On the afternoon of February 9, Shantou Municipal Market Supervision Administration conducted special inspections in key commercial places such as Vientiane City and Suning Plaza. In a dessert shop in Vientiane City, law enforcement officers found that the dessert named "Strawberry Snow Mountain Cake" sold by the store was printed with the Olympic rings logo, and the shape of the dessert was suspected of infringing the design right of the mascot "Ice Shield" of the Beijing 2022 Winter Olympics.
Selling cake "ice mound" is an infringement. According to the provisions of Articles 4 and 5 of the Regulations on the Protection of Olympic Symbols, the right holders of Olympic symbols enjoy the exclusive rights of Olympic symbols in accordance with these regulations. No one may use the Olympic symbol for commercial purposes without the permission of the owner of the Olympic symbol.
It is reported that the cake "Bingdundun" sold by these two dessert shops has not obtained the relevant authorization of the Olympic logo, and has been ordered by law enforcement officers to immediately remove the cake shop, stop selling cakes, and quickly file a case.
At the same time, according to Article 12 of the Regulations on the Protection of Olympic Symbols, if the market supervision and management department finds that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods or make the Olympic symbols for commercial purposes without authorization. If the illegal business amount is more than 50,000 yuan, a fine of less than 5 times the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed.
The Organizing Committee of Beijing 2022 Winter Olympics and Paralympic Winter Games applied for registration of 45 international classified trademarks such as "Ice Shield" and "Edelweiss" in September 20 19, and successfully registered them in February 2020. It is worth mentioning that the number of trademark applications for "Bingdundun" and "Edelweiss" reached 170 and 90 respectively. Except for the trademarks formally applied for, most of them are in the state of "invalid" or "rejected".
Views on this matter: The mascot "Ice Shield" is an important property of the Beijing Winter Olympics Organizing Committee. BOCOG enjoys the copyright, exclusive right of registered trademark and patent right of design for the image of Bingdundun, and the exclusive right of registered trademark for the Chinese and English names of Bingdundun according to law. Therefore, anyone who uses the image or name of "Bingdundun" shall abide by the provisions of People's Republic of China (PRC) Copyright Law, People's Republic of China (PRC) Trademark Law, People's Republic of China (PRC) Patent Law and other relevant laws and regulations.
As a work of art, the copyright of the image of "Ice Shield" is protected by law. Without the permission of BOCOG, no other unit or individual is allowed to use this work, nor is it allowed to distort or tamper with the image of "Ice Shield". Similarly, BOCOG's exclusive right to use registered trademarks and design patents for the image and name of "Ice Shield" are also protected by law. BOCOG has the right to investigate the legal responsibility of the infringer for illegal use.
If the use behavior meets the purpose of personal appreciation, such as weaving its patterns on personal items such as scarves and gloves for personal use only; Or the reproduction of the image by newspapers, periodicals, radio stations, television stations and other media when reporting news usually does not harm the legitimate rights and interests of the copyright owner and does not constitute infringement.
The determination of copyright infringement is not based on whether the use behavior has commercial profit purpose, especially in the case of spreading works through the network. Therefore, if the images of "Ice Shield" and "Edelweiss" are made into patterns similar to expression packs and spread on the Internet without the permission of the Organizing Committee, even if there is no charge involved, it is also an infringement.