The first case in China!About Bing Dwen Dwen, one year in prison
On February 14, the 2022 Beijing Press Center held a special press conference to introduce the overall situation of strengthening ipr protection for the Winter Olympics.During the meeting, deputy director of the copyright administration department of the CPC, level 1 inspector Shang Zhaozhi, recently, Beijing fast detection, fast v., fast producing pirated games mascots together ice mound mound, snow melts doll case, criminal suspects a was sentenced to prison for a year, $40000 fine, become the country’s first Beijing games mascot image copyright criminal infringement cases.How to use the mascot image of “Bing Dwen Dwen” and “Xue Rong Rong” is legal, if there is infringement behavior, how to punish?Tang zhaozhi said that in addition to the “fair use situation” specified by the law, other unauthorized uses within the meaning of copyright, such as the production of toys and dolls without the permission of the owner, or the use of them in clothing and other derivative products, may constitute infringement.Those who harm the public interest shall be subject to administrative punishment;If a crime is constituted, criminal responsibility will be investigated.The mascot of the Beijing Winter Olympics, bing Dwen Dwen, has attracted a lot of attention recently.Under what circumstances can bing Dwen Dwen be used in accordance with the law, and what procedures and rules should be followed?The Beijing Winter Olympics organizing Committee helped us conclude.First of all, the mascot “Bing Dwen Dwen” is the important property of boCOG. Bocog enjoys the copyright, the exclusive right of registered trademark and the patent right of appearance design for the image of “Bing Dwen Dwen”, and the exclusive right of registered trademark for the Chinese and English name of “Bing Dwen Dwen”.Therefore, any use of the image or name of “Bing Dwen Dwen” shall comply with the copyright Law of the People’s Republic of China, Trademark Law of the People’s Republic of China, Patent Law of the People’s Republic of China (hereinafter referred to as the Copyright Law, Trademark Law, patent Law) and other relevant laws and regulations.”Ice mound mound” image, for example, as a fine art, Beijing games organizers of copyright are protected by law, without the consent of the Beijing games organizers, any other unit or individual may use the work, the more the images of “ice mound mound” must not be distorted, tampered with, such as improper use, reasonable use except in accordance with the law.Similarly, the exclusive right of registered trademark and design patent of the image and name of “Bing Dwen Dwen” enjoyed by the Beijing Winter Olympics Organizing Committee are also protected by law.For illegal use, boCOG has the right to hold the infringer accountable.Secondly, in addition to the traditional intellectual property rights of the image and name of “Bing Dwen Dwen”, the Beijing Winter Olympic Organizing Committee also enjoys the exclusive rights of the Olympic logo.Special measures to protect some important Olympic elements are unique to China, which originates from the Regulations on the Protection of Olympic Symbols and reflects China’s respect for Olympic rules.So far, the State Intellectual Property Office has announced a total of 63 Olympic symbols.There are not only the lovely mascot “Bing Dwen Dwen”, but also the Olympic rings and the Beijing Winter Olympics emblem.The use of the Olympic logo can be divided into commercial and non-commercial situations.One is commercial use.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.The image and name of bing Dwen Dwen, the mascot of the Beijing Winter Olympic Games, 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 Bing Dwen Dwen for commercial purposes.Currently, the “Bing Dwen Dwen” image and name can be used commercially in accordance with the law by ioc worldwide partners and the official partners and sponsors of the Beijing Winter Olympic Games.In addition, licensed manufacturers and retailers of the Beijing Winter Olympic Games may produce and sell licensed products with the image and name of bing Dwen Dwen in accordance with the Beijing Winter Olympic Games Franchise Plan.Non-commercial use.Government offices, grassroots self-governing organizations, public institutions and other non-profit legal persons or organizations can apply for non-commercial use of the Beijing Winter Olympic Mascot “Bing Dwen Dwen”.Applicants apply for non-commercial use “ice mound mound”, should abide by “the Beijing 2022 Olympics and winter paralympic games organizing committee about mark non-commercial use rules (19)  of the games organizing committee, the Beijing games organizing committee official website, search” non-commercial use of the mark “link to relevant pages, fill in material, according to the requirement of application.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, shall not assist any third party to attract mistaken for it with Beijing, Beijing Olympic Games organizing committee, etc. There is a specific relationship of promiscuous behavior.According to the “Host City Contract” signed by the IOC and boCOG, boCOG will transfer all intellectual property rights related to “Bing Dwen Dwen”, including the exclusive rights to the Olympic logo, to the IOC before December 31, 2022.