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Regulations on the protection of expo emblems
(expo2010china.com)
Updated: 2007-04-11 15:51 All the English versions of the Chinese laws provided are for your information only. Should there be any discrepency between the Chinese and the English version, the Chinese version shall prevail.
Article 1 These Regulations are herewith formulated for the purposes of strengthening the protection of the World Exposition emblems, and safeguarding the legitimate rights and interests of the right-holders of the World Exposition emblems.
For the purposes of these Regulations, "the World Exposition emblems" refer to: (1) The name (including the full name, short name, translated name and abbreviations, hereinafter the same), emblem, or other emblems of the bidding organization of the World Exposition Shanghai China 2010;
For the purpose of these Regulations,"right-holders of the World Exposition emblems" refer to the organizer of the World Exposition Shanghai China 2010 and the International Bureau of Exhibition.
The right-holders of the World Exposition emblems own the exclusive rights of the World Exposition emblems according to these Regulations.
For the purposes of these Regulations, "use for commercial purposes" means the use of the World Exposition emblems for profit-making purposes in the following ways:
The administrative department for industry and commerce under the State Council shall, in accordance with the provisions of these Regulations, be responsible for the protection of the World Exposition emblems throughout the country.
The right-holders of the World Exposition emblems shall report their World Exposition emblems for the record to the administrative department for industry and commerce under the State Council, which shall make a public announcement therefor. Article 8 The World Exposition emblems that have been lawfully used before the effective date of these Regulations may be continually used within the original limits. Article 9 Where a dispute arises from the arbitrary use of the World Exposition emblems for commercial purposes without the authorization of the right-holders of the World Exposition emblems, that is, from the infringement upon the exclusive rights of the World Exposition emblems, the matter may be settled through the consultation by the parties concerned; if the parties concerned are unwilling to consult or the consultation fails, the right-holders of the World Exposition emblems or the interested parties may institute legal proceedings in the people's court according to law or request the administrative department for industry and commerce to handle the case.
When an administrative department for industry and commerce, on the basis of the evidence or information, obtained for a suspected violation of law, conducts investigation into a suspected infringement upon the exclusive rights of the World Exposition emblems, it may exercise the following functions and powers:
Article 11 Where the administrative department for industry and commerce determines that the fact of infringement is established, it shall order the infringer to cease the infringement, and it shall confiscate and destroy the goods involved and the special tools for manufacturing the infringing goods or for manufacturing the World Exposition emblems for commercial purposes without authorization; if there has been illegal proceeds, the administrative department for industry and commerce shall confiscate the illegal proceeds and may concurrently impose a fine of no more than five times of the illegal proceeds; if there is no illegal proceeds, a fine of no more than RMB 50,000 may be imposed concurrently.
The goods that infringe upon the exclusive rights of the World Exposition emblems shall be banned from being imported or exported. The provisions of the Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights shall apply to the procedure of the Customs protection of the exclusive rights of the World Exposition emblems.
The amount of compensation for the loss caused by the infringement of the exclusive rights of the World Exposition emblems shall be determined on the basis of the loss that the right holder has suffered from the infringement or the profit that the infringer has obtained through the infringement, including the reasonable expenses paid for investigating the infringement; where the loss suffered from the infringement or the profit obtained by the infringer are difficult to determine, the compensation shall be reasonably determined with reference to the licensing fees for using the World Exposition emblems.
Any entity or individual may report to the administrative department for industry and commerce or other administrative departments concerned against any act of the using of the World Exposition emblems in violation of the provisions of these Regulations. Article 15 In addition to these Regulations, the World Exposition emblems are also protected by the provisions of other laws and administrative regulations such as the Copyright Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Anti-unfair Competition Law of the People's Republic of China and the Regulations on Administration of Special Emblems. Article 16 These Regulations shall enter into force as of December 1st , 2004. |