Article 2 The Olympic symbols mentioned in these Regulations refer to:
(1) the Olympic five-ring logo, Olympic flag, Olympic motto, Olympic emblem and Olympic anthem of the International Olympic Committee;
(2) proper names such as Olympics, Olympia, Olympic Games and their abbreviations;
(3) the name, emblem and logo of the Chinese Olympic Committee;
(4) the name, emblem and logo of the organization applying to host the Olympic Games in China;
(5) The name of the Olympic Games held in China and its abbreviation, mascot, anthem, torch shape, slogan, "name of host city+year of holding" and other signs, as well as the name and emblem of its organization;
(6) Other signs related to the Olympic Games held in China as stipulated in the Olympic Charter and the contract of the host city of the relevant Olympic Games.
article 3 the rights holders of Olympic symbols as mentioned in these regulations refer to the international Olympic Committee, the Chinese Olympic Committee, the organizations that apply for hosting the Olympic games in China and the organizations that hold the Olympic games in China.
The division of rights among the International Olympic Committee, the Chinese Olympic Committee, the organizations applying for hosting the Olympic Games in China and the organizations hosting the Olympic Games in China shall be determined in accordance with the Olympic Charter and the relevant contracts of the host cities of the Olympic Games.
article 4 the right holder of the Olympic symbols shall enjoy exclusive rights to the Olympic symbols 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.
Article 5 The term "use for commercial purposes" as mentioned in these Regulations refers to the use of the Olympic symbols for profit in the following ways:
(1) Using the Olympic symbols in commodities, commodity packages or containers and commodity trading documents;
(2) using the Olympic symbols in service projects;
(3) using the Olympic symbols in advertising, commercial exhibitions, commercial performances and other commercial activities;
(4) selling, importing and exporting commodities with Olympic symbols;
(5) manufacturing or selling Olympic symbols;
(6) other acts of using the Olympic symbols for profit.
article 6 in addition to the provisions of article 5 of these regulations, if activities are carried out by using elements related to the Olympic movement, which is enough to mislead people into thinking that there is a sponsorship or other support relationship with the right holders of Olympic symbols, which constitutes unfair competition, it shall be dealt with in accordance with the law of the people's Republic of China against unfair competition.
article 7 the the State Council municipal market supervision and management department and the competent intellectual property department shall be responsible for the protection of the Olympic symbols throughout the country in accordance with the provisions of these regulations.
the local market supervision and management departments at or above the county level shall be responsible for the protection of Olympic symbols within their respective administrative areas in accordance with the provisions of these regulations.
article 8 the owner of the Olympic symbol shall submit the Olympic symbol to the intellectual property authority in the State Council, and the intellectual property authority in the State Council shall make an announcement.
Article 9 The Olympic symbol is valid for 1 years, counting from the date of announcement.
The right holder of the Olympic symbol can go through the renewal procedures within 12 months before the expiration date, and the validity period of each renewal is 1 years, counting from the day after the last expiration date of the Olympic symbol. The competent intellectual property department of the State Council shall announce the renewal of the Olympic symbol.
article 1 whoever obtains the permission of the right holder of the Olympic symbol to use the Olympic symbol for commercial purposes shall conclude a license contract with the right holder of the Olympic symbol. The right holder of the Olympic symbol shall promptly disclose the information such as the types, licensees, licensed goods or services, time limit and geographical scope of the Olympic symbol.
the licensee shall use the Olympic symbols within the categories, permitted goods or services, time limit and geographical scope stipulated in the license contract.
article 11 those who have used the Olympic symbols according to law before the implementation of these regulations may continue to use them within the original scope.
Article 12. Anyone who uses the Olympic symbol for commercial purposes without the permission of the owner of the Olympic symbol, or uses an approximate symbol that can mislead people, that is, infringes on the exclusive right of the Olympic symbol and causes disputes, shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the right holder or interested party of the Olympic symbol may bring a lawsuit to the people's court or request the market supervision and management department to handle it. When 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 to manufacture infringing goods or make the Olympic symbols for commercial purposes without authorization. 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. If a party refuses to accept the decision, it may apply for administrative reconsideration in accordance with the Administrative Reconsideration Law of the People's Republic of China, or directly bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China. At the request of the parties concerned, the market supervision and management department that handles the matter may mediate the amount of compensation for infringement of the exclusive rights of the Olympic symbols; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of the People's Republic of China.
those who use the Olympic symbols to commit fraud and other activities, which constitute a crime, shall be investigated for criminal responsibility according to law.
article 13 the market supervision and management department has the right to investigate and deal with any act that infringes on the exclusive rights of the Olympic symbols.
The market supervision and management department may exercise the following functions and powers when investigating and dealing with acts suspected of infringing the exclusive rights of the Olympic symbols based on the obtained suspected evidence or reports:
(1) Inquire the relevant parties and investigate the situation related to the infringement of the exclusive rights of the Olympic symbols;
(2) consulting and copying contracts, invoices, account books and other relevant materials related to infringement activities;
(3) conducting on-site inspection of the places where the parties are suspected of infringing the exclusive rights of the Olympic symbols;
(4) inspecting articles related to infringement activities; Articles that are proved by evidence to be infringing on the exclusive rights of Olympic symbols shall be sealed up or detained.
when the market supervision and management department exercises the functions and powers stipulated in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
article 14 if the import and export goods are suspected of infringing the exclusive rights of the Olympic symbols, the customs shall investigate and deal with them with reference to the authority and procedures stipulated in the customs law of the people's Republic of China and the regulations of the people's Republic of China on customs protection of intellectual property rights.
Article 15 The amount of compensation for infringement of the exclusive rights of the Olympic symbols shall be determined according to the losses suffered by the obligee due to the infringement or the benefits gained by the infringer due to the infringement, including the reasonable expenses paid to stop the infringement; If it is difficult to determine the loss of the infringer or the benefit of the infringer, it shall be reasonably determined by referring to the license fee of the Olympic symbol.
If you sell a commodity that you don't know is an infringement of the exclusive rights of the Olympic symbol, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation.
Article 16 Olympic symbols can be protected in accordance with 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 the Regulations on the Administration of Special Signs.
article 17 the protection of relevant symbols of the paralympic games shall be implemented with reference to these regulations.
article 18 these regulations shall come into force on July 31, 218.
legal basis:
regulations on the protection of Olympic symbols
article 1 these regulations are formulated in order to strengthen the protection of Olympic symbols, safeguard the legitimate rights and interests of holders of Olympic symbols and promote the development of the Olympic movement.
Article 2 The Olympic symbols mentioned in these Regulations refer to:
(1) the Olympic five-ring logo, Olympic flag, Olympic motto, Olympic emblem and Olympic anthem of the International Olympic Committee;
(2) proper names such as Olympics, Olympia, Olympic Games and their abbreviations;
(3) the name, emblem and logo of the Chinese Olympic Committee;
(4) the name, emblem and logo of the organization applying to host the Olympic Games in China;
(5) The name of the Olympic Games held in China and its abbreviation, mascot, anthem, torch shape, slogan, "name of host city+year of holding" and other signs, as well as the name and emblem of its organization;
(6) Other signs related to the Olympic Games held in China as stipulated in the Olympic Charter and the contract of the host city of the relevant Olympic Games.
article 3 the rights holders of Olympic symbols as mentioned in these regulations refer to the international Olympic Committee, the Chinese Olympic Committee, the organizations that apply for hosting the Olympic games in China and the organizations that hold the Olympic games in China.
The division of rights among the International Olympic Committee, the Chinese Olympic Committee, the organizations applying for hosting the Olympic Games in China and the organizations hosting the Olympic Games in China shall be determined in accordance with the Olympic Charter and the relevant contracts of the host cities of the Olympic Games.
article 4 the right holder of the Olympic symbols shall enjoy exclusive rights to the Olympic symbols 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.
Article 5 The term "use for commercial purposes" as mentioned in these Regulations refers to the use of the Olympic symbols for profit in the following ways:
(1) Using the Olympic symbols in commodities, commodity packages or containers and commodity trading documents;
(2) using the Olympic symbols in service projects;
(3) using the Olympic symbols in advertising, commercial exhibitions, commercial performances and other commercial activities;
(4) selling, importing and exporting commodities with Olympic symbols;
(5) manufacturing or selling Olympic symbols;
(6) other acts of using the Olympic symbols for profit.
article 6 in addition to the provisions of article 5 of these regulations, if activities are carried out by using elements related to the Olympic movement, which is enough to mislead people into thinking that there is a sponsorship or other support relationship with the right holders of Olympic symbols, which constitutes unfair competition, it shall be dealt with in accordance with the law of the people's Republic of China against unfair competition.
article 7 the the State Council municipal market supervision and management department and the competent intellectual property department shall be responsible for the protection of the Olympic symbols throughout the country in accordance with the provisions of these regulations.
the local market supervision and management departments at or above the county level shall be responsible for the protection of Olympic symbols within their respective administrative areas in accordance with the provisions of these regulations.
article 8 the owner of the Olympic symbol shall submit the Olympic symbol to the intellectual property authority in the State Council, and the intellectual property authority in the State Council shall make an announcement.
Article 9 The Olympic symbol is valid for 1 years, counting from the date of announcement.
The right holder of the Olympic symbol can go through the renewal procedures within 12 months before the expiration date, and the validity period of each renewal is 1 years, counting from the day after the last expiration date of the Olympic symbol. The competent intellectual property department of the State Council shall announce the renewal of the Olympic symbol.
article 1 whoever obtains the permission of the right holder of the Olympic symbol to use the Olympic symbol for commercial purposes shall conclude a license contract with the right holder of the Olympic symbol. The right holder of the Olympic symbol shall promptly disclose the information such as the types, licensees, licensed goods or services, time limit and geographical scope of the Olympic symbol.
the licensee shall use the Olympic symbols within the categories, permitted goods or services, time limit and geographical scope stipulated in the license contract.
article 11 those who have used the Olympic symbols according to law before the implementation of these regulations may continue to use them within the original scope.
Article 12. Anyone who uses the Olympic symbol for commercial purposes without the permission of the owner of the Olympic symbol, or uses an approximate symbol that can mislead people, that is, infringes on the exclusive right of the Olympic symbol and causes disputes, shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the right holder or interested party of the Olympic symbol may bring a lawsuit to the people's court or request the market supervision and management department to handle it. When 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 to manufacture infringing goods or make the Olympic symbols for commercial purposes without authorization. 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. If a party refuses to accept the decision, it may apply for administrative reconsideration in accordance with the Administrative Reconsideration Law of the People's Republic of China, or directly bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China. At the request of the parties concerned, the market supervision and management department that handles the matter may mediate the amount of compensation for infringement of the exclusive rights of the Olympic symbols; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of the People's Republic of China.
those who use the Olympic symbols to commit fraud and other activities, which constitute a crime, shall be investigated for criminal responsibility according to law.
article 13 the market supervision and management department has the right to investigate and deal with any act that infringes on the exclusive rights of the Olympic symbols.
The market supervision and management department may exercise the following functions and powers when investigating and dealing with acts suspected of infringing the exclusive rights of the Olympic symbols based on the obtained suspected evidence or reports:
(1) Inquire the relevant parties and investigate the situation related to the infringement of the exclusive rights of the Olympic symbols;
(2) consulting and copying contracts, invoices, account books and other relevant materials related to infringement activities;
(3) conducting on-site inspection of the places where the parties are suspected of infringing the exclusive rights of the Olympic symbols;
(4) inspecting articles related to infringement activities; Articles that are proved by evidence to be infringing on the exclusive rights of Olympic symbols shall be sealed up or detained.
when the market supervision and management department exercises the functions and powers stipulated in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
article 14 if the import and export goods are suspected of infringing the exclusive rights of the Olympic symbols, the customs shall investigate and deal with them with reference to the authority and procedures stipulated in the customs law of the people's Republic of China and the regulations of the people's Republic of China on customs protection of intellectual property rights.
Article 15 The amount of compensation for infringement of the exclusive rights of the Olympic symbols shall be determined according to the losses suffered by the obligee due to the infringement or the benefits gained by the infringer due to the infringement, including the reasonable expenses paid to stop the infringement; If it is difficult to determine the loss of the infringer or the benefit of the infringer, the use of the Olympic symbol shall be permitted with reference to it.