Homemade “ice dun dun” “snow rong rong” whether infringement?The authority answered

2022-05-10 0 By

With the Beijing Winter Olympic Games in full swing, the mascot “Bing Dwen Dwen” is also popular throughout the network, become no problem in the Winter Olympics “top flow”!With the popularity of “Bing Dwen Dwen”, there are also some problems: scalpers resell “Bing Dwen Dwen” at a high price to make illegal profits;Some people can not buy, homemade “ice pier pier”, and even friends circle sales open up a new way to get rich;Some people make and spread “Bing Dwen Dun” “Xue Rong Rong” emoticons and related peripheral products on the Internet;There are even people fake around the Winter Olympics fraud…All kinds of phenomena both hammer “ice dun dun” top flow status, but also reflects some chaos in the market.That ice dun dun so lovely, rob, can you produce?Make relevant expression pack, calculate tort?”Ice dun dun” “Snow rong Rong” was registered?According to Www.cntrademark, there have been 177 trademark applications for “Bing Dwen Dwen” and 91 for “Xue Rong Rong”, most of which are either “invalid” or “rejected” except for the official applications that have already been registered.The Beijing 2022 Olympic and Paralympic Winter Games Organizing Committee applied to register the trademarks of “Bing Dwen Dwen” and “Xue Rong Rong” in 45 international categories in September 2019 and successfully registered them in December 2020, according to Cntrademarked.BING DWEN DWEN and Xue Rong Rong, also known in English as BING DWEN DWEN and SHUEY RHON RHON, also applied for registration by the Beijing 2022 Winter Olympic and Paralympic Games Organizing Committee on September 16, 2019.More than that, the 3d logo of bing Dwen Dwen and Xue Rong Rong has also been applied for registration on September 16, 2019.In addition to the trademark, the Beijing 2022 Olympic and Paralympic Winter Games Organizing Committee has also applied for a patent to protect Bing Dwen Dwen and Xue Rong Rong.On September 16, 2019, the Beijing 2022 Olympic and Paralympic Winter Games Organizing Committee applied for the design of the “Bing Dwen Dwen” and “Xue Rong Rong” signage and was authorized on June 19, 2020.”A pier is difficult to find”, users show their skills trademark protection is good, but can not change the “pier is difficult to find” situation, various users show magic power, homemade “ice pier pier”.Hua mo “Bing Dun Dun” “Snow Rong Rong”, silly putty “Bing Dun Dun”, paper cutting “bing Dun Dun” “snow Rong rong”…Not only that, the soldiers of the snow plateau 5,000 meters above sea level, personally made ice dun dun to help the Beijing Winter Olympics, wish the Olympic athletes achieve great achievements!Too bad to do it?Take it easy, the weibo cartoon blogger teaches netizens how to draw “Bing Dwen Dwen” hand in hand.Homemade “dun Dun” mo spread, personal use is not tort so the problem comes, these folk homemade “ice dun dun” “snow rong Rong” in the end will infringement?Recently, jiangsu Provincial Intellectual Property Office and Jiangsu Consumer Protection Commission released their official accounts to respond in detail to several kinds of questions that netizens are concerned about.The cartoon images of “Bing Dwen Dwen” and “Xue Rong Rong” obviously constitute works of art and are protected by the copyright law.The copyright owner (Beijing Organizing Committee for the Winter Olympic Games) reserves the right to prohibit other people from using the work without his permission, including the development, dissemination and sale of derivative products representing the work.In addition, the copyright of “Bing Dwen Dwen” and “Xue Rong Rong” is also restricted by article 24 of the Copyright Law concerning the fair use of works.If the use behavior conforms to the purpose of personal appreciation, such as weaving its pattern on the scarf, glove and other personal articles for personal use only;Or newspapers, periodicals, radio stations, television stations and other media in the news of the reproduction of the image, usually does not damage the legitimate rights and interests of the copyright owner, does not constitute infringement.1. Is the production and dissemination of “Bing Dwen Dun” and “Xue Rong Rong” related emojis on the network an infringement?Answer: “Bing Dwen Dwen” belongs to the “fine art work” stipulated by The Copyright Law of China, and is protected by the Copyright Law, trademark Law and other laws.Of course, we can use it reasonably according to the Copyright Law, such as the reuse of images by radio stations, newspapers and periodicals for publicity reports;Just for personal appreciation, printing “Bing Dwen Dwen” patterns on personal items such as cups for personal use, etc., such use is within the scope permitted by law, and does not constitute infringement.It should be noted that the determination of copyright infringement does not depend on whether the use behavior has commercial profit purpose, especially in the case of spreading works through the network.If you make the image of “Bing Dwen Dun” and “Xue Rong Rong” into a pattern similar to emoticons without authorization, and spread it on the Internet, even if it does not involve fees, if this behavior is not approved by the organizing committee, it is also a tort.2. As licensed products of the Winter Olympics, what are the particularities of copyright protection of “Bing Dwen Dwen” and “Xue Rong Rong” related peripheral products?A: Licensed products of the Winter Olympics refer to the products produced and sold by enterprises authorized by the Beijing Winter Olympics Organizing Committee (BOCOG) in connection with the intellectual property rights of the Winter Olympics and Paralympics.”Bing Dwen Dwen” and “Xue Rong Rong” are the Olympic symbols announced by the State Intellectual Property Office. The peripheral products designed in the image of “Bing Dwen Dwen” and “Xue Rong Rong” are not only the material carrier of the intellectual property rights of the Winter Olympic Games, but also the “Olympic-related assets” of the International Olympic Committee.As the host of the 2022 Winter Olympic Games, Beijing not only has to protect licensed products in accordance with the Copyright Law, trademark law, patent law, anti-unfair competition law and other laws, but also in accordance with the Regulations on the Protection of Olympic Symbols and the Olympic Host City Contract signed with the Ioc.3, in the face of the “one pier difficult to find” situation, some businesses moved to a crooked mind, pirated “Ice Pier Pier” dolls and other peripheral products also appear on some e-commerce platforms.So, production, sales of “Ice dun Dun” piracy around what laws?A:According to the Notice on Mascots of Beijing 2022 Winter Olympic and Paralympic Games issued by boCOG on September 17, 2019, the BoCOG, as the copyright owner of Bing Dandong dwen, has registered the copyright of bing Dandong dwen and Xue Rongrong in China Copyright Protection Center.It has applied for trademark registration in the Trademark Office of the State Intellectual Property Office for the image and name of the mascot, and has submitted the image and name of the mascot to the State Intellectual Property Office for announcement as the Olympic logo.Therefore, production, sales, ice mound mound piracy around belong to “copied without permission to use the Olympic logo and involved the work”, has violated the Olympic symbol protection ordinance “special signs management ordinance” trademark law of the People’s Republic of China “the patent law of the People’s Republic of China” the advertisement law of the People’s Republic of China “the anti-unfair competition law of the People’s Republic of China,If the pirated peripheral online sales will also violate the “People’s Republic of China e-commerce law”.In addition, according to the Law on the Protection of Consumer rights and Interests, consumers enjoy the right to fair trade when buying goods.The phenomenon of “one trick is hard to get” encourages the atmosphere of scalping at high prices, which not only damages the interests of consumers, but also disturbs the normal market order.You “pier fans” must be rational consumption, guard their money bags.Province disappear protects appoint to suggest broad consumer, buy Olympic Games mascot to want to maintain rational, look for store of concession of winter Olympic Games.If any manufacturer produces and sells without permission, which infringes the copyright of bingdudun owner and involves legal risks, consumers should remain vigilant and pay attention.And the shortage is only temporary, the Beijing Winter Olympics organizing committee has learned of the enthusiasm of the people, as factories reopen after the Spring Festival, to increase supply, “everyone a win” is just around the clock.Xinhua Daily · Intersection point reporter Hong Ye Xu Haiyan Xinhua Daily all media Economic News Department production editor: Yan Ying This article from, only represent the views of the author.The national Party media information public platform provides information dissemination services.ID: JRTT