Rules on Intellectual Property Protection for the 26th Summer Universiade
Decree of Shenzhen People’s Government
No.163
The Rules on Intellectual Property Protection for the 26th Summer Universiade have been examined and adopted at the 59th regular meeting of the 4th municipal administration of Shenzhen. They are hereby promulgated and shall take effect as from June 1, 2007.
Mayor Xu Zongheng
May 11, 2007
Article 1 The present rules are formulated in accordance with national laws and regulations in order to protect the intellectual property rights of the 26th Summer Universiade at Shenzhen, China (hereinafter referred to as Shenzhen Universiade), safeguard the lawful rights and interests of Shenzhen Universiade intellectual property (SUIP) and ensure and promote the sustained and sound development of universiade.
Article 2 The present rules shall be applicable to the management, protection and other activities related to SUIP, except the protection of special signs which have separate rules.
Article 3 SUIP as mentioned in the present rules refer to the exclusive rights of all the trademarks, special signs, patent rights, commercial secrets, works and other creative products related to Shenzhen Universiade.
Article 4 The trademarks, special signs, patent rights, commercial secrets, works and other creative products related to Shenzhen Universiade as mentioned in the present rules refer to:
1. Names, designs and other components of the emblem, trademark, anthem, holy fire, designation of sport events and badges of the Federation Internationale du Sport Universitair (FISU);
2. Name, emblem and sign of the Association of University Sports of China (AUSC);
3. Badge, mascot, name, logo, anthem and slogan which are developed by the Shenzhen Bidding Committee and Organizing Committee (hereinafter referred as the Organizing Committee) or designed by others upon the authorization of the Organizing Committee for use during the bidding and holding of Shenzhen Universiade;
4. Art performances, film and television promotion materials, and other creations of the Organizing Committee;
5. Patented products related to the signs of Shenzhen Universiade;
6. Design of special objects including the cups and medals of Shenzhen Universiade;
7. Trademarks, special signs, patents, commercial secrets, works and other creative products related to Shenzhen Universiade.
Article 5 Owners of SUIP are the FISU, the AUSC, the Organizing Committee, legally authorized persons and other lawful owners of property rights.
Article 6 SUIP protection shall follow the principle of upholding the dignity of universiade and the principle that patent rights are inviolable and must be protected and used according to law.
No organization or individual shall infringe upon SUIP.
Article 7 The Organizing Committee shall work out a program for the protection of SUIP and adopt the following measures for its protection according to law:
1. Application for trademark registration;
2. Application for special signs registration;
3. Application for patent rights;
4. Timely registration of related works;
5. Adoption of protective measures for commercial secrets;
6. Application for Customs Registration of IP.
Article 8 The use of SUIP should be conducive to the sound development of university student sports.
Use of the IP prescribed in paragraphs 1, 3, 4, 5, 6, and 7 of Article 4 is subject to the approval of the Organizing Committee, the FISU or other authorized organizations. Use of the SUIP prescribed in paragraph 2 of Article 4 is subject to the approval of AUSC.
Article 9 The following acts violating SUIP are prohibited:
1. Use of identical or similar trademarks in a commodity or service or in a similar commodity or service without approval;
2. Fabrication and forging of identical or similar universiade trademarks or sale of these trademarks;
3. Unauthorized application of universiade patent rights;
4. Unauthorized use of patent numbers in products, packaging, advertisements or other publicity materials;
5. Unauthorized use of universiade artistic works or other creative works, except those with specific stipulations in laws or regulations;
6. Facilitation for providing venues, stockpiling, transportation, mail and hideout for the above-mentioned infringements;
7. Other acts infringing upon laws and regulations of the state.
Article 10 Advertising manager, operator and publisher shall not infringe upon SUIP in the designing, making, agent-serving and publishing of their advertisements.
In their operations, advertising agents and publishers should carry out strict examination and certificate inspection.
Article 11 The industrial and commercial administrative departments and IP administrative departments should assist the Organizing Committee in the registration of IP, fulfil their duties in real earnest and ensure law enforcement on IP protection.
Article 12 The industrial and commercial administrative departments shall deal with according to law any act in violation of the patent rights of trademarks, special signs and commercial secrets.
The IP administrative departments shall deal with according to law any act in violation of the patent rights and copyrights of Shenzhen Universiade.
The industrial and commercial administrative departments and IP administrative departments should establish a joint action mechanism and communication channel. Any case related to the other side should be transferred in due time. Neither the transferring party nor the receiving party should shirk responsibility.
Administrative law enforcement departments including public security organs and urban management offices should do a good job of protecting SUIP according to their respective mandates.
Article 13 In dealing with violation of SUIP, the IP administrative departments may exercise the following functions;
1. Interrogate the parties concerned, the stakeholders and the witnesses;
2. Check and reproduce case-related files, contracts, charts, account books and other materials;
3. Carry out on-spot inspection by way of examination, photo-taking, video-recording and surveying;
4. Registration and keeping of evidences about case-related objects according to law;
5. Investigate other circumstances related to the case;
6. Perform other duties as prescribed by laws and regulations.
In dealing with violations of SUIP, the industrial and commercial administrative departments may, in addition to performing their functions as listed in the preceding paragraph and according to law, seal off or withhold proven objects which have violated Shenzhen Universiade trademark rights.
Article 14 The industrial and commercial administrative departments, in dealing with violations of the patent rights of Shenzhen Universiade trademarks and special signs, may adopt the following measures for strict law-enforcement:
1. Order the cessation and rectification of violations within a time limit so as to remove their bad influence;
2. Confiscate and destroy commodities of violation or their trademarks;
3. Impose a fine.
The IP administrative departments may take the above-mentioned measures for strict law enforcement with regard to violations of Shenzhen Universiade patent rights and copyrights.
Article 15 Import and export goods that are suspected to breach SUIP shall be dealt with by the Customs authorities.
Article 16 Any violation of SUIP shall be subject to civil liability according to law. Any suspected case of criminal offence shall be brought to court for criminal liability according to law.
Article 17 The owner and stakeholder of SUIP right, upon discovering any infringement upon their rights, may appeal to the industrial and commercial administrative departments, IP administrative departments or Customs authorities for investigation into the law-breaking act. They may also file a suit directly with the court and request compensation according to law.
Article 18 Any organization and individual person may report the violation of SUIP to the industrial and commercial administrative departments, IP administrative departments or the Customs authorities. If the information is verified, they shall be rewarded according to the provisions in the Measures for Rewarding People Reporting Criminal Activities of Manufacturing and Selling Fake and Shoddy Goods.
Article 19 The present rules shall take effect as from June 1, 2007.