Intellectual Property Rights under the Incident of Ice Pier Infringement
Release time:
2022-03-25 16:08
With the end of the Beijing 2022 Winter Olympic Games, not only many excellent athletes such as "Princess Frog" Gu Ailing, "Little Embolic" Su Yiming and "Flying Man on Ice" Gao Tingyu are well known to all, but also the ice pier, the mascot of this year's Olympic Games, also realizes the speed of light out of the circle, exploding the whole net and becoming the top of the top stream, infringement incidents have been repeatedly prohibited.
Case 1
On February 1, the Market Supervision Bureau of Tongzhou, Nantong, Jiangsu Province received a report that an enterprise illegally produced and sold T-shirts printed with ice pier patterns. After receiving the report, the law enforcement officers immediately conducted an investigation. Finally, in a remote factory building, they seized 50 T-shirt samples printed with ice pier patterns, in addition to three production equipment, with a total value of 2250 yuan. At that time, the company was investigated and the case is now under investigation.

Case 2
On February 8, during the daily supervision of online transactions, law enforcement officers found that a dessert house in Xuzhou District of Yibin City had released a "ice pier" cake exhibition on its WeChat applet, with "BeiJing2022" and other content on it. Law enforcement officers on-site inspection of the store, found that the store responsible for the circle of friends posted "your ice pier to..." and three "ice pier" cake pictures and other content.

Case 3
On February 11, the law enforcement brigade of Xuzhou district of Yibin city inspected a men's clothing store in its jurisdiction and found that the staff of the store used relevant elements of the winter Olympics and the winter Paralympics to publish advertisements in wechat circle of friends.

In addition, in addition to offline merchants selling fake "ice pier" privately, there are many personal tailor-made "ice pier" peripheral products selling well on the Internet recently. So there must be a small partner on the doubt, this is a violation of what rights? And in our side there is a low-cost sale of ice pier, this is not also a violation of it? Law enforcement officials said that if the "ice pier" pirated surrounding put online sales, it will violate the "the People's Republic of China e-commerce law", the same will be severely cracked down.
On February 14, the 2022 Beijing News Center held a special press conference, focusing on the overall situation of comprehensively strengthening the protection of intellectual property rights in the Winter Olympics. At the meeting, Tang Zhaozhi, deputy director of the Copyright Administration Bureau of the Central Propaganda Department and a first-level inspector, introduced that recently, Beijing Quick Investigation, Quick Prosecution, and Quick Sentenced a case of manufacturing and selling pirated Winter Olympics mascots Bingdundun and Xuerongrong dolls. A certain person was sentenced to one year in prison and fined 40000 yuan, becoming the country's first criminal case of infringing on the copyright of the image of the Beijing Winter Olympics mascots.
So how to use the mascot image of "ice pier" and "snow rong melt" is legal, and how to punish if there is infringement? Tang Zhaozhi said that in addition to the "reasonable use situation" specially stipulated by the law, other unauthorized use behaviors in the sense of copyright, such as businesses producing toys and dolls without the permission of the right holder, or using them for peripheral derivatives such as clothing, may constitute infringement. Those who harm the public interest will be subject to administrative punishment; if a crime is constituted, criminal responsibility will be investigated.
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