Rules on Special Signs Protection for the 26th Summer Universiade
Decree of Shenzhen People’s Government
No.164
The Rules on Special Signs 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 Regulations on the Management of Special Signs promulgated by the State Council in order to protect the special signs of the 26th Summer Universiade at Shenzhen, China (hereinafter referred to as Shenzhen Universiade) and safeguard the lawful rights and interests of the right-holders of special signs of Shenzhen Universiade.
Article 2 The special signs as mentioned in the present rules refer to:
1. The emblem, trademark, anthem, holy fire, designation of sport events and badges of the Federation Internationale du Sport Universitair (FISU);
2. Special names for the 26th Summer Universiade at Shenzhen and its abbreviation;
3. Name, emblem and logo of the Association of University Sports of China (AUSC);
4. Special signs including the name and emblem of the Shenzhen Organizing Committee of the 26th Summer Universiade (hereinafter referred as the Organizing Committee), mascot, anthem and slogan of Shenzhen Universiade, as well as the title “26th Summer Universiade at Shenzhen” and its abbreviation;
5. Title, emblem and mark of the Bidding Committee for the 26th Summer Universiade at Shenzhen;
Article 3 The right-holders of special signs of the 26th Summer Universiade as mentioned in the present rules refer to the FISU, the AUSC, the Organizing Committee, legally authorized persons and other lawful right-holders.
The division of rights between the FISU, the AUSC and the Organiziang Committee shall be determined according to the FISU statutes and the Host Contract on the 26th Summer Universiade;
Article 4 The right-holders of special signs of Shenzhen Universiade shall enjoy the patent rights of special signs in accordance with the present rules.
Without the approval of the right-holder, no organization or individual person shall use the special signs for commercial purposes (including potential commercial purposes, same below)
Article 5 Commercial purposes as mentioned in the present rules refer to the use of the special signs for profit-making in the following ways:
1. Use of any special sign on commodities and their packaging, or on receptacles and business papers;
2. Use of any special sign in service items;
3. Use of any special sign in advertisement, commercial exhibition, profit-making performance or other commercial activities;
4. Sale, import or export of commodities bearing any special sign;
5. Manufacture or sale of any special sign;
6. Other acts of using any special sign that might suspect a relationship of financing between the user and the right-holder.
Article 6 The Organizing Committee should, pursuant to the Regulations on the Management of Special Signs, apply for timely registration of the special signs with the industrial and commercial administrative departments and, pursuant to the Regulations on Intellectual Property Customs Protection, apply for timely registration of related IP with the General Administration of Customs.
Pursuant to the present rules, the industrial and commercial administrative departments shall be responsible for the protection of the special signs of Shenzhen Universiade and shall assist the Organizing Committee in the registration work for the special signs.
Article 7 In using any special sign for commercial purposes, the authorized user should, in accordance with the Regulations on the Management of Special Signs, submit a copy of the contract permission to the State Administration of Industry and Commerce for record and another copy to the Shenzhen Industrial and Commercial Department for check-up within a month of the signing of the contract.
The authorized person should, upon permission by contract as mentioned in the preceding paragraph, use the special signs within the prescribed scope and duration.
Article 8 Those who started the lawful use of any special sign before the present rules take effect may continue to use the special sign within the prescribed scope.
Article 9 Any infringement on the patent right of the special signs is subject to compensation according to law. The amount of compensation shall be determined according to the amount of loss of the right-holder, or the amount of profit gained by the violator, including rational expenses in ending the infringement. When the above-mentioned amounts cannot be determined, it shall be rationally fixed according to the Charges on Use Permit for Special Signs of Shenzhen Universiade.
Article 10 The industrial and commercial administrative departments shall have the power to deal with any infringement on the special signs by exercising the following functions:
1. Interrogate the parties concerned and investigate the circumstances related to the infringement of special signs;
2. Check and reproduce case-related contracts, invoices, account books and other materials;
3. Carry out on-the-spot check-up of the venues for infringement activities;
4. Check objects related to the infringement activities and seal off or withhold according to law proven objects of violation of the patents rights of Shenzhen Universiade special signs.
When the industrial and commercial departments perform their functions according to the provisions of the preceding paragraph, the party concerned should assist and coordinate with their work and must not refuse or obstruct their work.
Article 11 In the following cases, the industrial and commercial departments shall instruct the violator to immediately stop his/her infringement, confiscate the infringement-related commodities and illegal earnings according to law, and impose a fine up to five times the illegal earnings, or a fine below RMB 10,000 yuan if the illegal earnings are less than RMB 2,000 yuan:
1. Unauthorized use of the signs of characters, pictures or other component parts identical with or similar to the special signs;
2. Manufacture and sale of special signs for commercial purposes without the approval of the owners of special signs;
3. Unauthorized permission granted by authorized persons to other people without the approval of the owners of special signs.
Article 12 The party concerned may request an administrative review or file a suit with the court according to law if he/she refuses to accept the administrative penalty imposed by the industrial and commercial departments.
Article 13 In case of threat or use of force to obstruct the lawful performance of duties of the industrial and commercial departments, the public security organs shall impose a penalty according to the Law of Punishment of the People’s Republic of China on Security Management, and transfer suspected criminal cases to judicial organs to ascertain criminal responsibility.
Article 14 Any staff member of the industrial and commercial departments, in case of dereliction of duty or shielding the violation of the lawful rights and interests of the owner of any special sign, shall be given an administrative punishment by his department, or be handed over to judicial organs for criminal liability if the case is serious.
Article 15 Import or export goods suspected of infringement upon the patent rights of the special signs shall be dealt with by Customs authorities.
Article 16 Special signs of Shenzhen Universiade are entitled to the protection of the Copyright Law of the People’s Republic of China, Trademark Law of the People’s Republic of China and Patent Law of the People’s Republic of China in addition to the present rules.
Article 17 The present rules shall take effect as from June 1, 2007.