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A cake shop in Nantong was investigated for making and selling iced cakes in the shape of cakes. How does the store characterize this move?

A cake shop in Nantong was found out by relevant departments for selling icedundun shaped cakes. Currently, the shop is suspected of infringing the intellectual property rights of the Winter Olympics Organizing Committee, and related products have been removed from the shelves. The involved products The amount is still under investigation.

1. Answers to the Intellectual Property Rights of the Winter Olympics

Usually, the Olympic Committee and the host city will sign relevant requirements, including knowledge about Olympic symbols and mascots during the Olympic Games. According to property rights regulations, during the Olympic Games, all Olympic-related intellectual property rights are owned by the International Olympic Committee. Therefore, during the Winter Olympics in my country, all intellectual property rights of the Olympic logo, Bingdundun and Xuerongrong are owned by the Olympic Committee. and supervise.

2. The store’s behavior involves infringement

The store did not have the permission and authorization of the Olympic Organizing Committee. The store sold ice-shaped cakes in the store and on the online platform. The store's own profit has violated the above-mentioned agreement requirements, and also violated my country's "Trademark Law", "Copyright Law of the People's Republic of China" and other relevant regulations.

After the report, the market supervision department has collected relevant evidence and ordered the store to immediately stop the infringement and remove the relevant products from the shelves. Subsequent penalties will be imposed based on the amount of profit.

According to the law, if the circumstances are relatively minor, a warning and a fine of not more than 1,000 yuan may be imposed. If the circumstances are relatively serious, the amount involved is relatively large, and it causes serious negative impacts, a term of not less than one year but not more than three years may be imposed. of fixed-term imprisonment.

3. How to identify infringement

After the incident, many netizens asked whether the portrait of Bing Dundun should also be held responsible. Experts also gave interpretations of the infringement here. The purpose is to use Bingdundun's intellectual property rights to make profits for oneself. The nature of the infringement is trading or selling, involving economic interests. This is a typical infringement.

If you make your own pasta and eat it yourself, it will not damage the intellectual property rights or the economic interests of the Olympic Committee, it will not constitute an infringement, and you will not need to bear corresponding penalties.