According to Beijing Daily
The "Rabbit Dun Dun" at the end of 2022 is only the image design of the "Ice Dun Dun Rabbit Year Special Edition", not an independent creation that abandons the original image. In terms of the nature of rights, its related products are Olympic historical intellectual property products authorized by the International Olympic Committee, and their design, production and sales have obtained the permission of the intellectual property rights holder, and are not infringing.
On December 28, 2022, the "Beijing 2022 Ice Dun Dun Rabbit Year Special Edition Series" was officially released. The authorized products of this series are divided into four categories: badges, plush toys, key chains, and creative ornaments, which were quickly sold out after being sold on the first floor of Beijing's Wangfujing Gongmei Building, and once again appeared the grand situation of "one pier is difficult to find".
From "Bing Dun Dun" to "Tiger Dun" to "Rabbit Dundun", with their humble and cute image and rich cultural connotation, the Dundun have become a shining business card of Chinese culture to the world, and quickly conquered people of different cultures, borders and ages.
However, with the end of the Beijing Winter Olympics, the intellectual property rights formed during the bidding, preparation and hosting of the Beijing Winter Olympics, such as the mascot "Bingdundun" and the emblem "Winter Dream", will become the intellectual property rights of the Olympic history under the name of the IOC after December 31, 2022.
Why can the "top stream" of the Winter Olympics be transformed into "tiger dun dun" and "rabbit dun dun", and will there be various "zodiac duns" in the future? What are the legal issues here?
The "Ice Dun Dun" is Olympic property
Wang Hongxia, deputy director of the Legal Review Department of the Legal Affairs Department of the Beijing Winter Olympics Organizing Committee, said in an interview that to answer the intellectual property rights of the "dun dun", we need to understand the special concept of "Olympic property".
According to the Olympic Charter, the Olympic rings, the Olympic flag, mottos, emblems, anthems, Olympic titles (including but not limited to "Olympic", "Olympic Games" and "Olympic Games"), emblems and flames and torches are referred to as "Olympic property". The ownership and use of Olympic property is the exclusive right of the IOC.
In addition, there is another category of Olympic property, which is "Olympic-related property" created and enjoyed rights in the jurisdiction of a certain Olympic Organizing Committee, the host city, and the Olympic Committee of the country (region) to which the city belongs after obtaining authorization from the IOC.
Such property arises from the bidding, preparation and holding of an Olympic Games, and the Olympic Organizing Committee, the host city and the national (regional) Olympic Committee of the Olympic Games shall be the right holders of the Olympic property. Generally speaking, after the end of the Olympic Games (usually December 31 of the year in which the Olympic Games are held), the intellectual property and other rights in these Olympic properties need to be transferred to the IOC.
According to Wang Hongxia, the Beijing 2022 Winter Olympics' Host City Contract highlights 24 important Olympics-related assets in an enumerated manner, including the mascot "Bingdundun".
According to the Host City Contract, all property related to the Olympic Games, including emblems, mascots, sports icons, Olympic landscape elements, official poster designs, Olympic torch designs, musical works, artworks, photographs, pictures, etc., must be transferred to the IOC by December 31, 2022.
Is the "rabbit dun" infringing?
Since all intellectual property rights of "Bingdundun" have been transferred to the IOC, have "Tiger Dundun" and "Rabbit Dundun" infringed their relevant rights?
According to Wang Hongxia, the "Bing Dun Dun" dressed in the new clothes of the Year of the Tiger, known as "Tiger Dundun", is a "Bing Dun Dun New Year of the Tiger Special Edition" product released during the Spring Festival in 2022, which belongs to the Beijing Winter Olympics licensed goods under the market development plan of the Beijing Winter Olympics Organizing Committee, and its design, production and sales are licensed by the rights holder, the Beijing Winter Olympic Organizing Committee, and there is no infringement problem.
The "Rabbit Dundun" at the end of 2022 is only the image design of the "Ice Dun Dun Rabbit Year Special Edition", not an independent creation that abandons the original image. In terms of the nature of rights, its related products are Olympic historical intellectual property products authorized by the International Olympic Committee, and their design, production and sales have obtained the permission of the intellectual property right holder, and they are not infringing.
"As mentioned earlier, after December 31, 2022, the intellectual property rights of Olympic property related to the Beijing Winter Olympics have become part of the historical intellectual property rights of the Olympic Games, and any secondary creation and design of the image of the 'ice dun dun', including the various zodiac dun duns that may appear, need to obtain prior permission and authorization from the IOC." Wang Hongxia said.
The birth of "Rabbit Dun"
How was the "Rabbit Dun Dun" born? According to Lin Cunzhen, its designer and deputy dean of the School of Design of the Central Academy of Fine Arts, the Beijing Winter Olympics coincided with China's most important traditional festival, the Spring Festival, and the Chinese zodiac is an important theme in Spring Festival culture, which has wide recognition and influence around the world.
During the Beijing Winter Olympics, it was the "Year of the Tiger" in China, so the traditional "tiger" image elements were refined to generate the "Tiger Dundun" mascot doll.
2023 is the "Year of the Rabbit" in China, so we expect to continue the concept of the "Chinese Zodiac" and combine it with local culture in Beijing to derive new Olympic licensed products. The new products in the "Year of the Rabbit Special Edition" series not only celebrate the first anniversary of the Beijing 2022 Winter Olympics, but also send blessings to the upcoming Year of the Rabbit.
In fact, after the previous Olympic Games, mascots and emblems will become part of the historical intellectual property of the Olympic Games. If the host city wants to continue to authorize the operation of Olympic-related licensed goods after the Games, it needs to negotiate between the Olympic Committee and the IOC in its location, and the enterprise will apply to the IOC and the local Olympic Committee "access", and only after the parties reach an agreement can production and sales continue in the Olympic Committee's jurisdiction. If there is a new product, the product design also needs to be approved by the IOC and the local Olympic Committee.
In order to help the publicity of the first anniversary of the Beijing Winter Olympics and the cultural inheritance of the "Double Olympics", and actively respond to the needs and expectations of all sectors of society, the Chinese Olympic Committee and the International Olympic Committee have repeatedly communicated and negotiated, and finally formed this cooperation plan focusing on the historical intellectual property rights of the Beijing Winter Olympics, realizing the reuse of the historical intellectual property rights of the Olympic Games in the jurisdiction of the Chinese Olympic Committee.
How to protect the "rabbit mound"
So, as a "Ice Dun Dun Rabbit Year Special Edition", what are the specific rights included in its intellectual property rights?
"Rabbit Dundun does not change the nature of 'Bingdundun' as the mascot of the Beijing 2022 Winter Olympics, and the intellectual property protection of 'Bingdundun' is applicable to 'Rabbit Dundun'."
Wang Hongxia said that the Beijing Winter Olympics Organizing Committee has provided all-round intellectual property protection to the "Bingdundun" since its birth: first, the Beijing Winter Olympics Organizing Committee, as the copyright owner, registered the image of "Bingdundun" with the China Copyright Protection Center; Secondly, in terms of trademark protection, the Beijing Winter Olympics Organizing Committee has obtained the exclusive right to use all 45 trademarks for goods and services including the image of "Bingdundun", the Chinese name "Bingdundun" and the English name "Bing Dwen Dwen"; Third, in terms of patent protection, the Beijing Winter Olympics Organizing Committee also obtained a design patent for the design of the "ice pier".
In addition, as an Olympic symbol, the "Ice Dun Dun" is also subject to special protection under the Regulations on the Protection of Olympic Symbols.
After December 31, 2022, although the Olympic assets formed during the preparation and hosting of the Beijing Winter Olympics such as "Bingdundun" will belong to the IOC as Olympic property, the above-mentioned all-round protection of intellectual property rights for "Bingdundun" will not change after the completion of the transfer of intellectual property rights.
Therefore, the use of the image of "Rabbit Dundun" beyond the scope of fair use stipulated in the Mainland Copyright Law, or the unauthorized production and sale of "Rabbit Dundun" related products without legal authorization are all acts of infringing the intellectual property rights of "Rabbit Dundun".
Source: Procuratorial Daily Justice Network