Attention merchants! These "Olympic label" infringement behavior must not
Businesses pay attention! These "Olympic" infringement should not be, 2022 Beijing Winter Olympics is an important historical node of China's major landmark activities, is to show the country's image, invigorate the national spirit of an important opportunity. Merchants pay attention! These "Olympic standard" infringement behavior should not be.
Businesses pay attention! These "Olympic standard" infringement should not be 1The Winter Olympics is approaching, now many companies, businesses like to use "rubbing the heat" in the form of advertising, publicity, but pay attention to some of the "heat!
Recently, the government of the United States has been working on a project to create a new "hot spot" for the Olympic Games!
Recently, the Shanghai Jiading District Market Supervision Administration law enforcement officers in accordance with the clues of the early detection, in a large sports training venues to carry out law enforcement inspections, found that the store issued to promote the WeChat public number contains "2022 Beijing Winter Olympics" text and "Beijing Winter Olympics" and other Olympic Games, such as the Beijing Winter Olympics. Winter Olympics" and other Olympic emblem design logo promotional content, suspected of unauthorized use of Olympic symbols to carry out commercial promotional activities. At present, the case is being investigated.
The 2022 Beijing Winter Olympics and Winter Paralympics is a major landmark event at an important historical juncture in our country, and is an important opportunity to show the country's image, promote national development, and invigorate the spirit of the nation. The intellectual property rights of the logos, emblems and mascots are protected and cannot be infringed upon.
In order to ensure the smooth organization of the Winter Olympics and Winter Paralympics, according to the requirements of the Shanghai Municipal Market Supervision Administration and the Shanghai Municipal Intellectual Property Office, the Market Supervision Administration of Jiading District, Shanghai, has formulated the "Notice on the Special Actions for the Protection of the Intellectual Property Rights of the Olympic Symbols of the Beijing 2022 Olympic and Paralympic Games," which defines the five major key tasks, and through the " special action + staggered supervision", all-round protection of Olympic symbols.
On the Olympic symbol and Paralympic-related symbols, these points should be noted:
1, without the permission of the Organizing Committee of the Beijing 2022 Winter Olympic Games and Winter Paralympic Games, the International Olympic Committee or the International Paralympic Committee, any unit or individual shall not use the Olympic symbol for commercial purposes. The licensed legal user shall use the Olympic symbol in strict accordance with the scope of the license.
2. Without the permission of the Organizing Committee of the Beijing 2022 Olympic and Paralympic Winter Games, the International Olympic Committee or the International Paralympic Committee, no advertisement shall be published using the relevant elements of the Olympic and Paralympic Winter Games, which may lead people to believe that there is a sponsorship or other support relationship with the right holders and mislead consumers.
3, the Olympic symbols and Paralympic Games-related symbols, including: the International Olympic Committee's Olympic five-ringed design logo, the Olympic flag, the Olympic motto, the Olympic emblem, the Olympic anthem; the Olympic, Olympic, Olympic Games and their abbreviations, and other proprietary names; the Olympic Games held within the territory of China's 'name and its abbreviation, Mascot, anthem, torch shape, slogan, "host city name + year of hosting" and other signs, as well as the name and emblem of its organization; the Olympic Charter and the host city contract stipulated in the Olympic Games and the other signs related to the Olympic Games held within the territory of China; the Paralympic symbols and so on.
Note to merchants! These "Olympic standard" infringement should not be 22022 Beijing Winter Olympics is an important historical node of China's major landmark activities, is to show the country's image, promote the development of the country, and invigorate the national spirit of an important opportunity. Doing a good job of running the Beijing Winter Olympics and Winter Paralympics is a major event for the Party and the country, and is our solemn commitment to the international community. In order to better protect the Beijing Winter Olympics and Winter Paralympics and other Olympic intellectual property rights, and to regulate the use of the Olympic symbol, according to the Regulations on the Protection of the Olympic Symbol, the Advertising Law of the People's Republic of China, the Law of the People's Republic of China on Counteracting Unfair Competition, the Trademark Law of the People's Republic of China, etc., we will make the following recommendations on the use of the Olympic symbol in commercial advertisements. Advertisement Review Tips.
Key Tips
First, without the permission of the Organizing Committee of the Beijing 2022 Winter Olympic and Paralympic Winter Games, the International Olympic Committee or the International Paralympic Committee, no unit or individual shall use the Olympic symbol in commercial advertisements, commercial marketing, commercial exhibitions and other commercial activities. The permitted legal users shall use the Olympic Symbol in strict accordance with the scope of the permitted authorization.
Secondly, without the permission of the Organizing Committee of the Beijing 2022 Olympic and Paralympic Winter Games, the International Olympic Committee or the International Paralympic Committee, no advertisements shall be published using the relevant elements of the Olympic and Paralympic Winter Games to mislead consumers into believing that there is a sponsorship or other support relationship with the right holder.
C. The Olympic and Paralympic symbols, including the following:
(1) the five rings of the International Olympic Committee, the Olympic flag, the Olympic emblem and the Olympic anthem;
(2) the proprietary names of the Olympics, Olympia, the Olympic Games and their acronyms such as the Olympic Games, the Olympic Games and so on; and
(3) the Olympic and Paralympic symbols and their acronyms such as the Olympic Games and the Olympic Games; and
(4) the Olympic symbols and their acronyms. (3) The name of the Olympic Games held within the territory of China and its abbreviation, the mascot, the anthem, the torch, the motto, the symbols such as "Name of the Host City + Year of Holding", as well as the names and emblems of the organizing bodies thereof;
(4) The name and abbreviation of the Olympic Charter and the relevant Other symbols related to the Olympic Games held in China as stipulated in the contract of the host city of the Olympic Games, for example, sports icons.
(5) The Paralympic Games related signs, the object of protection and protection standards are the same as the Olympic symbols.
Fourth, the advertisement shall not contain or involve the following logo elements:
1. Use of the same pattern (regardless of color) or its clearly recognizable part or deformation, including but not limited to, the five Olympic rings pattern logo, the Olympic flag, the Olympic emblem, the Beijing Winter Olympics related symbols, the winter Paralympics related symbols, the mascot, the torch shape, etc.;
2. Prominently display the following words including but not limited to "Beijing 2022 Winter Olympic and Paralympic Games", "Beijing 2022 Winter Olympic Games", "Beijing 2022 Winter Paralympic Games", "Beijing 2022 Winter Olympic Games", "Beijing 2022 Winter Paralympic Games", "Beijing 2022 Winter Olympic Games", "Beijing 2022 Winter Paralympic Games", etc. "24th Winter Olympic Games" "13th Winter Paralympic Games" "Beijing Winter Olympics", "Winter Games ", "Winter Olympics", "Beijing 2022", "2022 Winter Olympics", " Beijing2022", "Higher, Higher, Faster, Stronger" or "Faster, Higher, Stronger", "Together to the Future "or "together for a Shared Future", "冰墩墩墩" or "雪容融" or decorated with these words;
These words shall be used for the purposes of the Olympic Games, and shall be used for the purposes of the Olympic Games. "Partner", "Supplier", "Service Provider", "Designated", "Special Permission", "Special Authorization", "Support", "Boost", "competition" or "selection", "call", "win", etc., which are used together in such a way as to mislead people into believing that there is a sponsorship or other support between the right holder and The use of the words "contest" or "competition" or "call for entries" or "winners" together is misleading and suggests a sponsorship or other support relationship with the right holder.
V. When advertisers commission the design, production, agency and distribution of advertisements involving the elements of the Olympic logo, they should provide the license contract of the right holder or other relevant legal and valid documents. The advertisers shall provide the license contract of the right holder or other relevant legal and effective supporting documents when they entrust the design, production, agency and publication of advertisements involving the elements of the Olympic symbols. The advertisers shall provide the license contract of the right holder or other relevant legal and effective supporting documents when they entrust the design, production, agency and publication of advertisements involving the elements of the Olympic symbols. The advertisers shall provide the license contract of the right holder or other relevant legal and effective supporting documents when they entrust the design, production, agency and publication of advertisements involving the elements of the Olympic symbols. To understand and check the information on the types of Olympic symbols, licensees, items of goods or services licensed for use, time limit, geographical scope, etc. in a timely manner. The advertisement management and distribution units in the design, production, agency and release of advertisements containing the Olympic Games and the Winter Olympics and Paralympic Winter Games logo content, should be strictly controlled, carefully examined and stored the relevant documents.
Attention! These "Olympic standard" infringement should not be 3
Beijing Municipal Market Supervision Bureau website shows that on January 17, Beijing Erhotou Wine Industry Co.
According to the administrative penalty, it was found that on December 12, 2021, Beijing Erguotou Wine Industry Co., Ltd. produced a batch of products labeled as "2022 Beijing Winter Olympics" commemorative wine, *** counting 967 pieces, 6 bottles per piece, 1.5L per bottle. On December 12, 2021, the above products were sold to a customer surnamed Zhao, with a sales amount of RMB 61,597.9 yuan. The amount of illegal business *** counted 61597. 9 yuan.
2022 Beijing Winter Olympics is getting closer and closer to us, the Winter Olympics logo, mascot and so on as soon as the debut of the focus of attention. But if the heart is lucky to violate the Olympic hotspot, then waiting for him will be a ticket.
Case 1
Binhu District Nine Lumps Hot Pot Restaurant unauthorized use of the Olympic proprietary symbols in commercial publicity case
2021 August, Wuxi City, Binhu District, the Market Supervisory Bureau in accordance with the report reflects the situation, the jurisdiction of the Binhu District, the Nine Lumps Hot Pot Restaurant for the On-site inspection, found that the party in 2020 in the Sina microblogging registered enterprise microblogging, and on July 25, 2021, 26, in the Sina microblogging released containing "# together to watch the Olympics #, # can not live up to the food #, # Tokyo Olympics #, # if I'm an athlete #, # eat well #, # foodies here # " and other topics and tweets with graphic content of commercials promoting their dishes.
"The content of 'Olympic Games' 'Tokyo Olympics' used in the above two microblogs belongs to the Olympic proprietary symbols such as Olympic, Olympia, Olympic Games and their abbreviations, etc., and the party concerned is trying to enhance the commercial impact and publicize its own restaurant brand, the party, without permission, used the Olympic proprietary symbols in commercial publicity, violating the provisions of Article 4 of the Regulations on the Protection of the Olympic Symbol." In October 2021, the Wuxi Binhu District Market Supervision Bureau, based on the provisions of Article 12 of the Regulations on the Protection of the Olympic Symbol, ordered the party to stop the illegal behavior and imposed a fine of 30,000 yuan.
Case 2
Case of infringement of the exclusive right to use the Olympic Symbol of the "Beijing 2022 Winter Olympic Games Emblem" by Shuang Ao Ice and Snow (Beijing) Technology Co. Beijing Fengtai District Market Supervision Administration, based on reports from the public, investigated and dealt with the unlawful behavior of Shuangao Ice and Snow (Beijing) Technology Co. It was found that during the period from July to December 2019, the party published commercial promotional videos and other content containing the graphic logo of the Beijing 2022 Winter Olympics emblem on its self-owned website without permission, infringing on the exclusive rights enjoyed by the International Olympic Committee and the Beijing Organizing Committee of the Winter Olympics over the Beijing 2022 Winter Olympics emblem. The Beijing Fengtai District Market Supervision Administration, in accordance with the Regulations on the Protection of the Olympic Symbol and the Law of the People's Republic of China on the Prevention of Unfair Competition, ordered the company to immediately stop the infringing behavior, stop publishing the illegal content, and imposed an administrative penalty of 300,000 RMB.
Case 3
Case of BMW (China) Automotive Trade Co., Ltd. using the proprietary Olympic symbols in commercial publicity
BMW (China) Automotive Trade Co., Ltd. from July 23 to August 8, 2021, published a case with "Olympic symbols" on its corporate real-name authenticated From July 23 to August 8, 2021, BMW (China) Automotive Trade Co., Ltd. published 10 publicity microblogs with the text "#Surrounding the Olympic Games#" on its microblog number with posters attached. Although the party indicated that the texts and posters were designed, produced and published by Maxtor Technology (Beijing) Co., Ltd. and that the hot search phrase "#Surrounding the Olympic Games" was authorized for use by the company's media buying agency, Leo Burnett Shanghai Ltd. Beijing Branch, after communicating with Sina Weibo, the rights holders of the Olympic symbols However, as confirmed by the letter from the Beijing Organizing Committee for the 2022 Olympic and Paralympic Winter Games, the party concerned did not obtain authorization to use the Olympic symbols for commercial purposes. The party did not use this publicity to obtain relevant economic benefits, so it is determined by the amount of no illegal business.
The above behavior of BMW (China) Automotive Trade Co., Ltd. violated the second paragraph of Article 4 of the Regulations on the Protection of the Olympic Symbol (2018), for which the Beijing Chaoyang District Market Supervision Administration ordered BMW to make corrections and imposed a fine of 50,000 RMB.
Case 4
The case of Holliday's illegal use of the Olympic Symbol
On December 3, 2021, Holliday's Foods Co. Ltd. violated the "Protection of the Olympic Symbol" due to the unauthorized use of the Olympic Symbol for commercial purposes. Regulations, Article 4, paragraph 2, was Langfang City Market Supervision Administration in accordance with the provisions of Article 12 of the Regulations on the Protection of the Olympic Symbol, a fine of 115,000 yuan.
Case 5
Changan Mazda unauthorized use of the Olympic symbol
In November 2021, Changan Mazda was fined RMB 115,000 by the Nanjing Municipal Market Supervision Administration under Article 12 of the Regulations on the Protection of the Olympic Symbol for violating the exclusive right of the Olympic symbol by unauthorized use of the Olympic symbol for commercial purposes, or by use of similar symbols sufficient to mislead people. logo exclusive right, was fined 20,000 RMB by Nanjing Municipal Market Supervision Administration.
Case 6
The case of unauthorized use of the Olympic Symbol by Migu
In October 2021, China Mobile's Migu Culture and Technology Company Limited was fined for the unauthorized use of the Olympic Symbol for commercial purposes on a certain platform, infringing on the exclusive right to use the Olympic Symbol. Article 12(1) of the Regulations on the Protection of the Olympic Symbol (2018) and Article 4(2) of the Regulations on the Protection of the Olympic Symbol (2018), and was fined 50,000 yuan by the Beijing Xicheng District Market Supervision Administration.
Case 7
Keep Affiliated Company Violated the Regulations on the Protection of the Olympic Symbol
In October 2021, Keep's affiliated company, Beijing Calorie Sports Co. Company") was penalized for violating the relevant provisions of the Regulations on the Protection of the Olympic Symbol (2018). According to the penalty information, on July 2, 2021, a promotional article titled "The Strongest Fat Burning Season, Beijing CBD Outdoor Hot Sweat Party for Hundreds of People | Calorie Sports Season" was published on the WeChat public number (ID: Keepland) operated by the company, and the promotional content included "Burning Summer Helping the Winter Olympics" The content of the publicity included "￥89, grab the ticket immediately". The above actions were not authorized by the Beijing Winter Olympic Organizing Committee and the International Olympic Committee, violating the relevant provisions of the Regulations on the Protection of the Olympic Symbol (2018), and were fined 50,000 yuan by the Chaoyang District Market Supervision Administration of Beijing.
Beijing Winter Olympics: What everyone is looking forward to
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