Rule of law escorts snow and ice | Declassify intellectual property protection work of winter Olympics

2022-05-22 0 By

At present, various events of the Beijing Winter Olympic Games are in full swing.Prior to this, the ipr protection work of the Beijing Winter Olympic Games has been fully started.According to the Special Action plan on ipr protection for the Olympic symbols for the Beijing 2022 Winter Olympic and Paralympic Games, administrative forces will be fully deployed to comprehensively strengthen ipr protection for the Olympic symbols from January to March 2022.We will strengthen supervision and inspection, and have “zero tolerance” for infringement of the intellectual property rights of Olympic symbols.Intellectual property rights, as intangible assets, play a core role in promoting the development of the sports industry, several experts on intellectual property law said in an interview with Legal Daily.China’s achievements in administrative law enforcement in protecting the Olympic symbols have been fully recognized by the Ioc and widely praised by public opinion.The IPR work of the Beijing Winter Olympic Games Organizing Committee is more detailed, precise and targeted.”Bocog and BOCOG attach great importance to the acquisition, use, management, protection and transfer of intellectual property rights, which have been widely praised by public opinion and all sectors of society at home and abroad.”Beijing Winter Olympics organizing committee legal affairs special hired expert Liu Yan told reporters.Liu Yan once served as the director of the Policy and Regulations Department of the General Administration of Sport of China. He participated in Beijing’s bid for the Summer Olympic Games twice and the Winter Olympic Games once, and was known as the “veteran employee” of the bid for the Olympic Games three times.According to him, boCOG’s experience and achievements in ipr work are an important part of the Beijing Olympic legacy.These experiences and achievements include: obtaining intellectual property rights through legal documents;Develop and implement protection plans;Timely contact or send personnel to (or entrust an agency to contact or send personnel to) the competent authorities at home and abroad (or at home and abroad) to handle registration, registration, filing or other procedures according to law;Understanding, support and guidance on the legal use of BOCOG’s intellectual property rights for non-commercial purposes by all sectors of society;Allow sponsors limited use of BOCOG’s intellectual property for commercial purposes;The use of BOCOG’s intellectual property rights for commercial purposes by organizations other than sponsoring organizations is not allowed;For Olympic intellectual property rights and Beijing Paralympic Intellectual property rights, commercial use and non-commercial use are not allowed to mix and interweave.”In addition, it also includes assisting domestic administrative law enforcement agencies at all levels to investigate thousands of infringement cases in accordance with the law;The Rights and Interests Protection Department of the Legal Affairs Department will be set up, and the mobile rights and interests protection and infringement investigation team will be formed by boCOG staff before the Games.Prompt the relevant departments of the OCOG to enhance the awareness of intellectual property protection;In case of disputes over intellectual property rights, it is necessary to adhere to principles, pay attention to tactics and promptly handle them according to law.To obtain the support and authorization of the Ioc and IPC;After the closing of the Beijing Olympic Games, the ipr will be handed over to the IOC, and the procedures for the transfer of the Olympic logo and the protection mechanism of the Olympic IPR after the Closing of the Beijing Olympic Games will be negotiated with market regulators, customs and the Chinese Olympic Committee.”Cloud-l said.As early as 2003, the Patent Office of the State Intellectual Property Office formulated and implemented the Regulations on the Examination of Design Patent Applications involving the Olympic Logo.Liu yan said that the Beijing Winter Olympics Organizing Committee (BOCOG) is now doing more detailed, precise and targeted ipr protection work.If the Olympic logo needs to be commercial should be signed with the right to license the contract which belong to the Winter Olympic intellectual property rights?How to protect it?Who is the right holder?Who can use it?According to associate professor at east China university of political science and law Chen Shaoling introduction, according to the regulations on the protection of the Olympic logo (hereinafter referred to as the regulations), the holder of the Olympic symbols, refers to the international Olympic committee, Chinese Olympic committee and host the Olympic Games in China to apply for the organization, the organization of the Olympic Games held in China.There are three owners of the intellectual property rights of the Winter Olympic Games, namely, the International Olympic Committee, the Chinese Olympic Committee, and the Organizing Committee of the Winter Olympic and Paralympic Games of China.’Olympic symbols include the emblem, mascots, sports ICONS, torches and slogans,’ said Liu Yizhou, head of the copyright and trademark litigation department of Shanghai Huacheng Law Firm.According to the Regulations, during the period of validity of the Olympic mark, only the right holder and the authorized person of the Olympic mark may use the Olympic mark commercially.Anyone who wishes to use the Olympic symbols must obtain permission from the owner of the Olympic symbols, and anyone who uses the Olympic symbols for commercial purposes shall conclude a contract for permission to use the Olympic symbols with the owner of the Olympic symbols.Generally speaking, sponsor companies at all levels of the IOC, IPC and BOCOG have the right to carry out marketing and advertising activities related to the Winter Olympic Games.According to the different level of sponsorship, the scope of rights and interests enjoyed by the relevant sponsor is also different.In related sponsorship agreements, the IOC also imposes restrictions on the types of products or services used by the sponsoring company, and the duration of use.”It is important to note that in the case of popular products associated with the Olympic Games, only licensed manufacturers and licensed sellers authorized by the OCOG have the right to design, produce and sell products bearing the Olympic and Paralympic Games emblems, mascots and related rights and interests.The list of licensed manufacturers, retailers and retail outlets is also published on the OFFICIAL website of the Organizing Committee for the Olympic Games, so consumers can pay attention during the purchase process.”Liu yizhou said.Mr. Liu said other for-profit businesses are not allowed to use Olympics-related symbols.Even non-profit legal persons or organizations wishing to use the Olympic logo for non-commercial purposes must apply to boCOG as required and submit a non-commercial use pledge.”The Olympic logo is not a trademark, but is the object of special legislative protection under the Regulations.There is an approved class of goods or services for trademarks, but there is no approved class of goods or services for the Olympic logo, which has full protection.”Chen Shaoling reminds way.In the government Information Disclosure column of the official website of the National Intellectual Property Office and the column of the official website of the Beijing 2022 Winter Olympic Organizing Committee, you can check the license and authorization information of the sponsoring enterprises of the Beijing 2022 Winter Olympic And Paralympic Games.In addition, information such as types of Olympic symbols, licensees, goods or services permitted to be used, time limit and geographical scope will be clarified.During the bidding process for the Beijing 2022 Winter Olympics and Paralympics, the Chinese government promised the International Olympic Committee (IOC) and the International Paralympic Committee (IPC) to protect Olympics-related intellectual property rights.What behavior will involve winter Olympics intellectual property infringement?Infringement of the exclusive rights of the Olympic symbols is illegal use of the Olympic symbols for commercial purposes, which is prohibited by the Regulations and must be dealt with in accordance with the law, Liu said.For example, if the logo, mascot or five Olympic rings of the Beijing Olympic Games are printed on the packaging of commodities, and the words “Olympic Games” or “Beijing 2022” are used in the advertisements of enterprises, commodities and services without the permission of the right holder, it is an infringement.Liu yan pointed out that if a non-sponsor company does not get permission from the owner of the Olympic logo when it co-hosts commercial activities and uses the Olympic logo, its infringement will be investigated in accordance with the law.Liu cited common violations of Olympic intellectual property rights by companies not sponsoring the Winter Olympics as examples: the distribution of short videos with Winter Olympics elements;The use of winter Olympics logos on posters;Winter Olympic athletes as its spokespersons, while using winter Olympic-related elements in the endorsement activities;Manufacturing and selling goods with fake Olympic Winter Games symbols;Squatting the winter Olympic Games related slogans, logos, etc.A number of brands have recently faced administrative penalties for riding the heat of the Winter Olympics.For example, douban’s affiliated companies were punished by the market supervision and administration department for using the Olympic logo for publicity;Other operators have also been punished for improper use of propaganda articles or social media.Chen Shaoling believes that the typical infringement includes two types: unauthorized use of the Olympic logo of the Winter Olympic Games, causing the public to misunderstand that there is a sponsorship or other support relationship between the user and the right owner of the Olympic logo, which can constitute unfair competition;Unauthorized transmission of the Winter Olympic Games by means of rebroadcasting, recording and broadcasting may also constitute unfair competition or copyright infringement.About RSS problems, according to the international Olympic committee related authorization, the central radio and television reception desk has the winter Olympics in mainland China (including macau) authorized right to the exclusive media rights and points, China mobile Migu, tencent, quickly, the Beijing games are documentary channel, Shanghai five-star sports channel, guangdong sports channel for the broadcast of the winter Olympics games.No other organization or individual has the right to broadcast winter Olympic events.”For personal enjoyment, spectators are allowed to take photos and video of Olympic events.However, audiences are not allowed to broadcast the contents of their videos for commercial purposes, and they are not allowed to use live broadcasting platforms or other Internet platforms to broadcast relevant events.”If viewers broadcast or live broadcast the content of the Winter Olympics by themselves, the right holder has the right to notify relevant media platforms to remove the infringing content, and also has the right to file a civil lawsuit.”Liu yizhou said.Liu yan said that since the establishment of the State Administration for Market Regulation and the reestablishment of the State Intellectual Property Office in 2018, violations of the exclusive rights of the Olympic symbols have mainly depended on the administrative enforcement of the regulations by the market supervision authorities.According to Article 14 of the Regulations, any import or export goods suspected of infringing the exclusive rights of Olympic symbols shall be investigated and dealt with by the customs in accordance with the law.”China’s achievements in administrative law enforcement to protect the Olympic symbols have been fully recognized by the Ioc and widely praised by public opinion.”‘Of course, owners of the Olympic symbols have the right to defend their rights through litigation, but administrative enforcement is more efficient in order to promptly stop and investigate violations of the Olympic symbols,’ Mr. Liu said.It is worth noting that during its existence, boCOG has assisted administrative law enforcement agencies at all levels in China to investigate and handle thousands of infringement cases according to law.If these cases were to be resolved uniformly by the trial and enforcement procedures of the courts at all levels, it would require a great deal of human, material and judicial resources and would take a long time.”Intellectual property rights as intangible assets play a core role in promoting the development of sports industry. Without intellectual property rights, there is no modern sports industry.At the same time, the legal system of intellectual property effectively protects intellectual property assets, maintains the core competitiveness of the sports industry, makes the healthy and orderly development of the sports industry, and escorts the sports industry.””Said Cong Lixian, a professor at the School of Intellectual Property at East China University of Political Science and Law.Source: Rule of Law Daily