Ten Typical Cases: Infringement Cases in Kindergartens

On February 13, 2019, the State Intellectual Property Office issued Announcement No. 294 to protect No. A000002 “Winter Olympics” and other symbols, Beijing 2022 The Organizing Committee of the 2020 Winter Olympics and Paralympics enjoys the exclusive right to the above symbols from the date of announcement, valid for 10 years; on January 15, 2020, the State Intellectual Property Office issued Announcement No. No. A000020 “

“, No. No. A000023 “

” and other signs Implement Protection, Beijing 2022 Winter Olympics and Winter Paralympics Organizing Committee will enjoy the exclusive right to the above marks from the date of the announcement, valid for 10 years; on July 8, 2021, the State Intellectual Property Office issued Announcement No. 438, to No. A000035 “

” and other signs are protected, and the International Olympic Committee will implement the protection from the date of announcement enjoy the exclusive right to the above-mentioned signs, valid for 10 years.

March 3, 2022

According to reports from the public, the Market Supervision and Administration Bureau of Doumen District, Zhuhai City,

On-site demonstration inspection of a kindergarten.

After investigation, the parties published an article on February 22, 2022 Promote an article titled “[A Kindergarten] “Winter Olympics” Closing, Please Use 10 Moments to Inspire Children to Live in the Sun”.

The parties used the words “Winter Olympics” and Beijing 2022 Winter Olympics and Winter Paralympics mascot pattern (“Bingdundun”, “Xuerongrong”) pattern and “Olympic Five Rings Pattern Logo” Olympic logo pattern;

The parties cannot provide the authorized use of the Olympic Symbols No. A000002, No. A000020, No. A000023 and No. A000035 The relevant supporting materials of the number.

From February 22, 2022 to March 2022 During the period of March 3, the above-mentioned act of using the Olympic symbol for commercial purposes without the permission of the Olympic symbol obligeehas no operating income. The parties concerned use the Olympic symbolsfor commercial activities without the permission of the obligee, which falls under the first paragraph of Article 12 of the Regulations on the Protection of Olympic Symbols constitutes an illegal act of infringing on the exclusive rights of Olympic symbols .

In view of the incident The parties seriously repented of the illegal behavior, actively cooperated with the investigation, truthfully explained the illegal facts and voluntarily provided evidence materials. In the end, the Market Supervision and Administration Bureau of Doumen District, Zhuhai City determined that the party involved constituted an illegal act of infringing on the exclusive right to the Olympic logo. According to Article 12, Paragraph 1 of the “Olympic Symbols Protection Regulations”, the case-handling authority ordered the party concerned to stop the infringement immediately and imposed a fine of 4,000 yuan punishment.

This case happened at the right timeDuring the 2022 Beijing Winter Olympics and Winter Paralympics, the Market Supervision and Administration Bureau of Doumen District, Zhuhai City received the report quickly and sensitively, and acted in a timely manner, effectively and promptly stopped the expansion of the scope of adverse effects of related illegal activities, and did not cause a large impact on public opinion . This case actively guides the rationalization and legalization of the “Olympic enthusiasm” of the whole people, severely cracks down on violations of the exclusive rights of Olympic symbols, further enhances the awareness of intellectual property protection in the whole society, and creates a foundation for the smooth holding of the 2022 Beijing Winter Olympics and Winter Paralympics. Good environment and atmosphere.


Source: Market Supervision Administration of Doumen District

< p data-track="22">Editor: Zhuhai Market Supervision Team

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