Regulations on the Protection of Olympic Logo
Article 1 The Regulation is formulated on the purpose to strengthen the protection of Olympic logo, protect obligees' legal interest in Olympic logo and defend the dignity of the Olympic Movement.
Article 2 The so called Olympic logo in the Regulation means:
1. The five-ring emblem, Olympic flag, Olympic motto, Olympic emblem and Olympic theme song of International Olympic Committee.
2. Special names such as Olympic, Olympia, the Olympic game and their abbreviation.
3. Name, emblem, logo of Chinese Olympic Committee.
4. Name, emblem, logo of Beijing 2008 Olympic Games Bid Committee.
5. The name, emblem of Beijing Organizing Committee for the Games of the 29th Olympiad, the mascot, theme song, slogan of the 29th Olympic Games, "Beijing 2008", the 29th Olympic Games and its abbreviation.
6. Other logos related to the 29th Olympic Games stipulated under "Olympic Chart" and "Contract on Host City of the 29th Olympic Games".
Article 3 The so called obligees of Olympic logo means International Olympic Committee, Chinese Olympic Committee and Organizing Committee of the 29th Olympiad. Division on right among International Olympic Committee, Chinese Olympic Committee and Organizing Committee of the 29th Olympiad shall be determined under "Olympic Chart" and "Contract on Host City of the 29th Olympic Games".
Article 4 The obligees of Olympic logo share special right on Olympic logo under the Regulation. Any one shall not use Olympic logo for the purpose of business (including potential business purpose, valid for the following) without the permission of obligees of Olympic.
Article 5 The so called use for the purpose of business under the Regulation means, someone use Olympic logo for the purpose of business, by the following ways:
1. Use Olympic logo on commodity, commodity package or container and document of commodity exchange;
2. Use Olympic logo into service items;
3. Use Olympic logo into advertising, business exhibition, commercial performance and other commercial activities;
4. Sell, import and export commodities which contain Olympic logo;
5. Manufacture or sell Olympic logo;
6. Other actions that may make people think that the party has auspices or other support relationship with obligees of Olympic logo to use Olympic logo.
Article 6 The department of industrial and commercial administration of the State Council will be responsible for nation-wide protection of Olympic logo under the stipulation of the Regulation. Local department of industrial and commercial administration above county level will be responsible for the protection of Olympic logo of the administrative area under the stipulation of the Regulation.
Article 7 Obligees of Olympic logo should report Olympic logo to the department of industrial and commercial administration of the State Council for the record, and the department of industrial and commercial administration of the State Council shall make proclamation.
Article 8 The organizations or individuals who can use Olympic logo for the purpose of business after permission by Obligees of Olympic logo should enter into license contract on use with Obligees of Olympic logo, of which, the organizations or individuals who use Olympic logo stipulated under the 1st and 2nd items of Article II should enter into contract with International Olympic Committee and the organizations authorized and approved by International Olympic Committee; the organizations or individuals who use Olympic logo stipulated under the 3rd items of Article II should enter into contract with Chinese Olympic Committee; the organizations or individuals who use Olympic logo stipulated under the 4th , 5th and 6th items of Article II should enter into contract with Organizing Committee of the 29th Olympiad by the end of December 31st, 2008. Obligees of Olympic logo should report license contract on use to the department of industrial and commercial administration of the State Council for the record. The Licensee can use Olympic logo only in the region and period stipulated under the Contract in case that license contract on use is entered into under the former article.
Article 9 The organizations or individuals who have already used Olympic logo before the implementation of the Regulation under the law can continue to use within the original scope.
Article 10 Use of Olympic logo for the purpose of business without permission by Obligees of Olympic logo which infringed special right of Olympic logo and resulted in dispute should be settled by negotiation; in case of unwilling or unsettled negotiation, Obligees of Olympic logo or the related Party can lodge a complaint to the People's Court or apply for disposition to the department of industrial and commercial administration. When disposition, in case of tort confirmed, the department of industrial and commercial administration will charge to stop the tort immediately, confiscate, destroy the illegal commodity and tools specially used to manufacture illegal commodity and manufacture Olympic logo presumptuously for the purpose of business, for illicit income, confiscate illicit income and forfeit no more than 5 times of the illicit income; in case of no illicit income, can forfeit no more than 50 thousand. In case of dissatisfaction with the disposition, the party can lodge a complaint to the People's count under " Administrative Lawsuit Law of the People's Republic of China" within 15 days after receiving the notification of disposition. In case of no complaint and performance within the period, the department of industrial and commercial administration can apply for forcible execution to the People's Court, and the department of industrial and commercial administration can mediate the compensated amount of resulting from infringing special right of Olympic logo; in case of failing to mediate, the party can lodge a complaint to the People’s count under "Administrative Lawsuit Law of the People's Republic of China". Activities of using Olympic logo to defraud, offending laws, should be convicted as grift and other crimes under criminal law.
Article 11 the department of industrial and commercial administration has right to investigate and handle the actions that violate the special right of Olympic logo.
Department of industrial and commercial administration can execute the following authority for the actions that violate the special right of Olympic logo based on suspicious attestation obtained or prosecution.
1. Ask related party to investigate the cases related to violation of special right of Olympic logo:
2. Consult and copy contract, invoice, account book and other related files related to tort;
3. Implement on-the-spot check to the location that the party was engaged in actions which is suspiciously violate special right of Olympic logo;
4. Check articles related to violation; seal up or detain articles that are proved to violate special right of Olympic logo. When department of industrial and commercial administration executes the right stipulated in the former article, the party should coordinate, support without refusal and obstruction.
Article 12 Imports & Exports that are suspiciously violating special right of Olympic logo shall be investigated and disposed under the purview and procedure of "Custom Law of the People's Republic of China" and "Regulation on Intellectual Property Custom Protection of the People's Republic of China".
Article 13 the compensated amount of impinging special right of Olympic logo should be determined by the loss suffered by obligee for tort or the benefit obtained by the other side for tort, including reasonable expenditure paid for refraining tort; in case the loss of obligee or the benefit of the other side is difficult to determined, it should be determined reasonably under the fees of license use of Olympic logo. The organizations or individuals who don't know the commodity sold impinging special right of Olympic logo, shall not bear responsibility of compensation if he/she is able to prove that the commodity is got legally and can tell about the provider of the commodity.
Article 14 In addition to the Regulation, Olympic logo can be protected under the stipulations of laws and administrative statute such as "Copyright Law of the People's Republic of China", "Trademark Law of the People's Republic of China", "Patent Law of the People's Republic of China" and "Administrative Regulations on Special Logo".
Article 15 The Regulation will come into force from Apr. 1st, 2002.
Article 2 The so called Olympic logo in the Regulation means:
1. The five-ring emblem, Olympic flag, Olympic motto, Olympic emblem and Olympic theme song of International Olympic Committee.
2. Special names such as Olympic, Olympia, the Olympic game and their abbreviation.
3. Name, emblem, logo of Chinese Olympic Committee.
4. Name, emblem, logo of Beijing 2008 Olympic Games Bid Committee.
5. The name, emblem of Beijing Organizing Committee for the Games of the 29th Olympiad, the mascot, theme song, slogan of the 29th Olympic Games, "Beijing 2008", the 29th Olympic Games and its abbreviation.
6. Other logos related to the 29th Olympic Games stipulated under "Olympic Chart" and "Contract on Host City of the 29th Olympic Games".
Article 3 The so called obligees of Olympic logo means International Olympic Committee, Chinese Olympic Committee and Organizing Committee of the 29th Olympiad. Division on right among International Olympic Committee, Chinese Olympic Committee and Organizing Committee of the 29th Olympiad shall be determined under "Olympic Chart" and "Contract on Host City of the 29th Olympic Games".
Article 4 The obligees of Olympic logo share special right on Olympic logo under the Regulation. Any one shall not use Olympic logo for the purpose of business (including potential business purpose, valid for the following) without the permission of obligees of Olympic.
Article 5 The so called use for the purpose of business under the Regulation means, someone use Olympic logo for the purpose of business, by the following ways:
1. Use Olympic logo on commodity, commodity package or container and document of commodity exchange;
2. Use Olympic logo into service items;
3. Use Olympic logo into advertising, business exhibition, commercial performance and other commercial activities;
4. Sell, import and export commodities which contain Olympic logo;
5. Manufacture or sell Olympic logo;
6. Other actions that may make people think that the party has auspices or other support relationship with obligees of Olympic logo to use Olympic logo.
Article 6 The department of industrial and commercial administration of the State Council will be responsible for nation-wide protection of Olympic logo under the stipulation of the Regulation. Local department of industrial and commercial administration above county level will be responsible for the protection of Olympic logo of the administrative area under the stipulation of the Regulation.
Article 7 Obligees of Olympic logo should report Olympic logo to the department of industrial and commercial administration of the State Council for the record, and the department of industrial and commercial administration of the State Council shall make proclamation.
Article 8 The organizations or individuals who can use Olympic logo for the purpose of business after permission by Obligees of Olympic logo should enter into license contract on use with Obligees of Olympic logo, of which, the organizations or individuals who use Olympic logo stipulated under the 1st and 2nd items of Article II should enter into contract with International Olympic Committee and the organizations authorized and approved by International Olympic Committee; the organizations or individuals who use Olympic logo stipulated under the 3rd items of Article II should enter into contract with Chinese Olympic Committee; the organizations or individuals who use Olympic logo stipulated under the 4th , 5th and 6th items of Article II should enter into contract with Organizing Committee of the 29th Olympiad by the end of December 31st, 2008. Obligees of Olympic logo should report license contract on use to the department of industrial and commercial administration of the State Council for the record. The Licensee can use Olympic logo only in the region and period stipulated under the Contract in case that license contract on use is entered into under the former article.
Article 9 The organizations or individuals who have already used Olympic logo before the implementation of the Regulation under the law can continue to use within the original scope.
Article 10 Use of Olympic logo for the purpose of business without permission by Obligees of Olympic logo which infringed special right of Olympic logo and resulted in dispute should be settled by negotiation; in case of unwilling or unsettled negotiation, Obligees of Olympic logo or the related Party can lodge a complaint to the People's Court or apply for disposition to the department of industrial and commercial administration. When disposition, in case of tort confirmed, the department of industrial and commercial administration will charge to stop the tort immediately, confiscate, destroy the illegal commodity and tools specially used to manufacture illegal commodity and manufacture Olympic logo presumptuously for the purpose of business, for illicit income, confiscate illicit income and forfeit no more than 5 times of the illicit income; in case of no illicit income, can forfeit no more than 50 thousand. In case of dissatisfaction with the disposition, the party can lodge a complaint to the People's count under " Administrative Lawsuit Law of the People's Republic of China" within 15 days after receiving the notification of disposition. In case of no complaint and performance within the period, the department of industrial and commercial administration can apply for forcible execution to the People's Court, and the department of industrial and commercial administration can mediate the compensated amount of resulting from infringing special right of Olympic logo; in case of failing to mediate, the party can lodge a complaint to the People’s count under "Administrative Lawsuit Law of the People's Republic of China". Activities of using Olympic logo to defraud, offending laws, should be convicted as grift and other crimes under criminal law.
Article 11 the department of industrial and commercial administration has right to investigate and handle the actions that violate the special right of Olympic logo.
Department of industrial and commercial administration can execute the following authority for the actions that violate the special right of Olympic logo based on suspicious attestation obtained or prosecution.
1. Ask related party to investigate the cases related to violation of special right of Olympic logo:
2. Consult and copy contract, invoice, account book and other related files related to tort;
3. Implement on-the-spot check to the location that the party was engaged in actions which is suspiciously violate special right of Olympic logo;
4. Check articles related to violation; seal up or detain articles that are proved to violate special right of Olympic logo. When department of industrial and commercial administration executes the right stipulated in the former article, the party should coordinate, support without refusal and obstruction.
Article 12 Imports & Exports that are suspiciously violating special right of Olympic logo shall be investigated and disposed under the purview and procedure of "Custom Law of the People's Republic of China" and "Regulation on Intellectual Property Custom Protection of the People's Republic of China".
Article 13 the compensated amount of impinging special right of Olympic logo should be determined by the loss suffered by obligee for tort or the benefit obtained by the other side for tort, including reasonable expenditure paid for refraining tort; in case the loss of obligee or the benefit of the other side is difficult to determined, it should be determined reasonably under the fees of license use of Olympic logo. The organizations or individuals who don't know the commodity sold impinging special right of Olympic logo, shall not bear responsibility of compensation if he/she is able to prove that the commodity is got legally and can tell about the provider of the commodity.
Article 14 In addition to the Regulation, Olympic logo can be protected under the stipulations of laws and administrative statute such as "Copyright Law of the People's Republic of China", "Trademark Law of the People's Republic of China", "Patent Law of the People's Republic of China" and "Administrative Regulations on Special Logo".
Article 15 The Regulation will come into force from Apr. 1st, 2002.
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