Website hit "Olympic refueling" was fined 10,000

This report (reporter Wang Qiuxi) because on the website to hit "Olympic refueling, China refueling" words, China Financial and economic publishing house by the Haidian Industrial and Commercial Bureau to violate the Olympic emblem exclusive right to be fined 10,000 yuan. The publishing house sued the Haidian Industrial and Commercial branch to the court for rescission of punishment. Recently, the case in the Haidian Court trial.

Li Xuan, a lawyer for China's financial and economic publishing house, said that on the eve of the Beijing Olympics on August 7 this year, the press, in an effort to express patriotism and good wishes for the Beijing Olympics, played "Olympic refueling, China refueling" on the official website of the Society. August 19, they received the Haidian Industrial and Commercial branch of the notice, said the act violated the exclusive rights of the Olympic symbols, suspected of breaking the law. September 27, Haidian Industrial and Commercial Bureau to make the administrative punishment decision, ordered the publishing house immediately stop the infringement and fined 10,000 yuan.

Publishers believe that their actions are benign and have no commercial purpose or adverse consequences. Haidian Industry and Commerce did not listen to its arguments, and did not hold a hearing, the decision to make administrative punishments, belong to the fact that the facts are not clear, the application of laws and qualitative errors, administrative penalties, the facts and legal basis is insufficient, so the court decision to be revoked.

Haidian Industrial and Commercial bureau said, "Olympic" belongs to the Olympic symbol, although to be inspected, the publisher has not yet obtained illegal income, but still belong to unauthorized use of the Olympic logo for commercial purposes, because the Web page in addition to "Olympic refueling, China refueling" words, but also the name of the business, business projects and other information, has a potential commercial purpose. In addition, according to the relevant provisions of the administrative penalty hearing, the fine amount below 30,000 yuan does not need to hold a hearing, the disciplinary proceedings of the Trade and Industry bureau are not illegal. The Court is therefore requested to maintain this penalty decision.

The case was not pronounced in court.