In the explanation of the revised draft, the Legislative Affairs Office of the State Council pointed out that in order to make the 2022 Beijing Winter Olympics a wonderful, extraordinary and outstanding Olympic Games and fulfill the promise of our government, it is urgent to amend the current Regulations on the Protection of Olympic Symbols. The revision of the regulations will also lay a legal foundation for hosting various Olympic Games in China in the future, and play an important role in promoting and safeguarding the reform and development of sports in China and the popularization of the Olympic Movement.
The draft for review fully draws on and absorbs the latest achievements of trademark law and its implementing regulations on trademark protection, modifies the standard of administrative punishment, and adds indirect infringement, determination of the order of infringement compensation, punitive compensation, heavier punishment circumstances, statutory compensation and so on.
At the same time, the working procedures of the Olympic symbol and its license were greatly adjusted, and the approval and filing of the two were changed to the announcement of the Olympic symbol and the information disclosure of the right holder, which adjusted and expanded the subject and object scope of the rights of the Olympic symbol according to the actual work needs, and increased the punishment for unauthorized use of the Olympic symbol for potential commercial purposes and the protection period of the Olympic symbol.
The draft makes it clear that no one may use the Olympic symbol for commercial purposes or potential commercial purposes without the permission of the owner of the Olympic symbol. According to the draft, commercial use refers to the use of Olympic symbols in commodities, commodity packaging or containers and commodity trading documents for profit; The use of Olympic symbols in service projects and other aspects. The use of potential commercial purposes refers to the behavior that may make people mistakenly think that there is sponsorship or other support relationship between the actor and the right holder of the Olympic symbol through congratulations, refueling, celebration, countdown, announcement of competition results, winners' list, title promotion and so on.
The public can log on to the Legal Information Network of China Municipal Government before September 28, 2007, 2065438, and make comments on the draft for comment. The public with opinions can contribute in time.