The "Olympic Charter" stipulates that the Olympic logo is the symbol of the Olympic movement and the exclusive logo of the International Olympic Committee. No group or individual may use it for advertising or other purposes without the permission of the International Olympic Committee. commercial activities. The International Olympic Committee also requires all countries to take necessary measures to protect the Olympic symbols to ensure the authority of the Olympic movement and avoid the abuse of the Olympic symbols.

[Issuance date] 2002.04.01

[Implementation date] 2002.04.01

[Issuance unit] 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, protect the legitimate rights and interests of the rights holders of the Olympic symbols, and maintain the dignity of the Olympic movement.

Article 2

The term “Olympic symbols” as mentioned in these regulations refers to:

(1) The Olympic five-ring pattern symbol of the International Olympic Committee, the Olympic flag, Olympic motto, Olympic emblem, Olympic anthem;

(2) Proper names such as Olympic, Olympia, Olympic Games and their abbreviations;

(3) Name of the Chinese Olympic Committee, Emblem and logo;

(4) The name, emblem and logo of the Beijing 2008 Olympic Games Bid Committee;

(5) The name and emblem of the Organizing Committee of the 29th Olympic Games, The mascot, anthem, slogan of the 29th Olympic Games, "Beijing 2008", the 29th Olympic Games and its abbreviation and other symbols;

(6) "Olympic Charter" Chapter "The 29th Olympic Games" Other signs related to the 29th Olympic Games as stipulated in the Games Host City Contract.

Article 3

The "Olympic symbol rights holders" as 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 between the International Olympic Committee, the Chinese Olympic Committee and the Organizing Committee of the 29th Olympic Games is determined in accordance with the Olympic Charter and the Host City Contract of the 29th Olympic Games.

Article 4

Olympic symbol rights holders shall have exclusive rights to the Olympic symbol in accordance with these Regulations.

No one may use the Olympic logo for commercial purposes (including potential commercial purposes, the same below) without the permission of the Olympic logo rights holder.

Article 5

The term "commercial purpose" as mentioned in these Regulations refers to the use of Olympic symbols for the purpose of profit in the following ways:

(1) The Olympic logo is used on products, product packaging or containers, and commodity transaction documents;

(2) Using the Olympic logo for services;

(3) Using the Olympic logo for In advertising, commercial exhibitions, commercial performances and other commercial activities;

(4) Selling, importing and exporting goods containing the Olympic logo;

(5) Manufacturing or selling Olympic products

(6) Other behaviors that may cause people to think that there is a sponsorship or other support relationship between the perpetrator and the owner of the Olympic emblem while using the Olympic emblem;

Article 6

The administrative department for industry and commerce of the State Council shall be responsible for the protection of Olympic symbols nationwide in accordance with the provisions of these Regulations.

Local industrial and commercial administrative departments at or above the county level shall be responsible for the protection of Olympic symbols within their own administrative regions in accordance with the provisions of these regulations.

Article 7

Olympic symbol rights holders shall submit the Olympic symbol to the administrative department for industry and commerce of the State Council for filing, and the administrative department for industry and commerce of the State Council shall make an announcement.

Article 8

Those who obtain the permission of the Olympic logo rights holder and use the Olympic logo for commercial purposes shall enter into a license contract with the Olympic logo rights holder.

Among them, those who use the Olympic symbols stipulated in Article 2 (1) and (2) of these Regulations shall enter into a contract with the International Olympic Committee and its authorized or approved institutions; use Article 2 (3) of these Regulations Those who use the Olympic symbols specified in Article 2 (4), (5) and (6) of these Regulations shall enter into a contract with the Chinese Olympic Committee; those who use the Olympic symbols specified in Article 2 (4), (5) and (6) of these Regulations shall sign a contract with the Chinese Olympic Committee on December 31, 2008. Previously, a contract should be concluded with the Organizing Committee of the 29th Olympic Games. The Olympic symbol rights holder shall submit the license contract to the industrial and commercial administration department of the State Council for filing.

If a license contract is concluded in accordance with the provisions of the preceding paragraph, the licensee may only use the Olympic logo within the geographical scope and period stipulated in the contract.

Article 9

Those who have used the Olympic logo in accordance with the law before the implementation of these regulations may continue to use it within the original scope.

Article 10

Using the Olympic logo for commercial purposes without the permission of the owner of the Olympic logo is an infringement of the exclusive rights of the Olympic logo. If a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the Olympic symbol rights holder or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools specifically used to manufacture the infringing goods or to manufacture the Olympic logo without authorization for commercial purposes. If there are any illegal gains, the illegal gains shall be confiscated. , a fine of not more than 5 times of 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 the party concerned is dissatisfied with the handling decision, he may file a lawsuit with 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 receipt of the handling notice; if the infringer does not sue or perform after the expiration of the time limit, the industrial and commercial administration shall The department may apply to the People's Court for compulsory enforcement. At the request of the parties, the industrial and commercial administrative department that handles the matter may mediate the amount of compensation for infringement of the exclusive rights of the Olympic logo; if mediation fails, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. .

Anyone who uses the Olympic logo to engage in fraud or other activities that violates criminal law will be held criminally responsible in accordance with the provisions of the criminal law on fraud or other crimes.

Article 11

The industrial and commercial administration department has the right to investigate and deal with any infringement of the exclusive rights of the Olympic symbols in accordance with the law.

The industrial and commercial administration department may exercise the following powers when investigating and punishing suspected infringement of the exclusive rights of the Olympic emblem based on obtained evidence of suspected violations or reports:

(1) Question relevant parties and investigate situations related to infringement of Olympic symbols;

(2) Review and copy contracts, invoices, account books and other relevant materials related to infringement activities;

( 3) Conduct on-site inspections of venues where parties are suspected of infringing the exclusive rights of the Olympic symbols;

(4) Inspect items related to infringing activities; for items that are evidenced to infringe the exclusive rights of the Olympic symbols, be seized or detained.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

Article 12

If imported or exported goods are suspected of infringing the exclusive rights of the Olympic logo, the customs shall refer to the Customs Law of the People's Republic of China and the Customs Law of the People's Republic of China. *Investigation and handling in accordance with the authority and procedures stipulated in the Customs Protection Regulations on Intellectual Property Rights of the People's Republic of China.

Article 13

The amount of compensation for infringement of the exclusive rights of the Olympic logo shall be determined based on the losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement, including Reasonable expenses paid to stop the infringement; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, they shall be reasonably determined with reference to the Olympic logo license fee.

If you sell products that are not known to infringe the exclusive rights of the Olympic logo, you will not be liable for compensation if you can prove that you obtained the products legally and identify the supplier.

Article 14

In addition to being protected in accordance with these regulations, the Olympic symbols may also be protected in accordance with the Copyright Law of the People's Republic of China and the Copyright Law of the People's Republic of China. The provisions of laws and administrative regulations such as the National Trademark Law, the Patent Law of the People's Republic of China, and the Regulations on the Management of Special Signs are protected.