Is it infringing to make your own ice piers and snow melting? How is it illegal to use Olympic symbols such as mascots? In what cases does it not constitute infringement? Let's sort it out for everyone.
1. The legal basis for the protection of Olympic symbols
The mainland has initially established a relatively complete legal protection system for Olympic symbols, which can be divided into three protection modes in general, namely, intellectual property protection, exclusive rights protection and anti-unfair competition law protection. The legal norms involved mainly include the Regulations on the Protection of Olympic Symbols, the Copyright Law, the Trademark Law, the Patent Law, the Anti-Unfair Competition Law, the Advertising Law, the E-Commerce Law, and the Regulations on the Administration of Special Signs. Among them, the Regulations on the Protection of Olympic Symbols, as a special specification for Olympic symbols, make the most detailed provisions on the protection of Olympic symbols, and are the main reference norms for the protection of Olympic symbols in the mainland.
2. The Olympic symbol shall not be used
1. The Olympic symbol shall not be used in commercial activities without authorization
Without the permission of the Beijing 2022 Winter Olympic and Paralympic Games Organizing Committee, the International Olympic Committee or the International Paralympic Committee, no unit or individual may use the Olympic symbol in commercial advertising, commercial marketing, commercial exhibitions and other commercial activities. Licensed lawful users shall strictly follow the scope of licensing and authorization to regulate the use of olympic symbols.
2. Without authorization, the exclusive name and motto of the Olympic Games shall not be used as commercial advertising copy
In addition to logos and emblems, the olympic proper names and mottos are also exclusive rights that require authorization to be commercialized. This means that non-Olympic sponsors need to avoid using Olympic-related terms or proper nouns when designing advertising copy.
3. Unauthorized use of Olympic elements for "implicit marketing"
Without the permission of the Beijing 2022 Winter Olympic and Paralympic Games Organizing Committee, the International Olympic Committee or the International Paralympic Committee, it is not allowed to use the relevant elements of the Winter Olympic Games and the Winter Paralympic Games to publish advertisements, causing people to mistakenly believe that there is a sponsorship or other support relationship with the right holder, and misleading consumers.
3. Circumstances that do not constitute infringement
Some people may ask whether there is a fair use of the Olympic symbol? How can I ensure that homemade ice piers and snow melting are legal? According to Article 24 of the Copyright Law of the People's Republic of China, the use of a work may be carried out without the permission of the copyright owner without payment of remuneration, but the name of the author or the name of the work shall be indicated, and the normal use of the work shall not be affected, and the legitimate rights and interests of the copyright owner must be reasonably damaged: (1) to study, study or appreciate for an individual and use the works already published by others; (10) to copy, paint, photograph, or display works of art set up or displayed in public places. Video...... That is to say, the ice piers and snow rongs created for the purpose of personal appreciation are generally not infringed, and the legally set ice piers, snow fusion shadows, videos, or imitation portraits are not infringing, but once they are used for sales profit, it constitutes infringement.
Source: Zhangjiakou Intermediate People's Court
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Organizer: Hebei Provincial Sports Bureau
Producer: Guo Lijun
Editor's proofreading: He Wanxuan