Olympic IP protection shows China's will to protect Olympic spirit

Zhang Nan

Editor's note: Zhang Nan is an associate professor at the Academy for the Rule of Law, China University of Political Science and Law. The article reflects the author's views and not necessarily those of CGTN.

With the Winter Olympic Games now halfway through, I watched the press conference on Comprehensively Strengthening Intellectual Property Protection of Winter Olympics online on the February 14. With my observation as an IP professor, I was really impressed by the well-rounded IP protection on this very important international sport movement.

First of all, the legislative system on protecting IP of the Winter Olympic Games has been comprehensive. Chinese Patent Law, Chinese Copyright Law, Chinese Trademark Law, Chinese Anti-monopoly Law and Chinese Advertising Law are the major five laws covering different legal protections related to the Games. China also revised the Regulations on the Protection of Olympic Symbols in 2018.

Article 2 of this regulation clarifies the objects of the protection into six categories which include the Olympic Five Rings logo, Olympic flag, Olympic motto, Olympic emblem and Olympic Anthem of the International Olympic Committee or the name of the Olympic Games held in China and its abbreviation, mascot, anthem, torch shape, slogan, "host city name + year of holding" and other symbols, as well as the name and emblem of its organization. Article 4 of this regulation designates that the right holders of Olympic Symbols shall enjoy exclusive rights to Olympic symbols. Article 12 designates the penalties of the infringement.

For instance, if the market supervision and administration department determines that infringement has taken place then it shall order the infringers to cease the infringement immediately, confiscate and destroy the infringing goods and equipment mainly used to manufacture infringing goods or make Olympic symbols without authorization for commercial purposes. If the illegal business amount is more than 50,000 yuan ($7,862), a fine of less than five times the illegal business amount may also be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan ($39,313) may also be imposed.

Secondly, the protection methodology has two distinctive features: pre-Games early warning and quick IPR enforcement. For the first feature, recent enforcement activities of National Copyright Administration of PRC are a good example. On January 29, the National Copyright Administration released the "Early Warning List of Copyright Protection of the First Batch of Key Works in 2022," which included the programs related to the Winter Olympic Games and the Winter Paralympic Games into the copyright early warning protection, and required relevant network service providers to take key protection measures for the programs. On January 30, the anti-piracy working group of the Winter Olympic Games requested all network platforms to strengthen early warning protection, improve duty of care, improve complaint channels, strengthen joint control mechanism, better user management, cooperate with the investigation and handling of cases.

For the second feature, China National Intellectual Administration (CNIPA) did a quick crack-down on the malicious registration of mascots of Beijing 2022 Winter Olympic Games, Winter Paralympic Games and famous winter sport athlete names. A total of 429 malicious trademark applications such as Chinese Characters "Bing Dwen Dwen" in Chinese and Gu Ailing (Eileen Gu's full name in Chinese) have been rejected and 43 registered trademarks have been declared invalid. All the rejections and invalidation have been published on the official website of CNIPA which demonstrates China's determination and quick action on protection of the legitimate IP rights of the Winter Olympic Games and the name rights of the athletes. Another example is a suspect who sold the pirated mascots, who has been investigated, prosecuted and sentenced to penalties such as one-year imprisonment and 40,000 yuan ($6,290) fine in a fast track criminal case.

Last, central and local governments, IP protection associations, social media and schools have initiated a national campaign on increasing the IP awareness on protecting Olympic Games in China. I observed many local governmental agencies have issued the Olympic Symbols IP Protection Reminding and Warning Letters before or during the Games in places such as Dushan County, Guizhou Province and Tianshui City, Gansu Province. Big news agencies such as Legal Daily or China Intellectual Property News have each published several profound opinion articles on protecting the beloved mascot Bing Dwen Dwen and the athlete names that can be regarded as good attempts in educating the general public realizing distinction between legal and illegal actions. For instance, unauthorized cake or cookie-making of the Bing Dwen Dwen image or the Five Ring logo have been under investigation in the city of Chongqing and this story was published by Legal Daily on February 13.

Eventually, let's go back to the first fundamental principle of Olympism written at the beginning of the Olympic Charter. Olympism is a philosophy of life, exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, Olympism seeks to create a way of life based on the joy of effort, the educational value of good example, social responsibility and respect for universal fundamental ethical principles. China's Determination and Enforcement on IP Protection on Olympic Symbols echoes with this principle in the aim of together for a better future. This valuable experience also could be learned and practiced in the next summer or winter Olympic Games or other international sport events. Let's cuddle Bing Dwen Dwen and Shuey Rhon Rhon and enjoy a wonderful Games!