Due to the impact of the new crown epidemic, the Tokyo Olympic Games have been postponed to July this year. As we all know, the effective protection of Olympic intellectual property rights is crucial to the success of an Olympic Games. How to identify infringement clues, then investigate and evaluate, and even make the most appropriate and timely response, requires the establishment and operation of a set of effective system methods and workflows, that is, to build compliance in the disposal of infringement.
In dealing with infringements, it is an important consideration for the average right holder to make up for losses or even obtain compensation. But for the rights holders of Olympic intellectual property, this is different. Because the essence of Olympic intellectual property protection lies not only in the compensation of damage, but also in making the infringer aware of the harm of his own behavior, so that he is willing to correct his behavior and voluntarily abide by the relevant Olympic rules. Therefore, Olympic IP rights holders are more concerned about the timeliness and positive effects of the treatment than with compensation.
Generally speaking, the compliance of the disposal of Olympic intellectual property infringement should consider three aspects: supervision, investigation and evaluation, and resolution.
First, on supervision
Supervision, that is, the discovery of infringement clues, is mainly through self-monitoring and receiving reports in two ways.
1. Self-monitoring
Self-monitoring is the most common practice used by the Organising Committee of the Olympic Games. Usually, the rights protection professionals of the Olympic Organizing Committee will cooperate with volunteers and have volunteers assist in monitoring. Some Olympic Organizing Committees also hire professional investigative agencies to supplement the monitoring, which is very helpful for expanding coverage and collecting valuable information, but at a higher cost. In addition to dedicated teams, employees in other business areas of the Organising Committee are also an important force in monitoring.
For self-monitoring compliance, after training all implementing entities on the basics of rights protection, the focus is on teaching everyone how to detect infringement and collect useful preliminary evidence. The Olympic Organizing Committee has issued auxiliary tools such as the template for the report form on the discovery of infringement for use in practice.
2. Accept the report
Reporting is an important way to find clues to infringement, and the Olympic Organizing Committee encourages stakeholders and the public to find and report infringements.
From a compliance perspective, the first issue to consider is the establishment of a whistleblowing mechanism. The common way is to set up a reporting telephone and mailbox, and arrange for someone to reply and deal with it. Another consideration is to create specialized contacts for specific stakeholders. Contacts connect with designated sponsors and connect directly with law enforcement, enabling you to quickly identify and take action on important issues.
2. On surveys and assessments
After the clues of infringement are discovered, the staff should investigate and evaluate the clues.
1. About the survey
Investigation of clues to infringement in order to better understand the facts and gather the necessary evidence. The main compliance considerations are: reviewing the preliminary evidence to ensure that evidence useful for the assessment and analysis of the case has been collected; clarifying the suspected infringer and the main contact information; and preliminarily judging the damage that has occurred or may occur.
2. About assessment
Assessment is the key to dealing with infringement leads. Staff need to evaluate violations quickly and accurately so as to identify the most effective and reasonable actions to take to resolve the issue.
In general, the seriousness of infringement can be divided into the following categories:
Incidents of incidental infringement
Incidental infringements usually occur out of the perpetrator's ignorance of laws and regulations, there is no intention to deliberately violate the Olympic Charter or carry out implicit marketing behavior, and most of them are motivated.
Intentional infringement incidents
An intentional infringement incident refers to a situation in which the perpetrator knows that his or her conduct is infringing and still commits the infringing act.
Malicious infringement incidents
A malicious infringement incident refers to a situation in which the perpetrator continues or re-commits the infringing act after being dissuaded by the Olympic Organizing Committee or even punished by the law enforcement agencies.
In order to avoid arbitrariness and subjectivity in their work, staff need to use standardized standards for evaluation, and the more detailed the specification, the better.
Third, about the settlement
Resolution is the most critical element in stopping Olympic IP infringement. If the incident is not resolved quickly and decisively, the previous efforts will be in vain.
During the resolution phase, the factors commonly considered are:
Precautionary principle. Prevention is the best remedy.
The principle of legality. Work within the scope permitted by law and must not resort to illegal means such as threats and intimidation.
The principle of differentiation. According to the difference between incidental infringement, intentional infringement and malicious infringement, different coping strategies are adopted.
The principle of reasonableness. Rationally plan and allocate limited resources to solve problems by pragmatic and efficient means.
Generally speaking, for incidental infringement, priority should be given to educational methods, that is, communication with the perpetrator, informing laws and regulations and Olympic rules, and asking them to take the initiative to stop the infringement.
In the case of intentional infringement, appropriate communication with the perpetrator is usually carried out first. If the advice is not heeded, the Olympic Organizing Committee will choose appropriate methods such as issuing notification letters, media exposure, and requesting administrative law enforcement according to the specific circumstances.
For malicious infringement incidents, the Olympic Organizing Committee immediately and directly approached the law enforcement department to request administrative law enforcement. Although litigation is rarely used to defend rights, the Organising Committee will not voluntarily abandon any effective solution.
As the Olympics approach, the number of Olympic IP infringements will rise dramatically, so compliance will become even more important. From a compliance perspective, the Organising Committee also establishes a dossier for each infringement to facilitate monitoring and updates on the status as appropriate.
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