[Date of Promulgation] 2002.04.01

[Date of Implementation] 2002.04.01

[Promulgation Unit] Trademark Office of the State Administration for Industry and Commerce is referred to in these Regulations Olympic symbols refer to:

(1) The International Olympic Committee’s Olympic five-ring pattern logo, Olympic flag, Olympic motto, Olympic emblem, and Olympic anthem;

(2) Olympic Games , Olympia, Olympic Games and their abbreviations and other proprietary names;

(3) The name, emblem and logo of the Chinese Olympic Committee;

(4) Beijing 2008 Olympic Games Bid Committee The name, emblem and logo of the 29th Olympic Games;

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

(6) Other signs related to the 29th Olympic Games as stipulated in the "Contract for the Host City of the 29th Olympic Games" of the "Olympic Charter". The term "Olympic symbol rights holders" as mentioned in these Regulations refers 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. The Olympic symbol rights holder 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. The term "commercial purpose" as mentioned in these regulations refers to the use of the Olympic logo in the following ways for the purpose of profit: (1) using the Olympic logo on commodities, commodity packaging or containers, and commodity transaction documents;

(2) Use the Olympic logo in service projects;

(3) Use the Olympic logo in advertising, commercial exhibitions, commercial performances and other commercial activities;

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

(5) Manufacturing or selling the Olympic logo;

(6) Conduct that may cause people to think that Other acts of using the Olympic symbols due to a sponsorship or other support relationship between a person and the owner of the Olympic symbols; The industrial and commercial administration department of the State Council shall be responsible for the protection of the Olympic symbols nationwide in accordance with the provisions of these regulations.

Local administrative departments for industry and commerce 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. If you obtain the permission of the Olympic logo rights holder and use the Olympic logo for commercial purposes, you must 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. Any unauthorized use of the Olympic Symbol for commercial purposes without the permission of the Olympic Symbol rights holder will infringe upon the exclusive rights of the Olympic Symbol. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the Olympic Symbol rights holder or interested parties may If you file a lawsuit with the People's Court, you can also request the industrial and commercial administrative department to handle it.

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. The industrial and commercial administration departments have 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. 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 obtained by the infringer due to the infringement, including reasonable expenses paid to stop the infringement; the losses suffered by the infringed party or the infringer's If the benefits obtained are difficult to determine, they shall be reasonably determined with reference to the Olympic logo licensing 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. At the opening ceremony of the Sochi Winter Olympics, one of the five edelweiss representing the five Olympic rings was not formed. Was it a deliberate arrangement by the director or a fault on site?

At 00:14 Beijing time on January 8 and 20:14 local time in Sochi, the opening ceremony of the Sochi Winter Olympics unveiled its mystery. Similar to previous Olympic Games, after an overall introduction to the Russian style at the beginning, it ended with a necessary link: the formation of the Olympic five-ring symbol.

Accompanied by the elegant music, four of the five edelweiss floating in the air slowly grew larger and gathered together, showing that the five Olympic rings were about to be formed. But the flower in the upper right corner did not unfold. Is it a malfunction or is it intentional creativity of the Russians?

CCTV on-site commentator Zhang Bin said: "In the sound of music, the edelweiss is quietly changing, slowly expanding from the center of the flower, and gradually smoothing the edges. These are the five Olympic rings. Maybe there is something a little strange at this moment on the scene. Perfect, let me tell you, this edelweiss represents the Winter Olympics."

But judging from the opening ceremony preparation tapes broadcast by Russia Radio and the opening ceremony guidelines issued by the organizing committee to the media. , the original meaning should be that five edelweiss intersect to form the five Olympic rings. According to the Beijing Olympic Organizing Committee, Fuwa is the mascot of the 29th Olympic Games in Beijing in 2008. Its colors and inspiration come from the five Olympic rings, China's vast mountains, rivers, lakes and seas, and people's favorite animal images. The five Fuwa dolls read "Welcome to Beijing"

The Fuwa dolls are five cute and close friends. Their shapes incorporate the images of fish, giant pandas, Tibetan antelopes, swallows and the Olympic flame. Each doll has a catchy name: "Beibei", "Jingjing", "Huanhuan", "Yingying" and "Nini".

Each doll represents a good wish: prosperity, joy, passion, health and good luck. When you put the names of the five dolls together, you will read Beijing's warm invitation to the world, "Beijing welcomes you" (homophone).