With the convening of the 2022 Beijing Winter Olympics, the mascot ice pier has become a new "top stream", the whole network has exploded, and a "pier" is difficult to find. If someone told you at this time that you had ice piers and some peripheral products for sale, would you be impressed? Beware, someone has been deceived! "I was cheated of buying an ice pier!" On the morning of February 8, after Ms. Wang, a citizen, was deceived by buying an ice pier on the Internet, she came to the police station to call the police for help.
It turned out that Ms. Wang, who lives in Zengjia Town, Chongqing High-tech Zone, like many netizens, especially wanted to have an ice pier, but because the sales were too hot, the flagship store was in a state of replenishment. On the evening of February 7, when Ms. Wang brushed Vibrato on her home mobile phone, she saw that some netizens said in the comment area that they had a surplus ice pier to do, which could be transferred at the original price. Ms. Wang quickly got in touch with the other party after seeing it, and the other party showed Ms. Wang the physical photo of the handmade piece, saying that the extra ice pier was given away when eating KFC. After negotiating the price, Ms. Wang added the other party's WeChat friend, because of the urgency, she directly transferred 128 yuan to the other party through WeChat without receiving the goods, and then the other party sent a courier number over.
The next day, Ms. Wang still could not query the single number dynamics, so she wanted to contact the other party through WeChat, only to find that she had been deleted from her friend and blocked. Ms. Wang suddenly realized that she had been deceived! Immediately went to the Zengjia police station to report the case, and at present, the Zengjia police station has accepted the case and carried out a case investigation. High-tech public security tips: According to official information, the licensed goods of the Beijing Winter Olympics will continue to be sold until the end of June this year, and active measures have been coordinated to promote production, and there will be a steady stream of "ice piers" supplied to the market. The ice pier is cute, everyone must go through formal channels when purchasing, do not forget the safety precautions because of impatience, fall into the fraud trap.
More coverage >>
The online shopping platform "Dun Dun" and "Dun Er" are a lot
Shop: Not genuine but exactly the same
With the heat of the Winter Olympics, the mascot "ice pier" and "snow melting" have become the "top stream", especially the "ice pier", and the related peripheral products are almost "seconds empty" on the shelves, and countless netizens online and offline are calling for new goods on the shelves. On the 10th, the upstream news reporter found that there were many suspected copycat goods of "ice piers" on some shopping platforms, and some merchants directly said that "it is not genuine, but it is exactly the same". In some WeChat groups, some netizens said that there are channels to get the genuine ice pier, which is a regular licensed agent, and at present, "more than 10,000 people in Chongqing are looking for us to buy ice piers."
Netizens claimed to have obtained a licensed agent
Currently out of stock pre-order requires full payment
In a WeChat group in Chongqing, some netizens claimed that they had channels to get the genuine ice pier. The reporter contacted the netizen "Clover", who said that the purchase of ice piers from him was a company act, and he got a licensed commodity agent for the Beijing Winter Olympics and The Winter Paralympic Games, and he also sent a photo of the licensed retail store certificate. The reporter saw from the photo that the certificate showed that the Beijing 2022 Winter Olympic and Paralympic Games Organizing Committee licensed the "Beijing Grand Ceremony Xinhua Science and Technology Culture Company" to open a licensed commodity retail store to sell related licensed goods. The license period is from the opening until September 30.
However, the photo of the retail store address and licensed distributors have been coded, the netizen did not confirm that his company is related to the above company, only said: "My WeChat is a real name, cheat you a few hundred dollars?" ”
The netizen also introduced that they are now selling a set of plush dolls, "ice pier" and "snow rongrong" each one, 25 cm high, the price of 378 yuan, free shipping, if the amount is large, a set can be taken away at the original price of 328 yuan. "As far as our statistics are concerned, the number of people to buy in Chongqing is now more than 10,000. Although we got the agent, because we are still out of stock, even if we pay the full amount, we will not ship until March 1. He also said that the purchase will be paid in full now, and if there is no goods at that time, they can refund the full amount, all the processes are formal, and invoices can be issued.
Someone sold the "snow Rongrong" in the WeChat group Image source: Courtesy of netizens
On some online shopping platforms, the reporter searched for "ice pier" as a keyword and found that there were a large number of goods with names that obviously rubbed the edge ball, such as "pier", "pier", "melting", etc., but the appearance was almost exactly the same as the genuine "ice pier" and "snow melting".
In a shop that sells blind box watches, two new blind box ice and snow mascots have recently been added, including cartoon image commemorative dolls and mascots around commemorative merchandise keychains. On the introduction page of the keychain of commemorative goods around the mascot, the reporter saw that the relevant propaganda was marked with words similar to the Winter Olympic mascots such as "Ice and Snow Pier Pier Handmade" and "Melting Mascot", the material was plastic, and the keychain goods were diverse in color, but the appearance was the ice pier, and they were printed with the words "BEIJING 2022". The price of the item is 16 yuan a piece, and the page also has the words pre-sale written on it.
The reporter got in touch with the customer service of this store, and the customer service did not answer the question of whether the goods were genuine, only let the reporter quickly shoot and randomly send colors. The reporter noted that the product has been spelled out 487 pieces.
Another shop called "Ice Pier" also has a number of new keychains called "Pier" and "Rongrong". The reporter saw that its image is exactly the same as the mascot "ice pier" and "snow rongrong", and the pillow of "pier" and "tolerance" was also newly installed before, but the display page coded the "pier" and "tolerance", and soon this pillow was also off the shelf. In this regard, the store said bluntly, these are not genuine but exactly the same. For the products on the shelves marked with mosaics, the store also explained: it can only be handled in this way, the platform does not let it be sold, and it is necessary to shoot if you want.
Another wedding supply store also listed a variety of doll ornaments and handmade, and the promotional page was marked with the words "Ice Baby Snow Baby", "Pier" and "Official Games Same Style". In this regard, the store said that it is only a pre-sale at present, and it is not clear whether there is a goods or not, and those that have obtained official authorization are the same as theirs, they are all imported goods.
Platform customer service: The sale of counterfeits will be strictly handled
Lawyer: It is illegal to produce and sell pirated products
For the merchants to wipe the edge ball to sell suspected cottage "ice pier" and "snow rongrong" goods, the reporter interviewed the official of the online shopping platform. Taobao platform official customer service said that they have zero tolerance for fakes, handling is very strict, if consumers find that the platform has a fake business, the first step can click on the top right corner of Taobao three dots, the second step to find "report", the third step to select the "report type", step by step operation can be submitted.
Pinduoduo's official customer service also said that they are very strict about the handling of fakes, and once the platform verifies that the vouchers are valid, it will make every effort to protect the rights and interests of consumers. At the same time, severe penalties will be imposed on merchants for selling counterfeits. If consumers find that there are fake merchants on the platform, they can directly send orders or payment screenshots to the official customer service, and the customer service will handle it.
Pan Xingwang, a lawyer at Chongqing Kunyuan Hengtai Law Firm, said in an interview with reporters that the merchants of the online shopping platform have already committed infringement by wiping the edge ball or selling similar mascot goods, and the right holder can report to the local market supervision and administration bureau, complain to the online platform to remove the relevant goods, and also file a lawsuit with the court after preserving or notarizing the evidence.
He introduced that the cartoon images of "Ice Pier" and "Snow Rongrong" are works of art, protected by the Copyright Law, and their copyright holders (the Beijing Winter Olympic Organizing Committee) have the right to prohibit others from using the work without their permission, including the development, dissemination and sale of derivatives related to the work.
In addition, the peripheral products related to "ice pier" and "snow rongrong" are licensed goods for the Winter Olympics and have special provisions in copyright protection. Winter Olympic licensed products refer to the goods authorized by the Beijing Winter Olympic Organizing Committee to produce and sell goods related to the intellectual property rights of the Winter Olympic Games and the Winter Paralympic Games. "Ice pier" is the Olympic symbol announced by the State Intellectual Property Office, and the relevant peripheral products designed with the image of "ice pier" and "snow rongrong" are not only the material carriers of the intellectual property rights of the Winter Olympic Games, but also the "Olympic-related assets" of the International Olympic Organizing Committee. The Beijing Winter Olympic Organizing Committee must not only protect the licensed goods of the Winter Olympics in accordance with the Copyright Law, Trademark Law, Patent Law, Anti-Unfair Competition Law and other laws, but also in accordance with the Regulations on the Protection of Olympic Symbols and the Contract for the Host City of the Olympic Games signed with the International Olympic Organizing Committee. Therefore, the production and sale of pirated copies of the "ice pier" belongs to the "unauthorized reproduction and use of Olympic symbols and Olympic-related works", which violates the Regulations on the Protection of Olympic Symbols, the Copyright Law, the Trademark Law, the Advertising Law, and the Anti-Unfair Competition Law.
The whole people create "ice pier" and "snow melting"
Uploading online platforms also carries the risk of infringement
Now, does the whole people set off a boom in the second creation of the Olympic mascot "Ice Pier" and "Snow Rongrong", does it constitute infringement? Pan Xingwang believes that if it is publicly disseminated after creation, it may constitute infringement.
According to Article 24 of the Copyright Law, if it is "for the study, research or appreciation of an individual, using a work that has already been published by others", it is a fair use and does not constitute copyright infringement. However, if the image of the secondary creation is photographed and published to the social platform, it may constitute a violation of the right of dissemination of information networks. The determination of copyright infringement does not depend on whether the use has a commercial for-profit purpose as a constituent element, and the dissemination of the image of the "ice pier" on the Internet, even if it does not involve fees, if the act is not approved by the Organizing Committee, it is also an act of infringement.
Pan Xingwang believes that for the general public to make their own "snowman ice pier" and "orange ice pier" and shoot and upload to social platforms, it cannot be said that there is no legal risk of copyright infringement.
Upstream journalist Song Jian Zhu Ting