Webmaster Friends support The Olympic Games remember blind operation violates the law

The intermediary transaction SEO diagnoses Taobao guest stationmaster buys the Cloud host technology Hall

Introduction: The Chinese people finally realize the Centennial Olympic dream, last night's opening ceremony is to let the world more understanding of the great motherland Mother. For the National Day Olympic Games, grassroots webmaster Friends in the use of the network for the motherland's mother cheering cry, remember blindly violate the law, the Olympic symbol protection regulations and related articles are sorted as follows:

This regulation is enacted in order to strengthen the protection of the Olympic symbols, protect the legitimate rights and interests of the Olympic symbol holders and safeguard the dignity of the Olympic movement.

The Olympic emblem referred to in this ordinance means:

(i) The Olympic five-ring logo of the International Olympic Committee, the Olympic flag, the Olympic motto, the Olympic emblem and the Olympic anthem;

(ii) The names of the Olympic, Olympia, Olympic Games and their abbreviations;

(iii) The name, emblem and emblem of the Chinese Olympic Committee;

(iv) The name, emblem and emblem of the Beijing 2008 Olympic Games bid committee;

(v) The name and emblem of the organizing committee of the 29th Olympiad, the mascots of the 29th Olympic Games, the songs and slogans, the "Beijing 2008", the 29th Olympic Games and its abbreviation;

(vi) Other symbols relating to the 29th Olympic Games, as stipulated in the contract for the host city of the 29th Olympiad of the Olympic Charter.

The title of the Olympic symbol referred to in this Regulation refers to the International Olympic Committee, the Chinese Olympic Committee and the 29th Olympic Organizing Committee.

The Division of rights between the International Olympic Committee, the Chinese Olympic Committee and the 29th Olympic Organizing Committee is determined in accordance with the Olympic Charter and the city contract of the 29th Olympic Games.

Fourth the Olympic symbol Obligee shall enjoy the exclusive right of the Olympic symbol in accordance with this Regulation.

No person shall use the Olympic emblem for commercial purposes (including potential commercial purposes, hereinafter) without the permission of the Olympic symbol holder.

Fifth a commercial purpose referred to in this Ordinance shall mean the use of the Olympic emblem in the following manner for profit purposes:

(i) The use of the Olympic emblem in commodities, packaging or containers of goods or instruments for trading commodities;

(ii) The use of the Olympic emblem in service projects;

(iii) The use of the Olympic emblem in advertising, commercial exhibitions, business performances and other commercial activities;

(iv) Sales, import and export of commodities containing Olympic symbols;

(v) manufacture or sale of Olympic symbols;

(vi) Other acts that may lead to the use of the Olympic emblem by a sponsor or other support relationship between the perpetrator and the Olympic symbol holder;

Sixth the administrative Department for Industry and Commerce under the State Council shall be responsible for the protection of the national Olympic symbols pursuant to these regulations.

The administrative departments for Industrial and commercial administration at or above the county level shall be responsible for the protection of the Olympic symbols within the administrative areas.

Seventh the Olympic symbol right person shall report the Olympic symbol to the State Council industry and Commerce Administration Department for the record, and be announced by the Department of Commerce and Industry.

Eighth a license is obtained from the Olympic symbol holder and the Olympic symbol is used for commercial purposes, the license contract shall be entered into with the Olympic symbol holder. Among them, the use of the second part (a) of the ordinance, the Olympic symbols provided for in subparagraph (ii) shall be contracted with the International Olympic Committee and its authorized or approved bodies, and the Olympic symbols under article II (iii) of this Regulation shall be entered into with the Chinese Olympic Committee; In the use of the Olympic symbols under article II (iv), (v) and (vi) of this Ordinance, a contract shall be concluded with the organizing committee of the 29th Olympiad before December 31, 2008. The Olympic symbol Right person shall report the use license contract to the State Council Business Administration Department for the record.

The licensee shall, in accordance with the provisions of the preceding paragraph, enter into the use of the Olympic symbol within the geographical range and period specified in the contract.

Nineth an Olympic symbol has been used in accordance with the law before the implementation of this Ordinance, it may continue to be used within the existing scope.

Tenth the unauthorized use of the Olympic symbols for commercial purposes without the permission of the Olympic symbols, that is, infringement of the exclusive rights of the Olympic symbols and causing disputes, shall be settled by the parties in consultation; The Olympic symbol right person or the interested person may bring a lawsuit to the People's Court, can also request the administration of industry and commerce to deal with. When dealing with the administrative department of Industry and Commerce, when it is found that the infringement is established, it shall order an immediate cessation of the infringement, confiscate or destroy the infringing goods and the tools specially used for the manufacture of infringing goods or for the purpose of manufacturing the Olympic symbols for commercial purposes. Where there is no illegal income, a fine of less than $50,000 may be imposed. If the parties are not satisfied with the processing decision, they may bring a lawsuit to the People's Court within 15th from the date of receipt of the processing notice, in accordance with the administrative Procedure Law of the People's Republic of China, and the administrative department for Industry and Commerce may apply to the People's Court The administrative Department of Industry and Commerce shall, at the request of the parties concerned, mediate the amount of compensation for infringement of the exclusive right of the Olympic emblem; If the conciliation fails, the parties may sue the people's Court in accordance with the Civil Procedure Law of the PRC.

The use of Olympic symbols for fraud and other activities, in violation of the criminal law, in accordance with the Penal Code on fraud or other crime provisions, according to law for criminal responsibility.

11th of infringement of the exclusive right to Olympic symbols, industry and commerce administrative departments have the right to investigate.

The administrative Department of Industry and Commerce may exercise the following powers in the case of alleged infringement of the exclusive right of the Olympic emblem according to the evidence or report of unlawful suspicion obtained

(i) asking the parties concerned to investigate the situation relating to the violation of the Olympic emblem;

(ii) access to and reproduction of contracts, invoices, books and other relevant information relating to infringement activities;

(c) To carry out on-site inspection of the sites suspected of violating the special rights of the Olympic symbols;

(iv) Inspection of articles relating to infringement activities and seizure or seizure of articles which prove to be an infringement of the exclusive rights of the Olympic emblem.

When the administrative department of Industry and Commerce exercises the powers stipulated in the preceding paragraph according to Law, the Parties shall assist and cooperate with them and shall not refuse or obstruct them.

12th the import and export goods are suspected of infringing the exclusive right of the Olympic symbols, the Customs shall refer to the rights and procedures stipulated in the Customs law of the People's Republic of China and the PRC Customs Protection regulations on intellectual property rights.

13th infringement of the Olympic symbols exclusive rights of the amount of compensation, in accordance with the right to be infringed by the loss of infringement or infringement of the interests of the rights to determine, including to stop the infringement of the reasonable expenses paid; the loss of the infringer or the interests of the infringer are difficult to determine, According to the Olympic symbol license fee reasonable determination.

The sale does not know is violates the Olympic symbol exclusive right the commodity, can prove that the commodity is lawfully obtains and the explanation provider's, does not undertake the compensation responsibility.

14th Olympic Symbols In addition to the protection in accordance with this Ordinance, can also be in accordance with the "People's Republic of China Copyright law", "PRC trademark law", "People's Republic of China", "special signs management regulations" and other laws and administrative regulations to be protected.

15th This Ordinance shall be implemented since April 1, 2002.

======== Recommended Reading ========

Thunder was sued for relay Olympic torch relay

National Copyright administration: Cracking down on the Internet to broadcast Olympic Games

Individuals in the blog published Olympic infringement information should be quickly deleted

Notice on prohibiting illegal transmission of Olympic events and related activities via Internet