The aim of these articles is to keep our Clients and Associates updated about developments in the sector of Intellectual Property in general and our firm in particular. In this way, we wish to provide a broader view of the tools that the field of trade marks, domain names, patents, designs and related rights offers to entrepreneurs to enhance and protect their efforts in researching and developing new solutions and ideas.
Trade Fairs and Exhibitions: How to Safeguard Innovation and Mitigate Risks
Participating in trade fairs and exhibitions offers a valuable opportunity for entrepreneurs to grow their business and showcase their innovations. However, disclosing an invention too early during these events can jeopardize its patentability. To be eligible for patent protection, an invention must be novel, inventive, and industrially applicable. Premature disclosure at a fair, if not properly managed, can strip the invention of its novelty - making patent protection impossible.
To avoid this risk, it is crucial to file a patent application before any public disclosure. If early filing is not feasible, companies should present their invention in a way that conceals its innovative aspects.
For businesses with an existing patent portfolio, it is advisable to review relevant patents and pending applications before attending a fair, to ensure the scope of protection covers the innovations on display. If the product incorporates improvements over a previous patent, a new application targeting those improvements should ideally be filed prior to disclosure.
Trade fairs also present a unique opportunity to protect intellectual property by collecting evidence of potential infringement. Some events provide self-regulatory mechanisms - swift procedures to identify and remove infringing content. These tools enable rapid response, avoiding lengthy and costly litigation. If legal action becomes necessary after the event, options include cease-and-desist letters, interim measures, injunction orders, seizures, and withdrawals from the market. Gathering clear documentation - such as dated photographs, eyewitness accounts, and promotional materials with a certain date - can significantly strengthen your legal position.
Another key consideration is to assess the intellectual property rights of competitors. Before exhibiting, it is strongly recommended to perform a Freedom to Operate (FTO) analysis to avoid infringing third-party rights. While ideally conducted during the product development phase, an FTO review remains valuable even shortly before a trade fair. The consequences of patent infringement can be severe, including claims for damages or injunctions halting product commercialization.
Among the many notable cases where trade fair disclosures played a critical role in patent disputes, one example is worth highlighting. In ruling no. 870/2024 dated March 15, 2024, the Court of Venice dismissed a claim against a machine tool company accused of infringing a competitor’s patent on an electromechanical component. The court found that the allegedly infringing component had already been publicly disclosed by the accused company at a trade fair before the competitor filed their patent application. The key factor? The accused company was able to prove prior disclosure through witness testimony and photographic evidence.
Effectively managing intellectual property at trade shows requires a well-defined, proactive strategy - including careful attention to product communication and presentation. With the right preparation, companies can fully capitalize on the opportunities offered by exhibitions, while safeguarding their innovations and supporting sustainable business growth.