Two April 1, 2002
In order to strengthen the first of the Olympic logo on the protection, rights protection of the Olympic logo of the legitimate rights and interests and safeguard the dignity of the Olympic movement, the enactment of this Ordinance.
The second of these regulations Olympic logo means :
(1) The International Olympic Committee's Olympic logo signs, the Olympic flag, the Olympic motto of the Olympic emblem, the Olympic theme song;
(2) Olympic, Olympia, the Olympic Games and its short title proprietary name;
(3) The Chinese Olympic Committee of the name, emblem, logo;
(4) Beijing 2008 Olympic Games Bid Committee of the name, emblem, logo;
(5) the 29th Olympic Games Organizing Committee of the name, emblem, the 29th Olympic mascot, songs, slogans, "Beijing 2008", the 29th Olympic Games and referred to the mark;
(6) "Olympic Charter", "the 29th Olympic Games host city contract" with the other provisions of the 29th Olympic Games-related signs.
The third of this alleged right of the Olympic logo, is the International Olympic Committee, the Chinese Olympic Committee and the 29th Olympic Games Organization Committee.
The International Olympic Committee and the Chinese Olympic Committee and the 29th Olympic Games Organizing Committee demarcation between the rights, in accordance with the "Olympic Charter," and "29th Olympic Games host city contract" to determine.
The fourth of the Olympic logo rights pursuant to the regulations of the Olympic logo enjoy exclusive right.
Olympic logo without permission of the rights, no person shall for commercial purposes (including potential commercial purposes, the same below) the use of the Olympic logo.
The 5th of this Ordinance as a commercial purpose, is to profit, in the following ways to use the Olympic logo :
(1) for the Olympic logo merchandise, goods or packaging containers and commodity trading instruments;
(2) Olympic logo for service projects;
(3) the Olympic logo for advertising, commercial exhibitions, business performance and other business activities;
(4) sales, imports, exports contain Olympic logo merchandise;
(5) The creation of the Olympic logo or sales;
(6) may give the impression that the perpetrator and the right of the Olympic logo are among sponsorship or other support between the use of the Olympic logo and other acts;
The sixth of the State Council, the industrial and commercial administration departments pursuant to this Ordinance, is responsible for the protection of Olympic symbols.
Level local industrial and commercial administrative departments pursuant to this Ordinance, in charge of the administrative division of the Olympic logo protection.
The seventh of the human rights of the Olympic logo should be reported to the State Council Olympic logo industrial and commercial administration departments for the record, the State Council's notice of industrial and commercial administration departments.
The eighth of the right to make the Olympic logo permission for commercial purposes using the Olympic logos, with the Olympic logo should be the right person to enter into licensing contracts. Among them, the use of the section 2 (a), (b) the Olympic logo, it should be with the International Olympic Committee and its authorized or approved by the body to contract; The use of the section 2 (3) of the Olympic logo, which should be the same States Olympic Committee to contract; the use of the section 2 (4), (5), (6), the Olympic symbol, in December 31, 2008 prior to, it should be with the 29th Olympic Games Organizing Committee to contract. Olympic logo should be the right person to contract permitting the use of the State Council for the industrial and commercial administration departments for the record.
Shall be made to the license contract, the licensee, only the contractual agreement geographical scope, duration use of the Olympic logo.
Article 9 of the Ordinance before the promulgation of the law to use the Olympic logo, the original scope continue to be used.
The 10th Olympic logo without permission of the rights for commercial purposes unauthorized use of Olympic symbols, signs exclusive rights violations Olympic, the dispute caused by the parties concerned to resolve; Unwillingness or failure of the Olympic logo or interested party rights to the people of France hospital sued, and may also ask the industrial and commercial administration departments. The industrial and commercial administration departments, the establishment of the identified violations, ordered an immediate halt to such violations, confiscation, the destruction of infringing goods and expertise used in the manufacture of infringing goods for commercial purposes or the unauthorized manufacture of tools Olympic symbol, the illegal income, confiscation of illicit proceeds, in addition to breaching France five times from a fine; no illegal gain, will be sentenced to 50,000 in fines. Client unconvinced by the decision, since the receipt of the notification within 15 days in accordance with the "PRC Administrative Procedure Law," to the people's court to institute legal proceedings; Infringer expiry not to prosecute did not fulfill the industrial and commercial administration departments can apply for the enforcement of the people's court. For the industrial and commercial administration departments at the request of the parties concerned, the Olympic logo on the exclusive rights violations amount of compensation for mediation; Mediation, the parties may, in accordance with the "PRC Civil Procedure Law," to file lawsuits.
To use the Olympic logo for activities such as fraud, breach of the criminal law in accordance with the criminal law on fraud and other crimes, to be held criminally responsible.
Article 11 of violations of the Olympic logo exclusive rights, the industrial and commercial administration departments to investigate in accordance with the law.
Industry and commerce administration departments have made under the law of evidence or suspects to report suspected violations of the Olympic logo of the exclusive right to investigate, they can exercise the following powers and functions :
(1) asked the parties concerned to investigate violations of the Olympic logo;
(2) inspection and copying and infringement activities related to the contracts, invoices, books and other relevant information;
(3) the parties for alleged violations of the Olympic logo of the exclusive right to institute on-site inspection;
(4) Inspection and infringement activities related items; There is evidence of a violation of the exclusive right of the Olympic logo items to be seized or impounded.
Industry and commerce administration departments to exercise the functions mentioned in the preceding paragraph, should be to help the parties to meet, and may not refuse to obstruct.
Article 12 of the import and export of goods suspected of violating the exclusive right of the Olympic logo, the customs reference to the "People's Republic of China Customs Law" and the "People's Republic of China on Customs Protection of Intellectual Property Rights Ordinance," the authority and procedures investigation.
Article 13 violations of the Olympic logo exclusive of the amount of compensation, according to human rights violations due to the losses incurred by the infringer, or because of the infringement of interests was determined to stop the violations, including payment of reasonable expenses; The infringement of the loss or the infringer was difficult to determine the interests of the light the permission to use the Olympic logo to determine reasonable charges.
Sales do not know is a violation of the exclusive right of the Olympic logo merchandise, can prove that the item was lawfully obtained and state providers, is not liable.
Article 14 of the Olympic logo in accordance with the Ordinance to be protected, but also in accordance with the "PRC Copyright Law," "The People's Republic of China Trademark Law", "Patent Law of the PRC", "special signs Management Ordinance" and other laws and administrative regulations, regulations will be protected.
Article 15 of the Ordinance since April 1, 2002 has come into effect. |
