The heat of the Winter Olympics, not want to rub can rub about intellectual property protection, legal experts draw a key for us

2022-08-07 0 By

The Beijing Winter Olympic Games is in full swing, “Bing Dwen Dwen” and other Olympic mascots have become “top flow”.Some people use their brains to rub off on the heat.However, the heat of the Winter Olympics is not to rub off, improper behavior, is likely to face infringement and other legal risks.On October 10, our reporter interviewed several legal experts to highlight the ipr protection of the Winter Olympics.The exciting and intense Events of the Winter Olympic Games have attracted many viewers, and some short video bloggers choose to edit the clips of the events to create a second time.Reporters browse a number of short video platforms found that this kind of short video number is not small, and the heat continues to go high.Take “Jin Boyang beats Jin Boyang” as an example. A blogger edited and uploaded a short music video, which received more than 100,000 likes and 13,000 comments.Another blogger posted: “Which of the heart-warming scenes of the Winter Olympics touched you the most?”The short video also received nearly 10,000 likes and more than 700 comments.”Winter Olympic Games programmes are protected by copyright law, and permission should be obtained from relevant rights holders for the dissemination of such programmes.”Hangzhou intellectual property professional committee under the all China lawyers association, deputy director of the jian-zhong zhou explained, large-scale sports event, such as the Olympic Games at Settings, switch, choice of images, editing reflected in such aspects as the maker of the conception, selection and arrangement, reflect the personality of creators belong to the intellectual creations, comply with the regulations of the copyright law of the original requirements, belongs to the audiovisual works.Therefore, any unauthorized live broadcast or delayed replay of the Winter Olympic Games program constitutes copyright infringement.Those tens of seconds or even a few seconds of the Winter Olympic Games program short video constitutes infringement?Zhou jianzhong said that broadcasting clips of sports events in short video form or using clips of sports events in self-produced short video without obtaining permission from the right owner may constitute copyright infringement.He advised the audience to choose the official platform when watching the event, and at the same time, be careful not to record and spread the video of the event at will, so as to avoid the situation of unconscious infringement.Not long ago, a restaurant in a certain place released commercial advertisements containing “watching the Winter Olympics together” and “helping the Winter Olympics” and other topics through weibo, which was ordered by the local administrative law enforcement departments to stop illegal acts and fined 30,000 yuan;A Beijing auto trading company has been ordered to correct and fined 50,000 yuan for Posting 10 microblog posts with “# Watching Olympic Games #” and posters on its real-name verified microblog account.”Nothing related to the Winter Olympics can be released freely in corporate publicity.”Chen Xiaolu, deputy director of the culture and sports industry committee of zhejiang Lawyers Association, said that in principle, no unit or individual is allowed to use the Olympic logo in commercial advertisements, commercial marketing, commercial exhibitions and other commercial activities.According to the regulation, such as the Olympic symbol protection ordinance, without the consent of the holder of the Olympic symbols for commercial purposes without authorization to use the Olympic symbols, or to use enough to catch mistakes approximation, belong to the exclusive rights of the Olympic logo infringement behavior, market supervision and regulation department shall have the right to order infringement behavior person to stop the infringing act immediately and confiscate and destroy the infringing goods,And impose a certain fine according to the amount of illegal business of the tortfeasor.In addition, enterprises using elements related to the Olympic movement to carry out activities, enough to make people think that there is a sponsorship or other support relationship with the right owner of the Olympic logo, constitute acts of unfair competition, can be dealt with in accordance with the Anti-unfair competition Law.”To ‘help the Winter Olympics’,’ refuelling for the Winter Olympics’ and other slogans, is easy to mislead consumers’ understanding of the source of goods, may also be suspected of false publicity, trademark infringement.”‘Consumers should keep their eyes peeled when shopping,’ Ms. Chen said.Businesses should also be careful not to get ticketed or even sued for the heat.”Ice dun dun” difficult to find a self-made infringement?Wool “Bing Dwen dwen”, soft pottery “Bing Dwen dwen”, hand-painted “Bing Dwen dwen”…Recently, many netizens have rich imagination, all kinds of “ice dun dun”.For example, Ms. Ma, a hangzhou citizen, uses one day to hook up a wool thread for her son, “Ice dun dun”, hoping to leave a unique memory for the child.So, is this a tort?Zhejiang Gaobang law firm lawyer Yu Xubin said it depends on the specific situation.First of all, “Bing Dwen Dwen” “Xue Rong Rong” has registered its trademark, copyright and applied for a design patent.Therefore, in addition to the Protection of the Olympic Symbols, they can also be protected in accordance with the copyright law, trademark law, patent law, special symbols management regulations and other provisions.If the design is only used for personal enjoyment, such as knitting scarves, gloves and other personal articles for personal use, it will not damage the legitimate rights and interests of copyright owners and does not constitute infringement.However, if the production of “Bing Dwen Dwen” is used on a commercial level, without authorization, it constitutes infringement.It is understood that boCOG has developed 16 categories of more than 4500 licensed products, including precious metal products, badges, plush and other toys.Some illegal businesses manufacture and sell related goods without authorization, which infringes on copyright and trademark rights, and may even constitute the crime of illegal business operation in serious cases.Yu also warned that “Bing Dwen Dun” and “Xue Rong Rong” are made into emoticons to spread online, even if they do not charge, but also belong to infringement.