Original lawyer Dai Jiapeng

"Bingdundun freedom has been realized in many places in Henan" was a hot search topic

Weibo @大河报 reported:

Recently, @大河报 discovered that various forms of handmade ice piers have appeared in scenic spots in many places in Henan, and these ice piers are very popular among tourists.

Bingdundun face figures, Bingdundun cartoons, Bingdundun paper-cutting, Bingdundun sugar paintings... these handmade Bingdundun allow tourists to feel the atmosphere of the Winter Olympics while having fun. The most important thing is the atmosphere, which turns "a trick is hard to find" into "a trick is free".

"Bingdundun freedom" was questioned about infringement

"Bingdundun freedom has been realized in many places in Henan" quickly became a hot search on Sina Weibo. The original intention of Dahe Daily was to praise the wisdom of the people of Henan, but unexpectedly it was questioned by netizens: Is such an operation infringing?

Dahe News seems to have blocked such comments, but there are still doubts coming out, and it has even developed into a regional scandal.

Is this an infringement?

The answer is: definitely infringement!

According to the "Regulations on the Protection of Olympic Symbols", "Bingdundun" and "Xuerongrong" are the mascots of the Olympic Games held in China. They are a type of Olympic symbols and are strictly protected by relevant laws and regulations. . The Olympic logo rights holder shall have exclusive rights to the Olympic logo in accordance with these Regulations. No one may use the Olympic logo for commercial purposes without the permission of the Olympic logo rights holder.

In some scenic spots in Henan, the production of "Bingdundun face figures, Bingdundun cartoons, Bingdundun paper-cuts, and Bingdundun sugar paintings" for tourists has most likely not been approved by the rights holders of the Olympic symbols. License, and it is likely to be sold to tourists (it is unlikely to be given away for free), which is suspected of illegal commercial use. Even if the scenic spot gives these things to tourists for free, it is still a marketing activity of the scenic spot or the operator, and can also be regarded as a commercial behavior. The above behavior infringes upon the exclusive rights of the Olympic symbol rights holder.

On September 17, 2019, the Beijing Winter Olympics Organizing Committee issued the "Beijing Winter Olympics Organizing Committee's Announcement on the Beijing 2022 Winter Olympics Mascots and Winter Paralympics Mascots", and Bingdun was The images of Dun and Xuerong were registered as copyrights at the China Copyright Protection Center. At the same time, the image and name of the mascot were applied for trademark registration with the Trademark Office of the State Intellectual Property Office. The image and name of the mascot were also submitted to the State Intellectual Property Office as Olympic symbols. Make an announcement. At the same time, we applied for registration of appearance patents for the images of "Bingdundun" and "Xuerongrong".

Therefore, the production and sale of "Bingdundun" products in Henan scenic spots may also infringe the copyright and patent rights of the relevant rights holders of the Olympic logo.

But does it infringe on trademark rights? I think this use does not infringe trademark rights. Because these behaviors are not trademark uses.

What are the consequences of infringement?

Violating the relevant provisions of the "Olympic Symbol Protection Regulations", using the Olympic symbol for commercial purposes without the permission of the Olympic symbol rights holder, or using a symbol that is similar enough to cause confusion, is an infringement of the Olympic symbol patent rights. If a dispute arises, the Olympic symbol rights holder or interested party may file a lawsuit with the People's Court or request the market supervision and administration department to handle it.

If the market supervision and management department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods or to manufacture the Olympic logo without authorization for commercial purposes.

If the illegal business volume exceeds 50,000 yuan, a fine of not more than 5 times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

Media promotions should pay attention to legal compliance

The intellectual property protection of Winter Olympics-related symbols is the top priority of my country’s recent intellectual property protection work, and media promotions should also be grasped Direction, we must conscientiously study relevant legal knowledge, otherwise it is easy to form a "high-level gangster", which may encourage infringement on the one hand, and may also cause damage to local reputation on the other hand.

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