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The Beijing Organizing Committee for the 2008 Beijing Olympic Games yesterday denied the claim that the Dancing Beijing logo has been registered under a design patent by a domestic company.
"The report of the Guangzhou-based Nanfang City News, saying that Dancing Beijing has been used by a domestic company and registered under a design patent, is totally wrong. We have learned from the State Intellectual Property Rights Office that so far the office has not issued a design patent for Dancing Beijing or any other similar marks," said committee official Liu Yan.
Sources from the office said that it has not received any patent applications for Dancing Beijing or other similar marks.
About a week ago, the Nanfang City News reported that the Beijing Organizing Committee had only registered Dancing Beijing as a trademark, but had not applied for a design patent. The committee may have to pay for the design patent at some point in the next few years, according to the newspaper.
Liu said his committee has taken protection measures.
On May 19, the committee applied for trademark registration for Dancing Beijing from the State Administration of Industry and Commerce, to protect the 45 kinds of commodities and services that have paid for the right to use the logo.
In June, the committee applied for registration of the logo trademark in China's Taiwan and other countries and regions.
The committee signed an entrustment design agreement with the designer of Dancing Beijing at the very beginning, and thus the committee holds a copyright on the logo.
In line with the Regulation for Protecting Olympic Games Marks and the Beijing Regulation for Protecting Intellectual Property Rights of the Olympic Games, the committee applied in July for special mark protection from the State Administration for Industry and Commerce.
The committee has gained first rights to the trademark, a copyright and special mark protection. Any illegal use of the logo will be punished for trademark infringement, said Liu.
Shen Zhihe, a professor of Trademark Law with Renmin University of China, said that design patents must be connected with products, not the artistic design itself.
The Beijing Organizing Committee is not a venture itself, so it may not apply for design patents. However, this doesn't mean that others can apply for so-called patent protection for similar designs. The committee can ask the company to withdraw patent applications or resort to the courts if necessary, Shen said.
(China Daily December 10, 2003)
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