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The Regulations on the Protection of Olympic Symbols are designed to strengthen the protection of Olympic symbols
Olympic symbol
The regulations are formulated to protect the legitimate rights and interests of the right holders of Olympic symbols and promote the development of the Olympic Movement.
[2]
On February 4, 2002,
Decree of The State Council of the People's Republic of China (No.345)
The Regulations on the Protection of Olympic Symbols shall come into force on April 1, 2002
[4]
. June 28, 2018, according to
Decree of The State Council of the People's Republic of China (No. 699)
Revised and effective as of July 31, 2018.
[2]
- Chinese name
- Regulations for the Protection of Olympic Symbols
- Promulgation time
- February 4, 2002
- Implementation time
- 1 April 2002
- Publishing unit
- State Council, People's Republic of China
- Document number
- Decree of The State Council of the People's Republic of China (No.345)
- Latest revision
- June 28, 2018
Signed by Premier Zhu Rongji on January 30, 2002
Decree of The State Council of the People's Republic of China (No.345)
The Regulations on the Protection of Olympic Symbols, adopted at the 54th Executive Meeting of The State Council, are hereby promulgated and shall come into force as of April 1, 2002.
[4]
2018年6月28日，国务院总理李克强签署
Decree of The State Council of the People's Republic of China (No. 699)
Promulgated the revised Regulations on the Protection of Olympic Symbols, which will come into force on July 31, 2018.
[2]
Regulations for the Protection of Olympic Symbols
(Promulgated by Decree No. 345 of The State Council of the People's Republic of China on February 4, 2002 and amended by Decree No. 699 of The State Council of the People's Republic of China on June 28, 2018)
Article 1 These Regulations are formulated for the purpose of strengthening the protection of the Olympic symbols, safeguarding the lawful rights and interests of the right holders of the Olympic symbols and promoting the development of the Olympic Movement.
Article 2 The Olympic symbols mentioned in these Regulations refer to:
(1) the Olympic emblem of the International Olympic Committee, the Olympic flag, the Olympic motto, the Olympic emblem, and the Olympic anthem;
(2) Proper names such as Olympic, Olympia, Olympic Games and their abbreviation;
(3) the name, emblem and logo of the Chinese Olympic Committee;
(4) the names, emblems and emblems of organizations within China that apply to host the Olympic Games;
(5) the name and abbreviation of the Olympic Games held in China, the mascot, the anthem, the shape of the torch, the slogan, the "name of the host city + the year of the Olympic Games" and other symbols, as well as the names and emblems of its organizations;
(6) Other symbols relating to the Olympic Games held within the territory of China as stipulated in the Olympic Charter and the relevant Olympic Games host City contracts.
Article 3 The term "right holders of Olympic symbols" as used in these Regulations refers to the International Olympic Committee, the Chinese Olympic Committee and the organizations within China that apply to host the Olympic Games and the organizations of the Olympic Games held within China.
The division of rights between the International Olympic Committee, the Chinese Olympic Committee, the organizations in China applying to host the Olympic Games and the organizations of the Olympic Games held in China shall be determined in accordance with the Olympic Charter and the relevant Olympic Games host city contracts.
Article 4 The right holder of the Olympic symbol shall have the exclusive right to the Olympic symbol in accordance with these Regulations.
No one may use the Olympic symbol for commercial purposes without the permission of the right holder 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-making purposes in the following ways:
(1) The use of the Olympic symbol on commodities, commodity packages or containers, and commodity trading instruments;
(2) the use of the Olympic symbol in service projects;
(3) the use of the Olympic symbol in advertising, commercial exhibitions, commercial performances and other commercial activities;
(4) selling, importing or exporting commodities containing the Olympic symbols;
(5) Manufacturing or selling Olympic symbols;
(6) Other acts of using the Olympic symbols for profit purposes.
Article 6 In addition to the provisions of Article 5 of these Regulations, the use of elements related to the Olympic Movement to carry out activities that are enough to cause people to be mistaken for sponsorship or other support relations with the right holder of the Olympic symbol, which constitutes an act of unfair competition, shall be dealt with in accordance with the Law of the People's Republic of China against Unfair Competition.
Article 7 The department for market supervision and administration under The State Council and the competent department for intellectual property rights shall, in accordance with the provisions of these Regulations, be responsible for the protection of Olympic symbols throughout the country.
Local market supervision and administration departments at or above the county level shall, in accordance with the provisions of these Regulations, be responsible for the protection of Olympic symbols within their respective administrative areas.
Article 8 The right holder of the Olympic symbol shall submit the Olympic symbol to the competent intellectual property authority under The State Council, which shall announce it.
Article 9 The Olympic emblem shall be valid for 10 years, counted from the date of announcement.
The right holder of the Olympic symbol may apply for renewal within 12 months prior to the expiration of its validity period. Each renewal shall be valid for 10 years, counting from the day after the expiration of the previous term of validity of the Olympic symbol. The competent intellectual property authority under The State Council shall announce the renewal of the Olympic symbol.
Article 10 Those who obtain permission from 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 disclose in a timely manner the type of the Olympic symbol it is permitted to use, the licensee, the goods or services it is permitted to use, the time limit, the geographical scope and other information.
The licensee shall use the Olympic symbols within the categories, goods or services to be used, 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 Where, without the permission of the right holder of the Olympic symbol, the Olympic symbol is used for commercial purposes without authorization, or the use of a similar symbol that is enough to cause misidentification, that is, the exclusive right of the Olympic symbol is infringed upon and a dispute arises, the parties concerned shall settle it through consultation; If they are unwilling to negotiate or fail to negotiate, the Olympic symbol right holder or interested party may file a lawsuit with the people's court or request the market supervision and administration department to handle the matter. Where the market supervision and administration department finds that the infringing act is established, it shall order it to stop the infringing act immediately, confiscate and destroy the infringing commodities and the tools mainly used for manufacturing the infringing commodities or making the Olympic symbols without authorization for commercial purposes. If the amount of illegal business is more than 50,000 yuan, a fine of not more than five times the amount of illegal business may be imposed, and if there is no illegal business or the amount of illegal business is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If the party concerned is not satisfied with the decision, it may apply for administrative reconsideration in accordance with the Law of the People's Republic of China on Administrative Reconsideration, or it may directly bring a lawsuit in a People's court in accordance with the Administrative Procedure Law of the People's Republic of China. At the request of the party concerned, the market supervision and administration department handling the case may mediate the amount of compensation for infringement of the exclusive right of the Olympic symbol; If mediation fails, the parties may bring a lawsuit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.
Whoever uses the Olympic symbol to commit fraud or other activities, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 13 Market supervision and administration departments shall have the right to investigate and deal with any infringement of the exclusive right of the Olympic symbol according to law.
Market supervision and administration departments may exercise the following functions and powers when investigating suspected violations of the exclusive rights of Olympic symbols on the basis of evidence or reports of suspected violations obtained:
(1) to question the parties concerned and investigate the circumstances relating to the infringement of the exclusive right of the Olympic symbol;
(2) to consult and copy contracts, invoices, account books and other relevant materials related to infringing activities;
(3) Carry out on-site inspection of the places where the parties are suspected of infringing the exclusive right of the Olympic symbol;
(4) inspect articles related to infringing activities; Articles that have been proved by evidence to infringe upon the exclusive right of the Olympic symbol shall be sealed up or seized.
When the market supervision and administration department exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall provide assistance and cooperation, and may not refuse or obstruct.
Article 14 Where the import and export goods are suspected of infringing the exclusive right of the Olympic symbol, the Customs shall investigate and handle them by referring 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 the Customs Protection of Intellectual Property Rights.
Article 15 The amount of compensation for infringement of the exclusive right of the Olympic symbol shall be determined according to the losses suffered by the right holder or the benefits gained by the infringer, including the reasonable expenses paid to stop the infringing act; If it is difficult to determine the infringed party's loss or the benefit obtained by the infringed party, it shall be reasonably determined with reference to the license fee of the Olympic symbol.
Anyone who sells a commodity without knowing that it infringes the exclusive right of the Olympic symbol and can prove that the commodity was legally acquired by himself and the supplier shall not be liable for compensation.
Article 16 In addition to being protected in accordance with these Regulations, the Olympic symbols may also be protected in accordance with the provisions of 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, the Regulations on the Administration of Special Symbols and other laws and administrative regulations.
Article 17 The protection of Paralympic emblems shall be carried out in accordance with these Regulations.
Article 18 These Regulations shall come into force as of July 31, 2018.
[2]
2018年6月，国务院总理李克强签署国务院令，公布修订后的《奥林匹克标志保护条例》，自2018年7月31日起施行。
The Regulations on the Protection of Olympic Symbols, promulgated in 2002, played an important role in ensuring the smooth hosting of the 2008 Beijing Olympic Games. With the success of the bid for the 2022 Beijing Winter Olympics, it is necessary to further strengthen the protection of the relevant symbols of the 2022 Beijing Winter Olympics into the scope of protection. The revised regulations have revised and improved the relevant systems in terms of the scope, recognition and protection of Olympic symbols.
The Regulations expand the scope of the Olympic symbol and its right holders, stipulating that the Olympic symbol shall be the relevant symbol for the bidding and holding of the Olympic Games within the territory of China, and the right shall be the bidding and organizing institution for the holding of the Olympic Games within the territory of China; The protection of Paralympic emblems shall be carried out in accordance with these Regulations.
The Regulations improve the procedures for the recognition and licensing of Olympic symbols, and stipulate that the right holder shall submit the Olympic symbols to the competent intellectual property authority under The State Council for announcement; The use of the Olympic symbol for commercial purposes shall conclude a license contract with the right holder, and the right holder shall disclose in a timely manner the types of the Olympic symbol permitted in the contract, the licensee, the items of goods or services permitted to be used, the time limit and the geographical scope of use.
The Regulations add the validity period and renewal procedures of the Olympic symbols, stipulating that the validity period of the Olympic symbols is 10 years and can be renewed at the expiration of the term.
The Regulations strengthen the protection of the exclusive right of the Olympic symbol, stipulating that the unauthorized use of the Olympic symbol for commercial purposes without permission, or the use of similar symbols that are enough to cause mistaken identification, is a violation of the exclusive right of the Olympic symbol. At the same time, the intensity of administrative penalties will be increased, and the amount of fines for violations of the exclusive rights of Olympic symbols will be increased.
The Regulations increase the regulation of hidden marketing activities, stipulating that the use of elements related to the Olympic movement to carry out activities, enough to cause people to mistakenly believe that there is a sponsorship or other support relationship with the Olympic logo right holder, constituting an act of unfair competition, in accordance with the Anti-unfair competition law.
[1]
In July 2018, the heads of the Ministry of Justice, the General Administration of Sport, the General Administration of Market Supervision and the Intellectual Property Office answered questions from reporters on the revised Regulations on the Protection of Olympic Symbols.
Question:
Please brief us on the background and process of the revision of the Regulations
A:
Protecting the Olympic symbols is the obligation of the host country of the Olympic Games, the requirement of the Olympic Charter, and an important part of the bidding documents such as the Olympic bid report and the host city contract. In 2002, China formulated and implemented the Regulations on the Protection of Olympic Symbols, which mainly focused on the protection of the Olympic symbols of the Beijing 2008 Olympic Games, and played an important role in ensuring the smooth holding of the 2008 Beijing Olympic Games. With the success of the bid for the 2022 Beijing Winter Olympics, according to the requirements of the bid documents, it is necessary to further strengthen the protection of the relevant symbols of the 2022 Beijing Winter Olympics into the scope of protection, and regulate the hidden marketing behavior of making profits by creating false links with the Olympic movement. The current regulations have been unable to meet the requirements of the 2022 Beijing Winter Olympics, and relevant provisions such as the scope, recognition and protection of Olympic symbols need to be revised.
In July 2017, the General Administration of Sport and the former SAIC submitted the Regulations on the Protection of Olympic Symbols (Revised Draft for Examination) to The State Council. After receiving this, the former Legislative Affairs Office of The State Council solicited opinions from relevant departments, local governments, courts, enterprises, research institutions, groups, experts and scholars, and publicly solicited opinions from the public, and conducted research in Beijing and Zhangjiakou. On this basis, the former Legislative Affairs Office of The State Council, together with the General Administration of Sport, the former State Administration for Industry and Commerce, the Intellectual Property Office and the Beijing Winter Olympic Organizing Committee and other relevant departments, repeatedly studied and revised the submitted draft, and formed the "Olympic Symbols Protection Regulations (Revised Draft)".
Question:
What adjustments have been made to the scope of Olympic symbols in the Regulations
A:
In order to meet the needs of preparing for the 2022 Beijing Winter Olympic Games, the Regulations have adjusted the scope of Olympic symbols and their rights holders, extending the relevant symbols of the Beijing 2008 Olympic Games (the 29th Olympic Games) provided for in the current regulations to the relevant symbols of bidding for and holding the Olympic Games in China. The right holders shall be extended to the bidding and organizing organizations for the Olympic Games held in China. At the same time, in the spirit of the Olympic and Paralympic Games being equally wonderful, the protection shall be extended to the relevant symbols of the Paralympic Games, and the protection of relevant symbols of the Paralympic Games shall be implemented with reference to these Regulations.
Question:
What adjustments have been made to the procedures for the recognition and licensing of Olympic symbols in the Regulations
A:
In order to facilitate the right holders to exercise and safeguard their rights, the Regulations change the procedure for the Olympic symbol right holders to file and announce the Olympic symbol and its license contract with the administrative department for industry and Commerce under The State Council, as stipulated in the current Regulations, to that the right holders should submit the Olympic symbol to the intellectual property authority under The State Council and be announced by it; The use of the Olympic symbol for commercial purposes shall conclude a license contract with the right holder, and the right holder shall disclose in a timely manner the types of the Olympic symbol permitted in the contract, the licensee, the items of goods or services permitted to be used, the time limit and the geographical scope of use.
Question:
What adjustments have been made to the validity period of Olympic symbols in the Regulations
A:
After the scope of the Olympic symbols has been extended to the relevant symbols for bidding and holding the Olympic Games in China, in order to avoid the accumulation of some Olympic symbols that have lost market value and hindered subsequent trademark applications, the Regulations have added the validity period and renewal procedure of the Olympic symbols, providing that the Olympic symbols are valid for 10 years and can be renewed upon expiration. This provides both sustainable protection for the Olympic symbol and a voluntary withdrawal mechanism.
Question:
What measures have been taken in the Regulations to strengthen the protection of Olympic symbols
A:
In order to strengthen the protection of the Olympic symbols, the Regulations provide that: first, the infringement of the exclusive right of the Olympic symbols shall be extended to the use of similar symbols. The unauthorized use of the Olympic symbol for commercial purposes, or the use of a similar symbol that is misleading, constitutes an infringement of the exclusive right of the Olympic symbol. The second is to increase the intensity of administrative penalties and increase the amount of fines for violations of the exclusive rights of Olympic symbols. The third is to regulate the recessive marketing behavior. If the use of elements related to the Olympic Movement to carry out activities is enough to cause people to be mistaken for sponsorship or other support relations with the right holder of the Olympic symbol, which constitutes an act of unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law.
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