Article 1 These Provisions are formulated in order to strengthen the protection of Olympic intellectual property rights, safeguard the legitimate rights and interests of Olympic intellectual property owners and related rights holders, and ensure and promote the sustained and healthy development of the Olympic Movement.
Article 2 The term "Olympic intellectual property" as mentioned in these Provisions refers to the exclusive rights of trademarks, special symbols, patents, works and other creative achievements related to the Olympic Games as stipulated in the Olympic Charter and the Agreement between the Beijing Municipal People's Government and the Chinese Olympic Committee (hereinafter referred to as the Chinese Olympic Committee) and the International Olympic Committee (hereinafter referred to as the International Olympic Committee). Olympic intellectual property owners and related rights holders refer to the International Olympic Committee, the Chinese Olympic Committee, the Organizing Committee of the Ninth Olympic Games (hereinafter referred to as the Organizing Committee) and their legally authorized licensees.
Article 3 The Olympic-related trademarks, special symbols, patents, works and other creative achievements mentioned in these Provisions refer to:
(1) OLYMPIC symbols (that is, five-ring patterns), flags, anthem, aphorisms, Olympic, Olympic period, Olympia, Olympic Games, Olympic Games, Olympic Games, etc. or their combinations;
(2) The emblem and name of the Chinese Olympic Committee;
(3) The emblem, mascot, name, logo (including "Beijing 2008"), national anthem and slogan developed or entrusted by the Beijing 2008 Olympic Games Bid Committee and the Organizing Committee to be used during Beijing's bid to host the 29th Olympic Games; (4) Other Olympic-related intellectual property objects.
Article 4 These Provisions shall apply to all acts related to Olympic intellectual property rights within the administrative area of this Municipality.
Article 5 The protection of Olympic intellectual property rights shall follow the principles of safeguarding the dignity of the Olympic Movement, inviolability of exclusive rights, legal protection and legal use.
Any organization or individual should safeguard Olympic intellectual property rights.
Article 6 The use of Olympic intellectual property rights should contribute to the development of the Olympic Movement.
The use of Olympic intellectual property rights in Items (1), (3) and (4) of Article 3 of these Provisions shall be approved and authorized by the Organizing Committee or the organization authorized by the International Olympic Committee; The use of Olympic intellectual property rights in Item (2) of Article 3 of these Provisions shall be approved and authorized by the Chinese Olympic Committee.
Article 7 No organization or individual may engage in fundraising, sponsorship, advertising, publicity and other activities under the guise of the International Olympic Committee, the Chinese Olympic Committee and the Organizing Committee.
Article 8 The following violations of Olympic intellectual property rights are prohibited:
(1) Using identical or similar trademarks, special signs, patents, works and other creative achievements in production, business operation, advertising, publicity and performance without permission;
(2) Forging or manufacturing identical or similar trademark logos and special signs without authorization, or selling forged or unauthorized trademark logos and special signs;
(3) using identical or similar trademarks, special marks, patents, works and other creative achievements in disguised form;
(four) unauthorized use of identical or similar trademarks, distinctive signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units, as well as in the names of websites, domain names, buildings, structures and places;
(5) Providing convenient conditions such as places, storage, transportation, mailing and concealment for the infringement;
(six) other violations of relevant state laws and regulations.
Article 9 Advertisers, advertising agents and publishers shall not infringe Olympic intellectual property rights in advertising design, production, agency and release activities; Advertising agents and publishers should strengthen the examination in advertising (including public service advertising) activities and strictly check the supporting documents.
Article 10 The Municipal People's Government authorizes the Municipal Intellectual Property Office to be responsible for the investigation, research, overall planning and comprehensive coordination of Olympic intellectual property protection. The administrative departments of industry and commerce, intellectual property rights and copyright of this Municipality shall strengthen the law enforcement inspection on the protection of Olympic intellectual property rights. The administrative departments of press and publication, culture, customs, public security, urban management and supervision shall do a good job in the protection of Olympic intellectual property rights according to their respective responsibilities.
Article 11 Any organization or individual may report the infringement of Olympic intellectual property rights to the administrative department for industry and commerce, intellectual property rights and copyright. If the report is verified, it will be rewarded.
Article 12 The administrative departments for industry and commerce, intellectual property and copyright may take the following measures against acts that violate Olympic intellectual property rights in violation of these Provisions:
(a) shall be ordered to stop the infringement and eliminate the influence;
(two) to seal up the relevant property and materials that may be transferred, concealed or destroyed according to law;
(3) Eliminating trademark marks, special marks, patent marks, works and other creative achievements that infringe on existing articles;
(4) Collecting and destroying infringing trademark marks, patent marks and special marks;
(five) the collection of tools such as molds and plates directly used for infringement;
(six) infringing trademarks, special signs, patents, works and other creative achievements are difficult to separate from the articles, and shall be ordered and supervised to destroy them.
Article 13 An actor who infringes Olympic intellectual property rights shall bear corresponding civil liabilities according to law.
Fourteenth in violation of these provisions, infringement of Olympic intellectual property rights, in violation of relevant laws, regulations and rules, according to law; If there are no provisions in relevant laws, regulations and rules, a fine of 1000 yuan but not more than 30000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. The administrative punishment prescribed in the preceding paragraph, involving trademark, special symbol, advertisement, enterprise registration and website name infringement, shall be investigated and dealt with by the administrative department for industry and commerce; Patent infringement shall be investigated and dealt with by the intellectual property administrative department; Copyright infringement shall be investigated and dealt with by the copyright administrative department; Infringements in other fields shall be investigated and dealt with by the intellectual property administrative department in conjunction with the relevant industry management departments.
Article 15 When Olympic intellectual property rights holders and related rights holders find that their rights have been infringed, they may complain to the relevant administrative departments in the place where the infringement occurred, or bring a lawsuit directly to the people's court according to law. The relevant administrative departments may conduct mediation according to law when handling infringement cases according to law; If mediation fails, the obligee may bring a lawsuit to the people's court according to law.
Sixteenth violations of Olympic intellectual property rights occurred before the implementation of these provisions, the actor should immediately stop and eliminate the impact; After registration or authorization, the relevant administrative departments shall correct it.
Article 17 These Provisions shall come into force as of 20011day.