Because of the huge business opportunities contained in Beijing Anyunhui mascot "Bingdundun", some people have come up with the idea of "Bingdundun", and various behaviors of "Bingdundun" have appeared in large numbers, in an attempt to make use of the influence of "Bingdundun" in various ways to seek benefits. However, it is necessary to clarify the possible legal responsibilities of manufacturing and selling "Bingdundun" privately while making money.
I. Responsibility of Copyright Law
According to the Copyright Law of the People's Republic of China, no unit or individual is allowed to use other people's works without permission, otherwise, it may constitute civil infringement, administrative punishment, and even a serious crime. "Bingdundun" has applied for copyright protection. If someone copies, distributes or spreads it through the information network, the copyright owner can investigate the responsibility of the relevant personnel according to the provisions of the Copyright Law.
II. Liability of Trademark Law
As early as 219, the organizing committee of Beijing Winter Olympics submitted 27 applications for trademark registration with Chinese and English names, which protected the trademark of "Bingdundun" in all categories. According to the provisions of the Trademark Law, no one is allowed to publicize and use the trademark of "Bingdundun" without permission. If anyone imitates the trademark of "Bingdundun", he will have to bear administrative punishment, civil compensation and criminal responsibility.
III. Liability of Patent Law
BOCOG submitted eight patent applications for design to China National Intellectual Property Administration Intellectual Property for "Bing Dun Dun" stickers, signs, graphical user interface (GUI), etc. Any imitation and plagiarism of "Bing Dun Dun" will be sanctioned by the patent law, and the national law enforcement departments will investigate and deal with the infringement according to their functions and powers, give corresponding administrative penalties, and pursue criminal responsibility for serious cases.
IV. Responsibility of Consumer Rights Protection Law
Making and selling "Ice Dun Dun" without permission is also an act that damages consumers' legitimate rights and interests, and uses consumers' passion for "Ice Dun Dun Dun" to damage consumers' right to know and deceive consumers. Therefore, consumers can complain to the state organs and ask the market supervision department to punish the illegal merchants, or they can claim compensation from the merchants and ask the illegal merchants to "return".
V. Responsibility of Anti-Unfair Competition Law
Article 6 of the Anti-Unfair Competition Law stipulates that business operators are not allowed to use the same or similar marks such as commodity names, packaging and decoration that have a certain influence on others without authorization, and other confusing behaviors that are enough to mislead people into thinking that they are other people's commodities or have a specific connection with others. Any act of imitating "ice pier" or using the banner of "ice pier" or various acts of rubbing traffic is unfair competition, and will be subject to the "Regulations"
In short, BOCOG has provided all-round legal protection for "Ice Dun Dun". Although manufacturing and selling "Ice Dun Dun Dun" privately can bring huge benefits, there are also huge risks. Any gains must be made in accordance with the law, and illegal profits will be punished by law. Only by constantly innovating and seeking opportunities in the market competition is the correct way to operate. With the increasing protection of intellectual property rights by the state, the illegal cost is increasing.