The Olympic logo was originally designed according to Coubertin's proposal in 19 13. At first, the International Olympic Committee used blue, yellow, black, green and red as the colors of the five rings, because it could represent the colors of the national flags of IOC member countries at that time.
19 14 at the Olympic plenary meeting held in Paris to celebrate the 20th anniversary of the revival of the Olympic Games, Mr. Coubertin expounded his design concept of the logo: "The five rings-blue, yellow, green, red and black rings-symbolize the five continents in the world that recognize the Olympic movement and are ready to participate in the Olympic Games, and the sixth color is white-the background color of the national flag, which means all countries. Therefore, the five rings, as the symbol of the Olympic Games, embody Coubertin's thought that colonial nationalities can be absorbed to participate in the Olympic Games and serve the peace cause of all ethnic groups.
From the 7th Antwerp Olympic Games 1920, the blue, yellow, black, green and red in the five rings have become the symbols of five continents, representing Europe, Asia, Africa, Australia and America respectively.
With the passage of time and the development of the Olympic movement, the interpretation of the Olympic symbol has also changed. According to the supplementary explanation of 199 1 the latest edition of the Olympic Charter, the meaning of the Olympic flag and the five rings not only symbolizes the unity of the five continents, but also emphasizes that all participating athletes should meet each other in a fair and frank sportsmanship.
According to the Olympic Charter, the Olympic symbol is a symbol of the Olympic movement and a special symbol of the International Olympic Committee. Without the permission of the IOC, no group or individual may use it for advertising or other commercial activities. The IOC also requires all countries to take necessary measures to protect the Olympic symbols, so as to ensure the authority of the Olympic movement and avoid the abuse of the Olympic symbols.
Regulations on the protection of Olympic symbols
[Promulgated on] April 0, 20021
[Implementation Date] April 0, 20021
[Promulgator] Trademark Office of the State Administration for Industry and Commerce
Article 1 These Regulations are formulated in order to strengthen the protection of the Olympic symbols, safeguard the legitimate rights and interests of the owners of the Olympic symbols and safeguard the dignity of the Olympic movement.
Article 2 The Olympic symbols mentioned in these Regulations refer to:
(1) Olympic five-ring symbol, Olympic flag, Olympic motto, Olympic emblem and Olympic anthem of the International Olympic Committee;
(2) Proprietary names such as Olympics, Olympia and Olympic Games and their abbreviations;
(3) The name, emblem and logo of the Chinese Olympic Committee;
(four) the name, emblem and logo of the Beijing 2008 Olympic bid committee;
(5) The name and emblem of the organizing committee of the 29th Olympic Games, the mascot, anthem and slogan of the 29th Olympic Games, and the symbols and abbreviations of "Beijing 2008" and the 29th Olympic Games;
(6) Other signs related to the 29th Olympic Games stipulated in the contract of the host city of the 29th Olympic Games in the Olympic Charter.
Article 3 The rights holders of Olympic symbols mentioned in these Regulations refer to the International Olympic Committee, the Chinese Olympic Committee and the Organizing Committee of the 29th Olympic Games.
The division of rights among the IOC, the Chinese Olympic Committee and the Organizing Committee of the 29th Olympic Games shall be determined according to the Olympic Charter and the host city contract of the 29th Olympic Games.
Article 4 The right holder of the Olympic symbol shall enjoy the exclusive right to the Olympic symbol in accordance with these regulations.
Without the permission of the owner of the Olympic symbol, no one may use the Olympic symbol for commercial purposes (including potential commercial purposes, the same below).
Article 5 The term "commercial purpose" as mentioned in these Regulations refers to the use of the Olympic symbols for the purpose of making profits in the following ways:
(a) the use of Olympic symbols in commodities, commodity packages or containers and commodity trading documents;
(two) the use of Olympic symbols in service projects;
(3) using the Olympic symbols in advertisements, commercial exhibitions, commercial performances and other commercial activities;
(4) selling, importing and exporting commodities with Olympic symbols;
(5) manufacturing or selling Olympic symbols;
(six) other acts that may make people think that there is a sponsorship or other support relationship between the actor and the right holder of the Olympic symbol and use the Olympic symbol;
Article 6 The administrative department for industry and commerce of the State Council shall be responsible for the protection of Olympic symbols throughout the country in accordance with the provisions of these Regulations.
The local administrative departments for industry and commerce at or above the county level shall be responsible for the protection of Olympic symbols within their respective administrative areas in accordance with the provisions of these regulations.
Article 7 The right holder of the Olympic symbol shall report the Olympic symbol to the administrative department for industry and commerce of the State Council for the record, and the administrative department for industry and commerce of the State Council shall make an announcement.
Article 8 Whoever obtains the permission of the right holder of the Olympic symbol to use the Olympic symbol for commercial purposes shall sign a license contract with the right holder of the Olympic symbol. Among them, those who use the Olympic symbols specified in Items (1) and (2) of Article 2 of these Regulations shall conclude a contract with the International Olympic Committee and its authorized or recognized institutions; Anyone who uses the Olympic symbols specified in Item (3) of Article 2 of these Regulations shall sign a contract with the Chinese Olympic Committee; Anyone who uses the Olympic symbols specified in Item (4), Item (5) and Item (6) of Article 2 of these Regulations shall conclude a contract with the Organizing Committee of the 29th Olympic Games before June 65438+February 3, 2008. The right holder of the Olympic symbol shall report the license contract to the administrative department for industry and commerce of the State Council for the record.
If a licensing contract is concluded in accordance with the provisions of the preceding paragraph, the licensee can only use the Olympic symbols within the geographical scope and time limit stipulated in the contract.
Article 9 Those who have used the Olympic symbols according to law before the implementation of these Regulations may continue to use them within the original scope.
Article 10 Using the Olympic symbol for commercial purposes without the permission of the owner of the Olympic symbol is an infringement of the exclusive rights of the Olympic symbol, and the disputes arising therefrom shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the right holder or interested party of the Olympic symbol may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. If the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods or manufacturing the Olympic symbols for commercial purposes without authorization. If there is illegal income, the illegal income shall be confiscated and a fine of less than five times the illegal income may be imposed; If there is no illegal income, a fine of not more than 50,000 yuan may be imposed. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. At the request of the parties, the administrative department for industry and commerce may mediate the amount of compensation for infringement of the exclusive rights of the Olympic symbols; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Whoever uses the Olympic symbols to engage in fraud and other activities and violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on fraud or other crimes.
Article 11 The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive rights of Olympic symbols according to law.
The administrative department for industry and commerce may exercise the following functions and powers when investigating and dealing with acts suspected of infringing the exclusive rights of the Olympic symbols according to the obtained illegal evidence or reports:
(a) ask the parties concerned and investigate the situation related to the violation of the Olympic symbols;
(2) consulting and copying contracts, invoices, account books and other relevant materials related to infringement activities;
(three) to conduct on-site inspection of the places where the parties are suspected of infringing the exclusive rights of the Olympic symbols;
(4) Examining articles related to infringement activities; Articles that have evidence to prove that the exclusive rights of the Olympic symbols have been infringed shall be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Article 12 The customs shall investigate and deal with the import and export goods suspected of infringing the exclusive rights of the Olympic symbols with reference to the powers and procedures stipulated in the Customs Law of People's Republic of China (PRC) and the Regulations of People's Republic of China (PRC) on Customs Protection of Intellectual Property Rights.
Article 13 The amount of compensation for infringement of the exclusive rights of Olympic symbols shall be determined according to the losses suffered by the obligee or the benefits obtained by the infringer, including the reasonable expenses paid to stop the infringement; If it is difficult to determine the loss of the infringer or the interests of the infringer, it shall be reasonably determined with reference to the license fee of the Olympic symbol.
Selling goods that you don't know are infringing on the exclusive right to use the Olympic symbol, and can prove that the goods are legally obtained by yourself and explain the supplier, you will not be liable for compensation.
Article 14 The Olympic symbols shall be protected in accordance with the Copyright Law of People's Republic of China (PRC), the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC) and the Regulations on the Administration of Special Signs.
Article 15 These Regulations shall come into force on April 1 2002.