On the afternoon of February 11th, 222, the Market Supervision Bureau of zhenhai district, Ningbo City, Zhejiang Province found that a cake was being sold in a cake baking shop in Zhaobaoshan Street, and the logo of the Olympic rings was printed on the cake, and the shape of the cake was suspected of infringing the design right of the mascot of the Beijing 222 Winter Olympics.
On the afternoon of February 9th, Shantou Municipal Market Supervision Administration carried out special inspections in key commercial places such as Vientiane City and Suning Plaza. In a dessert shop in Vientiane City, law enforcement officers found that the dessert named "Strawberry Snow Mountain Cake" sold by the store was printed with the Olympic rings logo, and the shape of the dessert was suspected of infringing the design right of the mascot "Bingdundun" of the Beijing 222 Winter Olympics. Selling cake "ice pier" is an infringement
According to Articles 4 and 5 of the Regulations on the Protection of Olympic Symbols, 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.
It is reported that the cake "Bingdundun" sold by these two dessert shops has not been authorized by the Olympic symbol, and has been ordered by law enforcement officers to immediately remove the cake shop, stop selling the cake, and quickly file a case.
at the same time, according to article 12 of the regulations on the protection of Olympic symbols, if the market supervision and management department finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods or manufacturing the Olympic symbols without authorization for commercial purposes. If the illegal business amount is more than 5, yuan, a fine of less than 5 times of the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 25, yuan may be imposed.
in September 219, the organizing Committee of Beijing 222 Winter Olympics and Paralympics applied for the registration of 45 internationally classified trademarks of "Bingdundun" and "Xuerongrong", which were successfully registered in December 22. It is worth mentioning that the number of trademark applications for "Bingdundun" and "Xuerongrong" reached more than 17 and 9 respectively, and most of them were in the state of "invalid" or "rejected" except for the officially applied trademarks. My opinion on this matter
The mascot "Bingdundun" is an important property of BOCOG, and BOCOG enjoys the copyright, exclusive right of registered trademark and patent right of design according to law, as well as the exclusive right of registered trademark for its Chinese and English names. Therefore, anyone who uses the image or name of "Ice Dun Dun" shall abide by the provisions of the Copyright Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China and other relevant laws and regulations.
The image of "Bing Dun Dun" is a work of art, and the copyright of BOCOG is protected by law. Without the permission of BOCOG, no other unit or individual may use this work, let alone distort or tamper with the image of "Bing Dun Dun", unless it is used reasonably according to the law. Similarly, the exclusive right to use a registered trademark and the patent right of design enjoyed by BOCOG for the image and name of "Bingdundun" are also protected by law. For illegal use, BOCOG has the right to investigate the legal responsibility of the infringer.
If the use behavior is suitable for personal appreciation, such as weaving its pattern on personal articles such as scarves and gloves for personal use only; Or the reproduction of the image by newspapers, periodicals, radio stations, television stations and other media when reporting news, usually does not harm the legitimate rights and interests of the copyright owner and does not constitute infringement.
the determination of copyright infringement is not based on whether the use behavior has commercial profit-making purpose, especially in the case of spreading works through the network. Therefore, if the image of "Ice Dun Dun" and "Snow Rongrong" is made into a pattern similar to an expression pack without authorization and spread on the Internet, even if there is no charge involved, it is also an infringement without the permission of the Organizing Committee.