Compensation standard for ice pier infringement

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. Spontaneous production and use, if not for commercial purposes, the masses make their own ice piers, such as carving ice piers with oranges, dough plates or rice balls. , only for their own entertainment and family use, generally does not constitute infringement.

The ice shield is the mascot of the 2022 Beijing Winter Olympics. Combining the panda image with the super ice crystal shell, the head shell shape is taken from the ice and snow sports helmet, decorated with colorful halo, and the overall image looks like an astronaut. On August 8, 20 18, the launching ceremony of the global collection of mascots for the Beijing Winter Olympics and Paralympic Winter Games was held. On the evening of September 20 19 17, the ice pier was officially unveiled. Ice pier symbolizes creating extraordinary and exploring the future, and embodies the infinite possibility of pursuing Excellence, leading the times and facing the future. May, 2022 17, Ice Pier is a new product, and it is a series! There is also a pink ice pier, which the designer says is a loving product and can bring love to more people.

The exclusive right of the ice pier belongs to the Beijing Winter Olympics Organizing Committee. The cartoon image of Ice Shield constitutes an art work, which is protected by the copyright law and restricted by Article 24 of the copyright law on the fair use of works. The production and sale of pirated products around Bingdundun belongs to "unauthorized copying and use of Olympic symbols and Olympic-related works", which violates the Regulations on the Protection of Olympic Symbols, the Regulations on the Administration of Special Signs, the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC), the Advertising Law of People's Republic of China (PRC) and the Anti-Unfair Competition Law of People's Republic of China (PRC).

Legal basis: Article 24 of the Copyright Law stipulates that a licensing contract shall be concluded with the copyright owner for the use of other people's works, except that no license is required according to the provisions of this Law. The licensing contract includes the following main contents: (1) the types of licensed rights; (2) The licensing right is exclusive or non-exclusive; (three) the geographical scope and duration of the license; (4) payment standards and methods; (5) Liability for breach of contract; (six) other contents that both parties think need to be agreed.