Regulations of the 26th Summer Universiade for the Protection of Intellectual Property is Promulgated

Recently, the "Regulations of the 26th Summer Universiade (Shenzhen, China) for the Protection of Intellectual Property", the "Regulations of the 26th Summer Universiade (Shenzhen, China) for the Protection of Special Marks" (hereinafter referred to as the "Regulations") and the "Regulations of the 26th Summer Universiade (Shenzhen, China) for the Administration of Advertisement" were promulgated at the same time by the Shenzhen City Government, in which, the exclusive right of the related trademarks, special marks, patents, trade secrets, works and other fruits of creative writing were stipulated. The above-mentioned "Regulations" become effective as of June 1, 2007.

In the "Regulations of the 26th Summer Universiade (Shenzhen, China) for the Protection of Intellectual Property", six measures were adopted for the protection of intellectual property rights.  It is stipulated in the "Regulations" that "no organization or individual is allowed to infringe upon the intellectual property right of the 26th Summer Universiade".  The specifics include:

(1) the emblem of the Federation Internationale du Sport Universitaire (FISU), the trademarks of the Universiade of the FISU, the song of the FISU, the flame of the Universiade, the naming of the FISU projects, the names of the emblems of the projects and other titles, graphics and combination;

(2) the titles, emblems and marks of the Federation of University Sports of China (FUSC);

(3) the emblems, mascots, titles, marks, songs and slogans developed by the application committee or the organizing committee itself or entrusted the others for its use during the periods of application and holding of the 26th Summer Universiade;

(4) the artistic performances sponsored by the organizing committee of the 26th Summer Universiade and the photographed film and TV trailers and other fruits of creative writing;

(5) the patent products that involve the marks of 26th Summer Universiade;

(6) the designs for the trophies, awards and other special-use articles of the 26th Summer Universiade;

(7) other trademarks, special marks, patents, trade secrets, works and fruits of creative writing related to the 26th Summer Universiade.  These intellectual property rights must be approved by the organizing committee of the 26th Summer Universiade, the FISU and the FUSC or the other entrusted agencies before use.

It is demanded in the "Regulations" that the relevant working plans be worked out by the organizing committee of the 26th Summer Universiade and that the following six measures be timely adopted to safeguard the intellectual property rights according to law.  They include: One, application for trademark registration; Two, application for special marks registration; Three, application for patents; Four, timely registration of the related works; Five, adoption of confidential measures to protect trade secrets; and Six, application for IP customs record-filing.

The IP infringement act of the 26th Summer Universiade is also listed in the "Regulations".  With regard to the infringement act, the industrial and commercial administrative authorities and the intellectual property administrative departments may adopt the following measures and the case shall be strictly dealt with: (1) ordering that the infringement act be stopped, that the act be corrected within a prescribed period of time and that its negative impacts be eliminated; (2) that the infringed goods or the trademarks or marks of the infringed commodities be confiscated and destroyed; and (3) that a fine be imposed. The infringer shall undertake the corresponding civil responsibilities according to law.  If the case involves a criminal offense, the suspect shall be transferred to the judicial organ and be sanctioned for criminal responsibilities.

Meanwhile, it is stipulated in the "Regulations" that if the IP owner or the related owner of the 26th Summer Universiade found its own rights being infringed, the person concerned may file a complaint to the industrial and commercial administrative authorities, the intellectual property administrative department and the customs office and request that the illegal act be investigated and dealt with.  He/she may file a proceeding to the people's court directly and request that his/her losses be compensated.  To anyone who reports on the infringement act and the case is proved to be true, the informer will be rewarded in accordance with the stipulations.

 

 

 


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2013-07-17