Article 1 These Regulations are formulated for
the purposes of strengthening the protection of Olympic Symbols,
protecting the lawful rights and interests of the owners of the
Olympic Symbols, and ensuring the dignity of the Olympic
Movement.
Article 2 Olympic Symbols mentioned in these
Regulations refer to:
(1) The Five Olympic Rings of the International Olympic
Committee (hereinafter referred to as the IOC), Flag, Motto,
Emblem, and Anthem of the Olympic Games;
(2) The special terms of OLYMPIC, OLYMPIAD, OLYMPIC GAMES and
their abbreviations;
(3) The name, emblem and symbol of the Chinese Olympic Committee
(hereinafter referred to as the COC);
(4) The name, emblem and symbol of the Beijing2008 Olympic Games
Bid Committee;
(5) The name and emblem of the Organizing Committee of Games of
the XXIX Olympiad; the mascots, anthem and slogans of the XXIX
Olympic Games; the 'Beijing2008', the XXIX Olympic Games and their
abbreviations;
(6) Other symbols related to the XXIX Olympic Games prescribed
in Olympic Charter and Host City Contract for the Games of the XXIX
Olympiad.
Article 3 The right owners of the Olympic
Symbols in these Regulations refer to the IOC, the COC, and the
Organizing Committee of Games of the XXIX Olympiad (hereinafter
referred as BOCOG).
The division of the rights among the IOC, the COC and the BOCOG
shall be confirmed according to the stipulations in Olympic Charter
and Host City Contract for the Games of the XXIX Olympiad.
Article 4 The right owners of the Olympic
Symbols shall enjoy the exclusive right according to these
Regulations.
Without the authorization of the right owners of the Olympic
Symbols (hereinafter referred as the right owner), no one may use
the Olympic Symbols for business purposes (includes the potential
business purposes, the same hereinafter).
Article 5 The Use for Business Purposes in
these Regulations refers to use the Olympic Symbols to make profits
in the following ways:
(1) To use the Olympic Symbols on the commodities, the package
or the container of the commodities, and the related trade
documents;
(2) To use the Olympic Symbols in the service items;
(3) To use the Olympic Symbols in advertisements, commercial
exhibitions, commercial performance and other commercial
activities;
(4) To sell, import and export the commodities with the Olympic
Symbols;
(5) To produce or sell the Olympic Symbols;
(6) Any other activities may make the third parties believe that
there are sponsorship or other support relationships between the
users and the right owners of the Olympic Symbols.
Article 6 The administration departments for
industry and commerce under the State Council shall be responsible
for the protection of the Olympic Symbols according to the
provisions of these regulations.
The administration departments for industry and commerce at or
above the county level shall be responsible for the protection of
the Olympic Symbols in their administrative areas according to the
provisions of these regulations.
Article 7 The right owners shall report the
Olympic Symbols to the administration departments for industry and
commerce under the State Council for record. The records shall be
proclaimed by the administration departments for industry and
commerce.
Article 8 Anyone, who has the authorization to
use the Olympic Symbols for business purpose from the right owners,
shall make the license contract of using the Olympic Symbols with
the right owners. Those, who use the Olympic Symbols in the ways
mentioned in article 2 item 1 and item 2, shall make contracts with
IOC and the institutions authorized or approved by IOC. Those, who
use the Olympic Symbols in the ways mentioned in article 2 item 3,
shall make contracts with COC. Those, who use the Olympic Symbols
in the ways mentioned in article 2 item 4, item 5 and item 6, shall
make contracts with BOCOG by December 31, 2008. The right owners of
the Olympic Symbols shall report the license contracts to the
administration departments for industry and commerce under the
State Council for record.
Those, who have made the license contracts according to the
formal item of these Regulations, shall use the Olympic Symbols
within the field and duration stipulated in the contracts.
Article 9 Anyone, who has legally use the
Olympic Symbols according to laws before these Regulations went
into force, may continue to use the Olympic Symbols within the
primary scope.
Article 10 No one shall use the Olympic Symbols
without the authorization of the right owner for business purpose.
Such acts infringe the exclusive right of the right owner. The
dispute over the infringement of the exclusive right of the Olympic
Symbols may be settled by mediation. If one of the parties refuses
to mediate or the mediation is unsuccessful, the right owner of the
Olympic Symbols or other interested persons may litigate it to the
court, or claim for the resolution to the administration
departments for industry and commerce. If the administration
departments for industry and commerce affirmed the infringements
while they handled such cases, the administration departments for
industry and commerce shall order the infringers to stop the
infringements immediately, and then confiscate and deface the
infringement commodities and the special tools for producing the
infringement commodities or the Olympic Symbols for business
purpose. The illegal gains of the infringers may also be
confiscated and the infringers shall also be fined under five times
of the illegal gains. If there are no illegal gains, the infringers
may be fined under 50,000 RMB. Any infringers, within 15 days after
they received the written decision of the penalty, who object to
the administrative penalty, may institute proceedings in the courts
according to Law of Administrative Procedure of the People's
Republic of China. If the infringers neither institute proceedings
nor implement the decision within the above time limit, the
administration departments for industry and commerce may apply to
court for enforcement.
The administration departments for industry and commerce may
preside the mediation about the tort liability about the Olympic
Symbols according to the requirement of the related parties. If the
mediation is unsuccessful, the parties may institute directly to
the court according to Law of Civil Procedure of the People's
Republic of China.
If any one use the Olympic Symbols to enact defraud and other
illegal acts, if the offense constitutes a crime, they shall be
invested for criminal responsibility according to the law.
Article 11 The administration department for
industry and commerce has the right to investigate and deal with
the infringement of the exclusive right of the Olympic Symbols.
When the administration departments for industry and commerce
investigated and dealt with the infringement of the exclusive right
of the Olympic Symbols according to the evidences or report of the
offense, the administrative departments can exercise the following
functions and powers:
(1) To inquire the relevant parties, and to investigate the
situation of the infringements about the exclusive rights of the
Olympic Symbols;
(2) To consult and copy the contracts, invoices, account books
and other materials that related to the infringements;
(3) To investigate the scene related to the infringements about
the exclusive rights of the Olympic Symbols;
(4) To investigate the goods related to the infringements; to
close up and sequestrate the goods that can be proved of
infringement.
When the administration departments for industry and commerce
exercise the above functions and powers, the related parties shall
assist and cooperate the administrative department, and shall not
refuse and obstruct it.
Article 12 If the imported and exported cargoes
were suspected of infringing the exclusive rights of the Olympic
Symbols, it shall be investigated and dealt with by the custom
according to the competency and procedures of Custom Law of The
People's Republic of China and Regulations on the Custom Protection
of Intellectual Property Rights of The People's Republic of
China.
Article 13 The amount of compensation of the
infringements of the Olympic Symbols shall be decided according to
the loss of the infringed, or the gain of the infringer caused by
the infringement, which includes the reasonable costs to deter the
infringements. If the loss of the infringed or the gain of the
infringer were not affirmed, the amount of the compensation shall
be referred to the fee of license use of the Olympic Symbols.
If anyone sold the goods that infringe the exclusive rights of
the Olympic Symbols, and could prove his legal acquisition of the
goods and give information of the suppliers, he will not bear the
corresponding compensation liabilities.
Article 14 Besides under the protection of
these Regulations, the Olympic Symbols shall also be protected
under the provisions of the related laws and regulations, 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 Regulations on the Administration of Special
Signs.
Article 15 This Regulation shall be implemented as of April 1,
2002.
(China.org.cn)