Attention merchants! These violations of "Olympic standards" are unacceptable. The 2022 Beijing Winter Olympics is a major landmark event at an important historical node in China, and it is an important opportunity to show the national image and inspire the national spirit. Attention merchants! These violations of "Olympic standards" are unacceptable.
Attention merchants! These violations of "Olympic standards" must not be close to 1 Winter Olympics. Nowadays, many enterprises and businesses like to advertise themselves in the form of "enthusiasm", but we should pay attention to some "enthusiasm" that cannot be casually rubbed!
Recently, law enforcement officers of Jiading District Market Supervision Administration in Shanghai found that the official WeChat account published and promoted by a large sports training venue contained the words "2022 Beijing Winter Olympics" and the Olympic emblem logo, which was suspected of using the Olympic logo to carry out commercial publicity activities without permission. Currently, the case is under investigation.
The 2022 Beijing Winter Olympics and Winter Paralympics are major landmark activities at important historical nodes in China, and are important opportunities to show the national image, promote national development and inspire national spirit. Related intellectual property rights, such as signs, badges and mascots, are protected and inviolable.
In order to ensure the success of the Winter Olympics and Paralympics, according to the requirements of Shanghai Municipal Market Supervision Administration and Shanghai Intellectual Property Office, Shanghai Jiading District Market Supervision Administration formulated the Notice on Launching the Special Action for Intellectual Property Protection of Olympic Symbols of Beijing 2022 Winter Olympics and Paralympics, which defined five key tasks and comprehensively protected the Olympic Symbols through "special action+wrong time supervision".
We should pay attention to the following points about the Olympic logo and the related logo of the Paralympic Games:
1. Without the permission of the Beijing Organizing Committee for the 2022 Winter Olympics and Paralympics, the International Olympic Committee or the International Paralympic Committee, no unit or individual may use the Olympic symbols for commercial purposes. Licensed legal users shall use the Olympic symbols in strict accordance with the permitted scope.
2. Without the permission of the Beijing Organizing Committee for the 2022 Winter Olympics and Paralympics, the International Olympic Committee or the International Paralympic Committee, it is not allowed to use the relevant elements of the Winter Olympics and Paralympics to publish advertisements, which will make people mistakenly think that there is sponsorship or other support relationship with the right holders and mislead consumers.
3. Olympic symbols and related symbols of Paralympic Games, mainly including: the Olympic five-ring symbol, Olympic flag, Olympic motto, Olympic emblem and Olympic anthem of the International Olympic Committee; Proper nouns such as Olympics, Olympia and Olympic Games and their abbreviations; The name and abbreviation, mascot, anthem, torch shape, slogan, "host city name+host year" and other signs of the Olympic Games held in China, as well as the name and emblem of the organization; Other signs related to the Olympic Games held in China as stipulated in the Olympic Charter and the Host City Contract; Paralympics related signs, etc.
Attention merchants! These "Olympic bid" infringements are unacceptable. The 2022 Beijing Winter Olympics is a major landmark event at an important historical node in China, and it is an important opportunity to show the national image, promote national development and inspire national spirit. Running the Beijing Winter Olympics and Paralympics well is a major event for the party and the country, and it is also a solemn commitment of China to the international community. In order to better protect Olympic intellectual property rights such as Beijing Winter Olympics and Paralympic Winter Games, and standardize the use of Olympic symbols, according to the Regulations on the Protection of Olympic Symbols, People's Republic of China (PRC) Advertising Law, People's Republic of China (PRC) Anti-Unfair Competition Law, People's Republic of China (PRC) Trademark Law and other laws and regulations, the following advertising review tips are given on the use of Olympic symbols in commercial advertisements.
Key tips
1. Without the permission of the Beijing Organizing Committee for the 2022 Winter Olympics and Paralympics, the International Olympic Committee or the International Paralympic Committee, no unit or individual may use the Olympic symbol in commercial advertisements, commercial marketing, commercial exhibitions and other commercial activities. Licensed legal users shall use the Olympic symbols in strict accordance with the scope of authorization.
2. Without the permission of the Beijing Organizing Committee for the 2022 Winter Olympics and Paralympics, the International Olympic Committee or the International Paralympic Committee, it is not allowed to use the relevant elements of the Winter Olympics and Paralympics to publish advertisements, which will make people mistakenly think that there is sponsorship or other support relationship with the obligee and mislead consumers.
Three, the Olympic logo and the relevant logo of the Paralympic Games, mainly including:
(1) Olympic rings, Olympic flag, Olympic emblem and Olympic anthem of the International Olympic Committee;
(2) Proper names and abbreviations of Olympic Games, Olympia and Olympic Games, such as Olympic Games and Olympic Games;
(3) The name of the Olympic Games held in China and its abbreviation, mascot, anthem, torch shape, slogan, "name of host city+year of holding" and other signs, as well as the name and emblem of its organization;
(4) Other signs related to the Olympic Games to be held in China, such as sports icons, as stipulated in the Olympic Charter and the contract of the host city of the relevant Olympic Games.
(5) The relevant symbols, protected objects and protection standards of the Paralympic Games are the same as those of the Olympic Games.
Four, advertising shall not contain or involve the following tracer elements:
1. Use the same pattern (no matter what color) as the Olympic five-ring logo, the Olympic flag, the Olympic emblem, the logo related to the Beijing Winter Olympics, the logo related to the Winter Paralympics, the mascot and the torch shape. Or a clearly identifiable part or deformation thereof;
2. Highlights include but are not limited to Beijing 2022 Winter Olympics and Paralympics, Beijing 2022 Winter Olympics, Beijing 2022 Winter Paralympics, 24th Winter Olympics, 13 Winter Paralympics, Beijing Winter Olympics, Winter Olympics, Beijing 2022 and 2022. The words "higher, faster and stronger" or "faster, higher and stronger", "hand in hand to create the future", "ice pier" and "melting snow" or decorated with these words;
3. The words mentioned in item 2 of this article are not highlighted, but are associated with strategic partner, strategic cooperation, sponsorship, partner, supplier, service provider, designation, special license, special authorization, support, evaluation or.
5. When an advertiser entrusts the design, production, agency and release of an advertisement involving the Olympic tracer element, it shall provide the license contract of the obligee or other relevant legal and valid documents. Advertising units should be through the official website of China National Intellectual Property Administration (www. Cnipa. Governor.cn) is published in the column of government information disclosure and the official website of Beijing 2022 Winter Olympic Organizing Committee (www. Beijing. Cn) Understand and check the information about the types, licensees, licensed goods or services, duration and geographical scope of the Olympic symbols. According to the official release column, the sponsor license information of Beijing 2022 Winter Olympics and Winter Paralympics was released in time. When designing, producing, acting as an agent and publishing advertisements containing the Olympic Games, the Winter Olympics and the Winter Paralympics, all advertising business publishing units shall strictly check and carefully review the relevant supporting documents.
Attention merchants! These "Olympic bid" infringements must be 3. According to the website of Beijing Municipal Market Supervision Bureau, on June 5438+1October 65438+July, Beijing Erguotou Liquor Co., Ltd. was ordered by Beijing Municipal Market Supervision Bureau to make corrections and imposed a fine of 6. More than 65438+ ten thousand yuan.
According to the administrative penalty, after investigation, Beijing Erguotou Liquor Co., Ltd. produced a batch of products marked "2022 Beijing Winter Olympics" on February 2, 2002 1, each with 6 bottles. 5L. The above products were sold to Zhao on 202 1, 12, with a sales amount of 6 1597. 9 yuan. Illegal business amount 6 1597. 9 yuan.
The 2022 Beijing Winter Olympics is getting closer and closer to us. As soon as the emblem and mascot of the Winter Olympics appeared, it became the focus of public attention. However, if he is lucky enough to break the rules, he will be given a ticket.
Case 1
The case of Jiulongpo Hotpot Restaurant in Binhu District using the Olympic symbol in commercial propaganda without authorization.
In August, 2002/kloc-0, Wuxi binhu district market supervision bureau conducted an on-site inspection of Jiulongpo hot pot restaurant in binhu district under its jurisdiction, and found that the party concerned was registered in Sina Weibo in 2020, and on July 25th and 26th, 2002/kloc-0, the content of "# Watch the Olympics together # # # Unforgettable food # #" was released.
"The above two Weibo Olympic Games, Tokyo Olympic Games and other contents belong to the Olympic Games, Olympia, the Olympic Games and their abbreviations and other Olympic symbols. In order to enhance commercial influence and promote their own catering brands, the parties used the Olympic logo in commercial propaganda without permission, which violated the provisions of Article 4 of the Regulations on the Protection of Olympic Symbols. " 202 1 10, Wuxi binhu district market supervision bureau ordered the party concerned to stop the illegal act and imposed a fine of 30,000 yuan according to Article 12 of the Regulations on the Protection of Olympic Symbols.
Watch industry tourism
Shuang 'ao Ice and Snow (Beijing) Technology Co., Ltd. infringed the exclusive right of the Olympic symbol "emblem of Beijing 2022 Winter Olympics"
The Fengtai District Market Supervision Administration of Beijing investigated and dealt with the illegal use of the emblem of Beijing 2022 Winter Olympics for commercial purposes by Shuang 'ao Bingxue (Beijing) Technology Co., Ltd. without the permission of the right holder of the Olympic symbol. After investigation, from July 20 19 to February 20 19, the parties concerned posted commercial publicity videos containing the graphic logo of the emblem of Beijing 2022 Winter Olympics on their respective websites without permission, which violated the exclusive rights of the International Olympic Committee and the Beijing Olympic Organizing Committee for the Winter Olympics. According to the Regulations on the Protection of Olympic Symbols and the Law of People's Republic of China (PRC) on Anti-Unfair Competition, Beijing Fengtai District Market Supervision Administration ordered it to immediately stop infringing acts and publish illegal contents, and imposed an administrative penalty of 300,000 yuan.
Case 3
Case of BMW (China) Automobile Trading Co., Ltd. Using the Olympic Proprietary Logo in Commercial Publicity
From July 23rd to August 8th, 20021year, BMW (China) Automobile Trading Co., Ltd. published 10 articles with the text "# Watch the Olympics #" and attached posters. Although the parties indicated that the copywriting and posters were designed, produced and published by Metso Technology (Beijing) Co., Ltd., and the hot search term "# Watching the Olympics #" was authorized by the Beijing branch of Shanghai Leobena Co., Ltd., the media procurement agency of the company, but after communicating with Sina Weibo, the organizing committee of Beijing 2022 Winter Olympics and Paralympics sent a letter confirming that the parties were not authorized to use the Olympic logo for commercial purposes. The parties did not use the publicity to obtain relevant economic benefits, so it was determined that there was no illegal business amount.
The above-mentioned behavior of BMW (China) Automobile Trading Co., Ltd. violated the second paragraph of Article 4 of the Regulations on the Protection of Olympic Symbols (20 18), and the Beijing Chaoyang District Market Supervision Administration ordered BMW to make corrections and imposed a fine of 50,000 yuan.
Case 4
Hao illegally used the Olympic symbol.
On February 3, 2002165438, Haoliyou Food Co., Ltd. used the Olympic symbol for commercial purposes without authorization, which violated the provisions of Paragraph 2 of Article 4 of the Regulations on the Protection of Olympic Symbols, and was fined 1 15000 yuan by Langfang Municipal Market Supervision Administration according to Article 12 of the Regulations on the Protection of Olympic Symbols.
Case 5
Changan Mazda uses the Olympic symbol without authorization.
20211,Changan Mazda used the Olympic logo for commercial purposes without permission, or used a misleading similar logo that violated the exclusive right of the Olympic logo, and was fined 20,000 yuan by Nanjing Municipal Market Supervision Administration.
Case 6
Migu used the Olympic symbol without authorization.
202 1, 10, Migu Culture Technology Co., Ltd., a subsidiary of China Mobile, violated the exclusive rights of the Olympic Games by using the Olympic logo for commercial purposes on a certain platform, and violated the first paragraph of Article 12 of the Regulations on the Protection of Olympic Symbols (20 18) and the Regulations on the Protection of Olympic Symbols (20/kloc-0
Case 7
Baolian Company violated the regulations on the protection of Olympic symbols.
202 1 10 Keep affiliated company Beijing Calorie Sports Co., Ltd. (hereinafter referred to as "Beijing Calorie Company") was fined for violating the regulations on the protection of Olympic symbols (20 18). According to the penalty information, on July 2nd, 20021year, it published a propaganda article entitled "The strongest fat burning season, outdoor sweat party of 100 people in Beijing CBD | calorie sports season" on its WeChat WeChat official account (ID: KeepLand), and the propaganda contents included "Burning summer to help the Winter Olympics" and "89 grabbing tickets immediately". The above behavior was not approved by BOCOG and the International Olympic Committee, and violated the relevant provisions of the Regulations on the Protection of Olympic Symbols (20 18), and was fined 50,000 yuan by Beijing Chaoyang District Market Supervision Administration.
Everyone is looking forward to the Beijing Winter Olympics.
Protecting Olympic standards starts with me.