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What is the right to use the Olympic symbol for global publicity?
BOCOG's rights to the Olympic symbols are determined according to the host city contract signed with the International Olympic Committee.
I. Copyright
Some Olympic symbols have the nature of works and are protected by the Copyright Law of People's Republic of China (PRC). 20 17 12 15, BOCOG completed the copyright registration of Olympic symbols such as the emblem of Beijing 2022 Winter Olympics in China Copyright Protection Center. During the preparation and holding of the Beijing Winter Olympics, there will be a large number of communication carriers involving Olympic symbols. Unauthorized use of the above logo will constitute an infringement of the copyright of the Olympic logo.
Second, the trademark right.
Since the preparation of the Beijing Winter Olympics in 20 14, BOCOG has submitted more than 2,000 applications for trademark registration at home and abroad, involving the emblem, mascot image, slogan and related Chinese and English names of the Beijing Winter Olympics, involving all goods and services in categories 1 to 45. In May, 20021year, signs including "emblem of Beijing 2022 Winter Olympics", "ice shield" and "Edelweiss" were approved and registered as trademarks by China National Intellectual Property Administration Trademark Office, and were protected by People's Republic of China (PRC) Trademark Law. If the Olympic symbol is used as a trademark without authorization, it will constitute an infringement of the exclusive right to use a trademark.
Third, the patent right.
While announcing the emblem and mascot of Beijing Winter Olympics, BOCOG submitted eight patent applications for design including Olympic symbols such as emblem and mascot to the State Intellectual Property Rights, which are protected by the Patent Law of People's Republic of China (PRC).
Design must rely on products, and the Olympic symbols protected by design patents mainly include emblem, mascot image and torch. With the expansion of the expression forms of Olympic symbols, the types of design patents that the right holders can apply for are increasingly diversified, which usually include stickers, logos, graphical user interfaces (GUI) and so on. Unauthorized use of the Olympic symbol will constitute an infringement of the patent right.
Fourth, anti-unfair competition.
In some market operations, implicit marketing will take advantage of the Olympic logo to "hitchhike". This kind of behavior does not directly use the Olympic symbol, but through congratulations, refueling, celebration, countdown, announcement of competition results, winners' list, title promotion and other names. Make the public mistakenly think that there is a specific relationship between them and the right holders of Olympic symbols. 20 18 The revised Regulations on the Protection of Olympic Symbols specifically added provisions to regulate implicit marketing, and this kind of behavior can be investigated for responsibility through the relevant provisions of the Anti-Unfair Competition Law of People's Republic of China (PRC).
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