Regulations on the protection of Olympic symbols

Article 1 These Regulations are formulated in order to strengthen the protection of Olympic symbols, safeguard the legitimate rights and interests of holders of Olympic symbols and promote the development 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 organization applying for hosting the Olympic Games in China;

(five) the name of the Olympic Games held in China and its abbreviation, mascot, anthem, torch shape, slogan, "host city name+host year" and other signs, as well as the name and emblem of its organization;

(6) Other signs related to the Olympic Games to be held in China as stipulated in the Olympic Charter and the contract of the host city of the Olympic Games.

Article 3 The rights holders of Olympic symbols as mentioned in these Regulations refer to the International Olympic Committee, the Chinese Olympic Committee, organizations applying for hosting the Olympic Games in China and organizations hosting the Olympic Games in China.

The division of rights between the IOC, the Chinese Olympic Committee, the organization applying for hosting the Olympic Games in China and the organization hosting the Olympic Games in China shall be determined according to the Olympic Charter and the relevant contracts of the host city of the 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.

Article 5 The term "commercial use" as mentioned in these Regulations refers to the use of the Olympic symbols for profit by 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;

(6) Other acts of profiting from the Olympic symbols.

Article 6 In addition to the provisions of Article 5 of these Regulations, if activities are carried out by using elements related to the Olympic Movement, which is enough to make people mistakenly think that there is sponsorship or other support relationship with the right holders of Olympic symbols, which constitutes unfair competition, it shall be dealt with in accordance with the Law of People's Republic of China (PRC) on Anti-Unfair Competition.

Article 7 The the State Council Municipal Market Supervision and Management Department and the Intellectual Property Department shall be responsible for the protection of Olympic symbols throughout the country in accordance with the provisions of these Regulations.

Local market supervision and management departments 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 8 The owner of the Olympic symbol shall submit the Olympic symbol to the intellectual property department of the State Council, and the intellectual property department of the State Council shall make an announcement.

Article 9 The period of validity of the Olympic symbol is 10 years, counting from the date of announcement.

The right holder of the Olympic symbol can go through the renewal procedures within 12 months before the expiration of the validity period, and the validity period of each renewal is 10 years, counting from the day after the expiration of the last Olympic symbol. The competent intellectual property department of the State Council shall announce the renewal of the Olympic symbol.

Article 10 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. The right holder of the Olympic symbol shall promptly disclose the information such as the type, licensee, licensed goods or services, time limit and geographical scope of the Olympic symbol.

The licensee shall use the Olympic symbols within the categories, licensed goods or services, time limit and geographical scope agreed in the licensing contract.

Article 11 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 12. If the Olympic symbols are used for commercial purposes without the permission of the owner, or similar symbols that may mislead people are used, that is, the exclusive rights of the Olympic symbols are infringed and disputes are caused, the parties concerned shall settle them 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 market supervision and management department to handle it. When the market supervision and management department finds that the infringement is established, it shall order it to stop immediately, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods or make the Olympic symbols for commercial purposes without authorization. If the illegal business amount is more than 50,000 yuan, a fine of less than 5 times the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. If a party refuses to accept it, it may apply for administrative reconsideration in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC), or bring a lawsuit directly to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China. At the request of the parties concerned, the market supervision and management department handling the matter 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).

Anyone who uses the Olympic symbols to cheat and other activities, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Thirteenth violations of the exclusive rights of Olympic symbols, the market supervision and management departments have the right to investigate and deal with according to law.

The market supervision and management department 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 infringement of the exclusive rights 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 market supervision and management department exercises the functions and powers stipulated in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.

Article 14 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 15 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 gained 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 16 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 17 The protection of relevant symbols of Paralympic Games shall be implemented with reference to these regulations.

Article 18 These Regulations shall come into force on July 3, 20654381day.

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