Hot Search for "Free Travel of Ice Pier in Henan Province"
Weibo @ Dahe Daily reported:
Recently, @ Dahe Daily found that various scenic spots in Henan have various forms of handmade ice piers, which are very popular among tourists.
Ice sculpture, ice cartoon, ice paper-cut, ice Tang Hua ... These handmade ice sculptures make tourists feel the atmosphere of the Winter Olympics while playing, and the most important thing is to make "one pier is hard to find" become "pier freedom".
Freedom of the Ice Pier was questioned for infringement.
"Many places in Henan realize the freedom of ice piers" and quickly rushed to Sina Weibo for hot search. The original intention of Dahe Daily is to praise the wisdom of Henan people. Unexpectedly, it was questioned by netizens: Is this operation infringing?
Dahe newspaper seems to have blocked such comments, but there are still doubts, and even it has developed into a regional black.
Is this infringement?
The answer is: definitely infringement!
According to the Regulations on the Protection of Olympic Symbols, "Ice Dun" and "Edelweiss" belong to the mascots of the Olympic Games held in China, and they are a kind of Olympic symbols, which are strictly protected by relevant laws and regulations. The right holder of the Olympic symbol enjoys exclusive rights to the Olympic symbol in accordance with these regulations. No one may use the Olympic symbol for commercial purposes without the permission of the owner of the Olympic symbol.
In some scenic spots in Henan, the act of making "figurines with ice face, cartoons with ice face, paper-cut with ice face and Tang Hua with ice face" for tourists is probably not recognized by the owners of Olympic symbols, and it is likely to be sold to tourists (unlikely to be given away for free), which is suspected of illegal commercial use. Even if these things are presented to tourists by scenic spots, they are also a marketing activity of scenic spots or operators, and can also be regarded as a commercial behavior. The above behavior violates the exclusive rights of the right holders of Olympic symbols.
September, 2065438+09 17 BOCOG released BOCOG's Announcement on the Mascots of Beijing 2022 Winter Olympics and Winter Paralympics. The images of Bing Dundun and Xue Rongrong have been registered in China Copyright Protection Center, and the images and names of mascots have been applied for trademark registration in China National Intellectual Property Administration Trademark Office, and have been submitted to China National Intellectual Property Administration for announcement as Olympic symbols. In the same period, the images of "Ice Shield" and "Edelweiss" applied for appearance patent registration.
Therefore, the production and sale of "ice shield" goods in Henan scenic spots may also infringe the copyright and patent rights of the relevant rights holders of the Olympic symbols.
But does it infringe trademark rights? I don't think this way of use infringes the trademark right. Because these behaviors do not belong to trademark use.
What are the consequences of infringement?
Anyone who, in violation of the relevant provisions of the Regulations on the Protection of Olympic Symbols, uses the Olympic Symbol for commercial purposes without the permission of the right holder of the Olympic Symbol, or uses similar symbols that will lead to misunderstanding, that is, infringes on the exclusive rights of the Olympic Symbol and causes disputes, the right holder of the Olympic Symbol or interested parties 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.
Media publicity should pay attention to legal compliance.
Intellectual property protection of symbols related to the Winter Olympics is the top priority of intellectual property protection in China recently. The media should also grasp the right direction and study the relevant legal knowledge seriously, otherwise it will easily form a "senior black", which may encourage infringement on the one hand and damage the local reputation on the other.
Original statement:
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