Article 1
These Regulations are herewith formulated for the purposes of
strengthening the protection of the World Exposition symbols, and
safeguarding the legitimate rights and interests of the
right-holders of the World Exposition symbols.
Article 2
For the purposes of these Regulations, "the World Exposition
symbols" refer to:
(1) The name (including the full name, short name, translated
name and abbreviations, hereinafter the same), emblem, or other
symbols of the bidding organization of the World Exposition
Shanghai China 2010;
(2) The name, emblem or other symbols of the organizer of the
World Exposition Shanghai China 2010;
(3) The name, emblem, flag, mascot, anthem, thematic term, and
slogan of the World Exposition Shanghai China 2010;
(4) The flag of the International Bureau of Exhibitions.
Article 3
For the purpose of these Regulations, "right-holders of the
World Exposition symbols" refer to the organizer of the World
Exposition Shanghai China 2010 and the International Bureau of
Exhibition.
The organizer of the World Exposition Shanghai China 2010 is the
right holder of the World Exposition symbols provided in Item 1,
Item 2 and Item 3 of Article 2 of these Regulations. The division
of the rights of the World Exposition symbols provided in Item 4 of
Article 2 between the organizer of the World Exposition Shanghai
China 2010 and the International Bureau of Exhibition will be
determined in accordance with the Bid Documents, the Registration
Documents of the World Exposition Shanghai China 2010 and the
Regulations Concerning the Use of the International Exhibitions'
Flag.
Article 4
The right-holders of the World Exposition symbols own the
exclusive rights of the World Exposition symbols according to these
Regulations.
No one may use the World Exposition symbols for commercial
purposes (including potential commercial purposes, hereinafter the
same) without the authorization of the right-holders of the World
Exposition symbols.
Article 5
For the purposes of these Regulations, "use for commercial
purposes" means the use of the World Exposition symbols for
profit-making purposes in the following ways:
(1) The use of the World Exposition symbols in goods, packaging
or containers of goods or trade documents of goods;
(2) The use of the World Exposition symbols in the service
industry;
(3) The use of the World Exposition symbols in advertising and
publicizing, commercial exhibitions, profit-making performances and
other commercial activities;
(4) Selling, importing or exporting the goods bearing the World
Exposition symbols;
(5) Manufacturing or selling the World Exposition symbols;
(6) Using the World Exposition symbols in trade name to apply
for the registration of enterprise name, which may mislead or
confuse the market;
(7) Other acts of using the World Exposition symbols that might
mislead people to infer license relationships between the doer of
the act and the right-holders of the World Exposition symbols.
Article 6
The administrative department for industry and commerce under
the State Council shall, in accordance with the provisions of these
Regulations, be responsible for the protection of the World
Exposition symbols throughout the country.
The administrative department for industry and commerce at or
above the county level shall, in accordance with the provisions of
these Regulations, be responsible for the protection of the World
Exposition symbols within their respective administrative
areas.
Article 7
The right-holders of the World Exposition symbols shall report
their World Exposition symbols for the record to the administrative
department for industry and commerce under the State Council, which
shall make a public announcement therefor.
Article 8
The World Exposition symbols that have been lawfully used before
the effective date of these Regulations may be continually used
within the original limits.
Article 9
Where a dispute arises from the arbitrary use of the World
Exposition symbols for commercial purposes without the
authorization of the right-holders of the World Exposition symbols,
that is, from the infringement upon the exclusive rights of the
World Exposition symbols, the matter may be settled through the
consultation by the parties concerned; if the parties concerned are
unwilling to consult or the consultation fails, the right-holders
of the World Exposition symbols or the interested parties may
institute legal proceedings in the people's court according to law
or request the administrative department for industry and commerce
to handle the case.
Upon the request of the parties concerned, the administrative
department for industry and commerce may mediate on the amount of
compensation for the loss caused by the infringement of the
exclusive rights of the World Exposition symbols; if the mediation
fails, any parties concerned may, in accordance with the relevant
laws, institute legal proceedings in the people's court.
Article 10
When an administrative department for industry and commerce, on
the basis of the evidence or information, obtained for a suspected
violation of law, conducts investigation into a suspected
infringement upon the exclusive rights of the World Exposition
symbols, it may exercise the following functions and powers:
(1) Questioning the parties concerned to find out the facts
regarding the infringement upon the exclusive rights of the World
Exposition symbols;
(2) Checking and reproducing the contracts, invoices, accounting
books and other materials related to the infringement;
(3) Conducting on-the-spot inspection of the premises where the
suspected party carries out activities infringing upon the
exclusive rights of the World Exposition symbols;
(4) Inspecting articles involved in the infringement; sealing or
seizing the articles that are proven to be used for infringing upon
the exclusive rights of the World Exposition symbols.
When the administrative department for industry and commerce
exercises the functions and powers provided for in the preceding
paragraph in accordance with law, the parties shall assist and
cooperate with it and may not refuse to do so or stand in its
way.
Article 11
Where the administrative department for industry and commerce
determines that the fact of infringement is established, it shall
order the infringer to cease the infringement, and it shall
confiscate and destroy the goods involved and the special tools for
manufacturing the infringing goods or for manufacturing the World
Exposition symbols for commercial purposes without authorization;
if there has been illegal proceeds, the administrative department
for industry and commerce shall confiscate the illegal proceeds and
may concurrently impose a fine of no more than five times of the
illegal proceeds; if there is no illegal proceeds, a fine of no
more than RMB 50,000 may be imposed concurrently.
Where a person uses the World Exposition symbols to conduct
swindle or other illegal activities, he whose act constitutes a
crime shall, in accordance with relevant laws, be investigated for
criminal liabilities.
Article 12
The goods that infringe upon the exclusive rights of the World
Exposition symbols shall be banned from being imported or exported.
The provisions of the Regulations of the People's Republic of China
on the Customs Protection of Intellectual Property Rights shall
apply to the procedure of the Customs protection of the exclusive
rights of the World Exposition symbols.
Article 13
The amount of compensation for the loss caused by the
infringement of the exclusive rights of the World Exposition
symbols shall be determined on the basis of the loss that the right
holder has suffered from the infringement or the profit that the
infringer has obtained through the infringement, including the
reasonable expenses paid for investigating the infringement; where
the loss suffered from the infringement or the profit obtained by
the infringer are difficult to determine, the compensation shall be
reasonably determined with reference to the licensing fees for
using the World Exposition symbols.
Those who unknowingly sell goods infringing upon the exclusive
rights of the World Exposition symbols and can prove that the goods
were acquired lawfully and can identify the supplier shall not bear
any compensation liability.
Article 14
Any entity or individual may report to the administrative
department for industry and commerce or other administrative
departments concerned against any act of the using of the World
Exposition symbols in violation of the provisions of these
Regulations.
Article 15
In addition to these Regulations, the World Exposition symbols
are also protected by the provisions of other laws and
administrative regulations such as 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 Anti-unfair Competition Law of the People's Republic of
China and the Regulations on Administration of Special Symbols.
Article 16
These Regulations shall enter into force as of December 1st,
2004.
(China.org.cn)