks at the Cafeteria inside the exhibition Halls or at the restaurants.

In order to maintain a clear and tidy exhibition area, consumption of food is not recommended in the booth.  Exhibitors and their staff may make use of certain specified rooms within the Exhibition Halls for consumption of their food.

 

Protection of Intellectual Property Rights

All exhibits and the packages thereof, publicity material or any other part of the display on the Exhibitor’s Stand must not violate or infringe any intellectual property rights including but not limited to trade marks, copyright, designs, names and patents, whether registered or otherwise.  Exhibitors are required to comply with the rules and complaint procedures as set out in the “Exhibitors’ Brief” on the Protection of Intellectual Property Rights at HKTDC Exhibitions” as issued by the Organiser.

 

3.18 Tropical Attack & Black Rainstorm Warning Signal

 

All exhibitors are requested to note the following emergency measures which will be implemented in case Tropical Signal No.8 and Black Rainstorm Warning Signal is hoisted during the HKTDC Entrepreneur Day.

 

Tropical Signal No.8 or Black Rainstorm Warning hoisted prior to the Opening Hours
                                                                           
1. In case of Tropical Signal No.8 or Black Rainstorm Warning Signal is hoisted on the move-in day, the Organiser will carry-on the move-in procedure under an acceptable weather condition.


2. If Tropical Signal No.8 or Black Rainstorm Warning Signal is hoisted before 8:30am during the fair day, the fair will remain closed for the whole day unless the Tropical Signal or Black Rainstorm Warning Signal is cancelled at or before 2:30pm.


3. If Tropical Signal No.8 or Black Rainstorm Warning Signal is cancelled at or before 2:30pm, the Exhibition will be re-opened two hours after the Tropical Signal No.8 or Black Rainstorm Warning Signal is cancelled. Exhibitors are reminded to re-deploy duty staff to man their stands before the Exhibition is re-opened to the public.


4. The Exhibition will however remain closed if the Tropical Signal No.8 or Black Rainstorm Warning Signal is cancelled after 2:30pm.


5. The Organiser will arrange to make an announcement through RTHK or exhibitors may call the following hotline should they wish to enquire about any matters concerning these special arrangement:    (852) 1830 668 (HKTDC customer hotline).

 

Tropical Signal No.8 hoisted during the Exhibition

  1. If Tropical Signal No.8 is announced during the Exhibition, the Exhibition will be closed two hours after the announcement. Exhibitors and visitors will be requested to leave the exhibition within two hours.

 

Black Rainstorm Warning Signal hoisted during the Exhibition

  1. If Black Rainstorm Warning Signal is announced during the Exhibition, the Exhibition will remain open after the announcement.  Exhibitors and visitors should be encouraged to stayin the exhibition halls for their own safety.

  2. Once Black Rainstorm Warning Signal is hoisted, new visitors will still be admitted.

 

3.19 Special Note on National Flag and National Emblem Ordinance and Regional Flag and Regional Emblem Ordinance

 

From 1 July 1997, The Hong Kong Special Administrative Region (HKSAR) has been established.  All commercial activities, including the TDC fairs, have to operate within the parameters of the legal framework. According to the Conditions of Participation, all exhibitors are required to observe the Hong Kong laws in force when conducting business at the fairground.

Your attention is drawn to some sections of some of the HKSAR ordinances which came into operation on 1 July 1997, which state :-

 

National Flag and National Emblem Ordinance (Ordinance No. 116 of 1997)


Section 4  Damaged national flag and national emblem not to be used

A national flag or a national emblem which is damaged, defiled, faded or substandard must not be displayed or used.


Section 5  Manufacture of national flag and national emblem regulated

3. ...The display or use of the national emblem in unusual dimensions is subject to the prior approval of the Central People's Government.


Section 6  Prohibition on certain uses of national flag and national emblem

1. The national flag or its design must not be displayed or used in --
a. trademarks or advertisements;
b. private funeral activities; or
c. other occasions on which or places at which the display or use of the national flag or its design is restricted or prohibited under a stipulation made by the Chief Executive.


2. The national emblem or its design must not be displayed or used in --
a. trademarks or advertisements;
b. furnishings or ornaments in everyday life;
c. private activities of celebration or condolence; or
d. other occasions on which or places at which the display or use of the national emblem or its design is restricted or prohibited under a stipulation made by the Chief Executive.


3. A person who without lawful authority or reasonable excuse displays or uses the national flag, national emblem or the design of the national flag or of the national emblem contrary to subsection (1) or (2) commits an offence.


Section 7  Protection of national flag and national emblem

A person who desecrated the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence.


Section 8  Copy of national flag or national emblem

A copy of the national flag or national emblem that is not an exact copy but that so closely resembles the national flag or national emblem as to lead to the belief that the copy in question is the national flag or national emblem is taken to be the national flag or national emblem for the purposes of this Ordinance.

 

Regional Flag and Regional Emblem Ordinance (Ordinance No. 117 of 1997)

Similar provisions in relation to the regional flag and regional emblem are continued in:

Section 4  Damaged regional flag and regional emblem not to be used
Section 6  Prohibition on certain uses of the regional flag and regional emblem
Section 7  Protection of the regional flag and regional emblem

Section 8  Copy of the regional flag or the regional emblem

 

3.20 Waste Reduction and Recovery Measures

 

To protect our environment, the following guidelines on Waste Reduction and Recovery are recommended:

Waste Avoidance and Minimization
a. Setting up of exhibition booth
Use re-erectable booth to reduce the amount of waste generated.

b. Selection of decoration material
Use environmentally-friendly materials (e.g. recycled materials).

c. Production of publicity materials

  • Print publicity materials on recycled paper.
  • Minimize the number of publicity materials printed.

d. Distribution of bags
When distribution of bags is necessary, use re-usable bags or bio-degradable bags instead of plastic bags.

Waste Reuse and Recycling
a. Reuse
Collect unused publicity items, decoration materials, admission badge holders etc for reuse or recycling.
b. Recycling
Put recyclable materials including waste paper, plastic bottles and aluminium cans into the waste separation bins provided by the event organiser.

 

3.21 Caution on Third Party Promotional Offers

 

The Hong Kong Trade Development Council (HKTDC) has learnt that exhibitors have been receiving invitations from Fair Guide (owned by Construct Data) for listings in its guide at the exhibitors' expense. It has also come to HKTDC’s attention that other companies under the name Expo Guide (owned by Commercial Online Manuals S de RL de CV (“Commercial Online Manuals”)), Event Fair, AVRON and International Fairs Directory have sent similar invitations to exhibitors inviting them to update or correct their data with its fair directory for free listing. The HKTDC would like to stress that the Fair Guide, the Expo Guide, the Event Fair, the AVRON and the International Fairs Directory has NO CONNECTION with the HKTDC or any of our fairs.

UFI, an international organization which represents the interests of the exhibition industry worldwide has been warning the exhibition industry to be vigilant against Fair Guide, Expo Guide, Construct Data, Commercial Online Manuals and other similar guides and organisations such as Event Fair, AVRON and International Fairs Directory. UFI has also reported that debt collection agencies work in partnership with these guides to intimidate exhibitors for payment. The practice of Construct Data has been considered as unconscionable and misleading by the Austrian Protective Association. Recent information suggests that Construct Data & Event Fair have shifted its operation from Austria to Mexico and/or Slovakia. It should be noted that the contents and wording of Fair Guide’s and Expo Guide’s letter and order form are virtually identical. It is possible that Construct Data, Commercial Online Manuals, Event Fair, AVRON and International Fairs Directory are related companies or are in some way connected. You should therefore exercise due diligence and care when being approached for such invitations so as to avoid possible unwarranted and/or unnecessary financial commitments.

In order to protect your own interests, you are urged to read the contracts (including the small print) and attachments carefully, as well as seeking legal advice, before signing any such documents. The HKTDC does not recommend that you sign any materials that you receive from Construct Data, and/or Commercial Online Manuals and/or Event Fair, and/or AVRON, and/or International Fairs Directory. If you have mistakenly entered into contract with Construct Data and/or Commercial Online Manuals and/or Event Fair and/or AVRON, and/or International Fairs Directory, you should notify Construct Data and/or Commercial Online Manuals and/or Event Fair and/or AVRON, and/or International Fairs Directory in writing and inform them that you dispute the validity of the contract on the basis of mistake and/or misrepresentation. You should take legal advice as to how to respond to any demands for payment that you might receive. For more information about UFI’s action against Fair Guide, Expo Guide, Construct Data, AVRON and International Fairs Directory, please visit http://www.ufi.org/industry-resources/warning-construct-data/

 

3.22 Smoke-Free Policy

 

Health and Comfort Come First at Smoke-Free HKCEC

From 1st January 2006, the Hong Kong Convention and Exhibition Centre will become a smoke-free venue. This is in line with best international practices and the wishes of visitors and event participants. It also reflects the venue manager's commitment to providing a comfortable, health-conscious environment at this world-class facility.