Experts said the name of the name of the name of the name of the Olympic Games malicious hijacking illegal

The night of 11 November 2005, the twenty-ninth Olympic Games mascot officially unveiled. The mascot by five respectively by "fish, the panda, the Tibetan antelope, the swallow and the Olympic flame for the creative is affectionately called" Beibei, Jingjing, Huan Huan, yingying and Nini "Chinese" Fuwa ". This group of lovely and lively mascot, with "Beijing welcomes you" homophonic name, the blessing of Beijing, China's blessing to the world. The launch of these mascots quickly got the popular love, and triggered a series of purchase mascot mascot logo products.

Then, according to media reports, "Jingjing, Huanhuan, Fuwa Beibei", "Yingying" and "Fuwa Nini" and the name of the Olympic mascot related domain name, web site and SMS Web site has been registered by a space, and one part of the domain name was sold for 50 thousand yuan. The price, the seller said "this name in the next three years absolute appreciation potential".

According to the provisions of the regulations on the protection of Olympic symbols, Beijing Olympic intellectual property protection provisions and other provisions of the above alleged serious illegal acts.

Fuwa Jingjing and so whether it belongs to the Olympic logo

The provisions promulgated by the State Council, and has been in force since April 1, 2002 the "Regulations on the protection of Olympic Symbols" in article second, the twenty-ninth Olympic Games mascot belongs to the provisions of the Olympic logo. The regulations of article second (five) provisions, "the name, the twenty-ninth Olympic Games Organizing Committee of the twenty-ninth Olympic Games emblem and mascot, anthem, slogan," Beijing 2008 ", the twenty-ninth Olympic Games and the abbreviation" belongs to the regulations stipulated in the Olympic logo. Please note that the "equal". From the original meaning and purpose of the legislation, the mascot image, three-dimensional shape and their respective names, are the Olympic logo, the strict protection of the ordinance. According to the provisions of the Beijing Municipality on the protection of intellectual property rights in the Olympic Games, the mascot name and so on shall belong to the object of intellectual property related to the Olympic games listed in the provisions.

Malicious squatting Fuwa Jingjing and other commercial use of the Olympic logo is

The provisions of article fourth of the Ordinance, the right to use the Olympic logo in accordance with the Ordinance to enjoy exclusive rights to the Olympic logo. Without the permission of the holder of the Olympic logo, no person shall use the Olympic logo for the purpose of business (including the potential commercial purpose, the same below).

According to the regulations, the provisions of article fifth, "Fuwa" grab for the domain name and selling behavior, at least to "may make people think that between the perpetrator and the right owners of the Olympic symbols with sponsorship or other support other behavior" and the use of the Olympic logo, which is referred to in these Regulations for commercial use.

Malicious squatting Fuwa Jingjing and so what the legal responsibility

The regulations stipulated in article tenth, without the permission of the right owners of the Olympic symbols, for commercial purposes without the use of the Olympic logo, which infringe the exclusive right of the Olympic symbols, caused by the dispute, not settled by the parties through consultation; consultation or consultation, the right owners of the Olympic Symbols or interested party may bring a lawsuit to the people's court, or request the administrative department for Industry and commerce. The administrative department for Industry and commerce, considers that the infringement is established, shall be ordered to immediately stop the infringing act, confiscate and destroy the infringing goods and specially used for the manufacture of the infringing goods or for commercial purposes without making the Olympic symbol, the illegal gains, confiscate the illegal income, impose illegal income 5 times the fine; there is no illegal income and may impose a fine of 50 thousand yuan.

Fraud and other activities with the Olympic logo, the violation of the criminal law, in accordance with the provisions of the criminal law on the crime of fraud or other crimes, criminal responsibility shall be investigated according to law.

The regulations stipulated in article thirteenth, infringement of the exclusive right of the Olympic symbols according to the amount of compensation, the patentee due to the infringement of the loss or the infringer benefits obtained due to the infringement, including the reasonable expenses paid for stopping the infringement; infringement losses or gains obtained by the infringer is difficult to determine the reasonable. Determined with reference to the Olympic logo licensing fees. If the sale does not know that it is a violation of the exclusive right of the Olympic logo, it can prove that the goods are lawfully obtained and explained by the supplier and shall not be liable for compensation.

According to the above rules and regulations, "Fuwa" grab for the domain name, web site and SMS Web site and selling behavior, suspected of violating the provisions of "Regulations on the protection of Olympic Symbols", and may bear serious legal liability.

Malicious squatting Fuwa Jingjing and other domain names should be canceled

According to the provisions of the "China Internet domain name management approach" in article thirty-fourth, a registered domain name, in violation of the relevant laws and administrative regulations and these measures, the original Registrar shall be cancelled, and notify the holder of the domain name in written form. The general web site registration method and SMS site registration approach has similar provisions.

In accordance with the provisions of the Beijing Municipality on the protection of intellectual property rights of the Olympic Games, the name of the mascot, and so on, shall belong to the object of intellectual property related to the Olympic Games as prescribed in the provisions. And the Chinese domain name and the general web site registration and management institutions - China Internet Network Information Center (referred to as CNNIC), SMS website registration