Under “One trick is hard to find”, how intellectual property rights support the “protective cover” for “Bing Dun Dun”

2022-07-17 0 By

From the market heat of “one trick is hard to get” to the ultimate dream of “one trick for each household”, the mascots of 2022 Beijing Winter Olympic Games “Bing Dwen Dwen” and “Xue Rong Rong” have quickly become the “top stream”.However, with the huge flow of “ice dun dun”, also become a means for some people to take advantage of the opportunity to profit.What is a legal trick lover?Follow the reporter to see.On February 16, jinan market supervision Bureau and Huaiyin District Market supervision Bureau jointly inspected several small commodity markets near Jingyi Road in The city. The inspection is a special action to protect the intellectual property rights of the Olympic symbols of Beijing 2022 Winter Olympic and Paralympic Games.Focus on strengthening the inspection of food and beverage, cultural and sports articles, clothing, shoes and hats, snow and ice equipment and other key areas, especially wine, souvenirs, toys and other key commodity categories, to prevent unauthorized use of the Olympic logo as commodity packaging, decoration or trademark.Special inspections like this have been carried out since November 2021, and have become more frequent since the Opening of the Winter Olympics. Up to now, more than 300 special inspections have been conducted, and more than 1,000 businesses of various types have been inspected.Recently, Jinan High-tech Zone on the investigation of two suspected sales of custom “Bing Dwen Dwen” cake Olympic logo infringement cases.”One of them made three cakes similar to the image of Bing Dwen Dwen, and sold one, the other two were detained, and the other one is still being questioned. Both cases are still being handled.”High-tech Zone market supervision department related staff introduction.In addition, Jinan also timely checked the State Administration for Market Regulation and Shandong Provincial Bureau of Market Regulation transfer related to the Olympic logo infringement of more than 30 illegal clues.”It mainly involves food, clothing, ornaments, cosmetics packaging and so on.”Jinan Market Supervision Bureau intellectual property protection department related person in charge of introduction, “in fact, while checking, we will also popularize and publicize the relevant knowledge of intellectual property to enhance the awareness of merchants.”As “Ice Dwen Dwen” wearing a shell of the shape, whether “ice Dwen Dwen” “snow Rong-rong” or involving the Beijing Winter Olympics, winter Paralympics logo, are wearing a “protective cover”.Just a few days ago, the 2022 Beijing hold the press conference of the news center, recently, the Beijing fast detection, fast v., fast to producing pirated games mascot “ice mound mound” together “snow taking” doll case, criminal suspects a was sentenced to prison for a year, $40000 fine, this is also the country’s first Beijing games mascot image copyright infringement of criminal cases.In addition to the copyright of the image, boCOG also enjoys the exclusive right of the registered trademark and design patent of the image of “Bing Dwen Dwen”, the exclusive right of the registered trademark of the Chinese and English name of “Bing Dwen Dwen”, and the exclusive right of the Olympic logo.A total of 63 Olympic symbols have been announced by the State Intellectual Property Office, including the mascot bing Dwen Dwen, the five Olympic rings and the Beijing Winter Olympics emblem.The State Intellectual Property Office gave public protection to the 63 Olympic symbols, as well as 14 patent applications and 315 trademark applications submitted by the Beijing Winter Olympics Organizing Committee.According to the app, the Beijing 2022 Winter Olympic and Paralympic Games Organizing Committee has registered all categories of “Bing Dwen Dwen” and “Xue Rong Rong” trademarks, and 45 related trademarks have been successfully registered in September 2019 and December 2020.Sensing business opportunities, many companies are registering the trademarks of “Bing Dwen Dwen” and “Xue Rong Rong”, but most of them are in the “invalid” or “rejected” state except for the official trademarks which have been registered.The press also noticed that on February 14, the State Intellectual Property Office issued a Notice on Cracking down on the registration of trademarks such as “Bing Dwen Dwen” and “Gu Ailing”, rejecting 429 trademark registration applications such as “Bing Dwen Dwen” and “Gu Ailing”.43 registered trademarks such as “Xuedundun” and “Gu Ailing” were declared invalid on their own initiative.And in this special action, “according to the law to severely crack down on unauthorized Olympic champions and other well-known Olympic athletes as trademarks malicious squatting and damage their name rights and legitimate rights and interests” is also one of the content.Whether it is “commercial purpose” is very critical how to determine whether businesses or consumers have infringement?A person in charge of the Intellectual Property Protection Department of Jinan Market Supervision Bureau said that whether it is for “commercial purposes” is a key point.The reporter understands query information, bocog authorized enterprise production and sales of goods related to Olympic and paralympic games intellectual property known as Olympic merchandise, the franchise companies to pay royalties to the ocog way to obtain the right to produce or sell merchandise, merchandise and generate revenue through production or sales,The OCOG will use the royalty fees collected for the preparation of the Games.According to the Regulations on the Protection of The Olympic Symbols, no one can use the Olympic symbols for commercial purposes without the permission of the owner of the Olympic symbols.Take Bingdwen Dwen as an example. The image and name of bingdwen Dwen are Olympic symbols determined by Chinese laws and regulations. Without the permission of boCOG, no one is allowed to use the image and name of bingdwen Dwen for commercial purposes.If used as a non-commercial, corporate organ, autonomous mass organizations at the grass-roots level, business unit and other non-profit legal person or organization to apply for the licensed user shall, in accordance with the approved scope, signed commitment as well as the technical specifications set by the Beijing games organizing committee to use “ice mound mound,” shall not implement the behavior of any violations of the Beijing games organizers of intellectual property rights,Nor shall it assist any third party to commit any act of confusion that may cause people to think it has a specific connection with boCOG and Beijing Winter Olympic Games.The head also tells a reporter, jinan will focus on the special operation according to crack down on counterfeit violation, infringement of the Olympic logo on one of the important content is “introduce according to the law without permission, without authorization to use the Olympic symbols for commercial purposes, or to use enough to catch mistakes approximation of the exclusive rights of the Olympic logo infringement behavior”,The production and sale of other products or commodities with similar appearance or shape to “Bing Dwen Dwen” and “Xue Rong Rong” belong to this kind of behavior, and the market supervision department may order the infringement to stop, and carry out corresponding disposal or punishment.Alert!Fraud quietly come to “ice dun dun” “snow rong rong” hot is also targeted by the cheater.Recently, the scam of daigou bing Dandong appeared in many places. Consumers bought “Bing Dandong” through daigou on wechat or the Internet, and the price was not only higher than the official price, but also blocked by the so-called daigou after the transfer.A few days ago, the Ministry of Public Security held an online press conference to remind people to rational consumption, do not buy from “scalpers” hands of high prices, do not believe in price speculation to avoid economic losses.At the same time, we should be on high alert for other fraudulent activities, including fake winter Olympics official website fraud, fake sales and fake purchasing of Winter Olympics souvenirs such as “Bing Dwen Dwen”, fake winning information fraud in the name of enterprises, fake Olympic fundraising fraud, red envelope fraud and so on.For all activities related to the Winter Olympic Games, you must log on to the official website of the Winter Olympic Games or check with the authorities if you need to pay “advance payment”, “deposit” or “commission fee” in advance.