Implementing Regulations on the Protection of the Olympic Symbols and Delivering Fantastic, Extraordinary and Excellent Olympic and Paralympic Winter Games
(Li Fuying, Director of the Legal Affairs Office of the People’s Government of Beijing Municipality & Director of the Legal Affairs Department of the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games)
On the eve of the 3rd anniversary of Beijing's success in bidding for the XXIV Olympic Winter Games and the XIII Paralympic Winter Games in cooperation with Zhangjiakou, Hebei province, the newly amended Regulations on the Protection of Olympic Symbols were promulgated, marking that China has turned a new page in the protection of Olympic intellectual property rights. Protecting the Olympic intellectual property rights is not only a solemn commitment made by China to the world, but also provides important support for delivering fantastic, extraordinary and excellent Olympic and Paralympic Winter Games.
During the bidding period of the Olympic Winter Games, the Chinese government made a solemn commitment to the International Olympic Committee (IOC) to strengthening the legislative protection over Olympic intellectual property. In the Candidature File, as to the protection of Olympic Symbols, the Chinese government promised to "formulate and promulgate special laws and regulations to protect the rights and interests of the IOC in accordance with the IOC’s specific requirements". The Candidature File laid special emphasis on ambush marketing: "effectively protecting Olympic intellectual property rights, preventing and taking actions against ambush marketing". The Host City Contract signed with the IOC after winning the bid for the Beijing 2022 Olympic and Paralympic Winter Games also put forward detailed and clear requirements for the protection of Olympic property and actions against ambush marketing.
The Regulations on the Protection of the Olympic Symbols issued by China in 2002 were the first law related to Olympic intellectual property protection in China, which provided important legal guarantee for delivering a high-standard Olympic Games with distinctive features in Beijing in 2008, and won wide acclaim at home and abroad. The regulations were also the most important institutional legacy that the Beijing 2008 Olympic Games left for China. However, these regulations are only applicable to the Beijing 2008 Olympic Games, and cannot fully meet the actual needs of preparation for the Beijing 2022 Olympic and Paralympic Winter Games in terms of right owners under protection, scope of protection, duration of protection, control of ambush marketing and Paralympic Games-related symbols protection. Thus, it is necessary to make appropriate amendments to it.
After Beijing won the bid for the Olympic and Paralympic Winter Games, in order to fulfill bidding commitments and perform contractual obligations, the Chinese government quickly started relevant procedures for legal amendment based on this precious legacy left by the Beijing 2008 Olympic Games. After over two years' efforts, the new Regulations on the Protection of Olympic Symbols covering more items and with a wider range and higher level of protection has been launched. This amendment has expanded the scope of the Olympic Symbols and their right owners, improved the validation and licensing procedures, strengthened the regulation on ambush marketing, and increased the administrative penalties on infringers, which follows the new trend and meet the new requirements for worldwide protection of Olympic intellectual property and is conducive to providing complete protective mechanisms for Olympic property right owners. It not only fully meets the actual needs of preparation for the Beijing 2022 Olympic and Paralympic Winter Games, but also vigorously drives the promotion and development of the Olympic Movement in China. This also marks a concrete action to implement the important policy made at the 19th National Congress of the CPC: "make smooth preparations for the Beijing 2022 Olympic and Paralympic Winter Games". In particular, it demonstrates the image of China as a great responsible country respecting the rules and taking on its commitments.
Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games (Beijing 2022) will do its best to continue to protect the Olympic Symbols and perform its missions. With the promulgation and implementation of the amended Regulations, the following key tasks will be well performed:
First, keeping extensive communications. Beijing 2022 will take various measures and organise learning and communications activities in various forms. The general communications to the public will be combined with systematic training on personnel in key areas and key industries to raise the awareness of the Olympic intellectual property protection in all sectors of the society and create a good environment for willingly protecting the Olympic intellectual property. At the same time, Beijing 2022 will also keep active communications with international organisations such as the IOC and the International Paralympic Committee (IPC) to achieve sound communications.
Second, strengthening coordination and cooperation. Beijing 2022 will fully communicate and cooperate with relevant law enforcement departments in respect of market supervision, intellectual property, etc., study the ways to implement relevant regulations on publication of the Olympic Symbols, disclosure of licensing and renewal of validity period, and assist in the implementation of the Regulation.
Third, enhancing protection. Beijing 2022 will strictly abide by and apply the Regulation, make active efforts to establish and improve the mechanism for discovering and transferring clues of cases with administrative law enforcement departments and judicial organs, strengthen the supervision of the use of the Olympic Symbols, and take resolute measures against infringement.
Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games All Rights Reserved
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