Olympic Symbol Protection Series Twelve Questions

07 What is the exclusive infringement of the Olympic symbol

Right act? How are infringements handled?

The use of the Olympic symbol for commercial purposes without the permission of the right holder of the Olympic symbol, or the use of a similar sign sufficient to cause misidentification, infringes the exclusive right of the Olympic symbol.

Where the exclusive right to the Olympic symbols is infringed upon and a dispute arises, the parties shall resolve it through consultation; if they are unwilling to negotiate or fail to negotiate, the holder of the rights to the Olympic symbols or the interested party may file a lawsuit with the people's court, or may request the market supervision and management department to handle it. When the market supervision and management department handles the matter, if it finds that the infringing act is established, it shall order it to immediately stop the infringing act, confiscate or destroy the infringing goods and the tools mainly used to manufacture the infringing goods or to manufacture the Olympic symbols without authorization for commercial purposes. Where the illegal business turnover is more than 50,000 yuan, a fine of not more than 5 times the illegal business amount may be imposed concurrently, and if there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed concurrently. Where parties are dissatisfied with the disposition decision, they may apply for an administrative reconsideration in accordance with the Administrative Reconsideration Law of the People's Republic of China, and may also directly file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China. At the request of the parties, the market supervision and management departments that conduct the handling may mediate the amount of compensation for infringement of the exclusive right to the Olympic symbol; if mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. Where the use of Olympic symbols to carry out fraudulent and other activities constitutes a crime, criminal responsibility shall be pursued in accordance with law.