Wang Hao, deputy chief of the trademark section of the Beijing Industry and
Commerce Bureau Haidian Branch, has been involved in the protection of Olympic
intellectual property rights. Staff reporter Leng Yue spoke to him on the issue.
Has there been much infringement of Olympic intellectual property rights in
your jurisdiction recently?
Up to June 12 this year we had altogether investigated and dealt with 18
cases of infringement of the exclusive rights of Olympic symbols, including 11
cases last year and seven in the first half of this year.
Generally speaking, cases where the rights of the Olympic symbols have been
infringed cover only a small part of the total such cases. However, compared
with the same period last year, the number of Olympic infringement cases was
twice as many. The number of infringement cases of the Olympic symbols is
rising.
What¡¯s the current situation?
As the 2008 Olympic Games draws nearer and nearer, especially after the
launch of the mascots of the Games, the number of infringements of the rights of
Olympic symbols is rising and there are various methods of infringement. So it
has become much more difficult to discover such cases.
What are the characteristics of the infringement cases?
Firstly, we have found various ways by which Olympic intellectual property
rights are infringed. There are mainly six illegal acts all specified in the
¡°Regulation on Protection of Olympic Symbols.¡±
For example, someone sold fake Olympic mascots, ¡°The Five Friendlies,¡± on the
Internet and some hotels sold fake Olympic souvenir badges and commemorative
items.
The five Olympic rings, as well as the images of ¡°The Five Friendlies,¡± also
often appear on the covers of some products.
The Olympic symbols have also been used in some advertisements as well.
Secondly, there are various kinds of platforms for infringements.
Shops, stores in hotels and some wholesale markets are main venues; eight of
the total 18 cases occurred there. The Internet and other advertising channels
such as street ads are also major platforms for infringements.
Thirdly, there are some organizations that are violating the regulations.
They include big commercial companies, construction companies, hotels as well as
middle- and small-sized catering, advertising and Internet firms.
What actions have you taken?
For example, on February 2, 2005, we found a sales pitch ¡°Good fruits welcome
the Olympic Games¡± on the packages of oranges sold at the Sidaokou fruit sales
centre. We confiscated 3,000 boxes worth over 100,000 yuan (US$12,552).
On April 26 last year, we raided three hotels selling Olympic souvenirs
without the BOCOG licensing. On March 15 this year, we stopped Baiyuan
Automobile Services Company Beijing Branch from sales promotion using the
mascots. On May 25, we investigated and dealt with the website
http://www.atuangou.com, which was selling the mascots without the permission of
BOCOG.
What kind of measures will you take in the future to strengthen the
protection of the Olympic symbols?
The first step is to enhance education on the ¡°Regulations on the Protection
of Olympic Symbols.¡± On the basis of promoting the concept of Olympic symbols
protection, we will co-operate with the BOCOG Legal Affairs Department, media
and all the member companies of the Trademark Association to organize more
activities to popularize the protection regulations and build a good environment
for Olympic symbols protection.
We will also work closely with the BOCOG Legal Affairs Department, which has
given us great support in recent years.
According to the regulations, we will continue to conduct strict inspections
on the infringement of the Olympic symbols.
We will also enlarge our supervision group for the protection of Olympic
symbols. In order to raise awareness in our jurisdiction, we have employed some
intellectual property protection personnel in some shopping centres. The 23
enforcement staff were trained and have begun work. More will be hired to help
supervise the market.
We heard that a proposal has been raised by your agency and the companies in
your district what¡¯s the content of the proposal?
There are five main guiding principles in the proposal.
First, to follow the ¡°Regulations on the Protection of Olympic Symbols¡± and
the ¡°Beijing Olympic Symbols Protection Regulation¡± and respect the rights of
the holders of the Olympic Symbols.
Second, do not produce, use, sell or spread counterfeit productions with
Olympic symbols or sell the Olympic licensed products without the authorization
of the copyright holders.
Third, do not use the Olympic symbols in advertising, commercial exhibitions,
profit-making performances or other commercial activities or use such symbols in
the names of companies, websites or buildings.
Fourth, report infringements of the Olympic symbols and help the enforcement
agencies investigate and deal with illegal acts.
Finally, spread the concept of protecting Olympic intellectual property and
fulfil our social responsibility, building an atmosphere of protection of the
Olympic symbols by all.