The 2022 Beijing Winter Olympics and Paralympics closed on February 20 and March 13 respectively. China launched an inclusive Olympics and Paralympics intellectual property protection campaign, highlighting the crackdown on any unauthorized use of the Olympics logo or athlete names, in October 2021, and scheduled it to last until June, according to the China National Intellectual Property Administration. The following are 10 exemplary administrative cases as of 2021 to provide insights into how to protect Olympics and Paralympics IP.

Case 1:

Case docket no.: 京市监处罚〔2022〕9号

Legal basis: Paragraph 2, Article 4, Regulations on the Protection of Olympic Symbols

The Beijing Municipal Administration for Market Regulation on January 17 issued an administrative fine order to Beijing Erguotou Wine Industry Stock Co., Ltd. (北京二锅头酒业股份有限公司) for its unauthorized use of the 2022 Winter Olympics logo. The sales of the infringing Erguotou products, peddled as commemorative edition wines of the Olympics, were found to be 61,597.9 yuan ($97,000). A fine equal to the value of the seized products was imposed on the winemaker for violating Paragraph 2 of Article 4 of the Regulations on the Protection of Olympic Symbols.

Case 2:

Authority: Miyun District Administration for Market Regulation of Beijing city

Legal basis: Regulations on the Protection of Olympic Symbols

The Miyun District Administration for Market Regulation in August 2021 issued an administrative fine order to Beijing Tanghe Culture Development Co., Ltd. (北京汤河文化发展有限公司) for its unauthorized use of the 2022 Winter Olympics logo in a post on the official Wechat account it operated for its parent company Beijing Gubei Shuizhen Tourism Co., Ltd. (北京古北水镇旅游有限公司). Tanghe was fined 66,000 yuan ($10,000) for violating the Regulations on the Protection of Olympic Symbols.

Case 3:

Case docket no.: 京市监处罚〔2022〕38号

Legal basis: Subparagprah 1, Paragraph 68, Article 1, Trademark Law of the PRC

The Beijing Municipal Administration for Market Regulation in February issued an administrative fine order to Beijing Shoujie International Intellectual Property Agency Co., Ltd. (北京首捷国际知识产权代理有限公司) for its filings for the registrations of the trademarks infringing the names of Chinese Olympic athlete Eileen Gu, Olympics mascot Bing Dwen Dwen, and Paralympics mascot Shuey Rhon Rhon on September 26, 2021. The agency was fined 80,000 yuan ($13,000) for violating China’s trademark law.

Case 4:

Authority: Xicheng District Administration for Market Regulation of Beijing city

Legal basis: Regulations on the Protection of Olympic Symbols

The Xicheng Administration for Market Regulation of Beijing city on July 29, 2021 found China Construction Bank Corporation (CCB) (中国建设银行股份有限公司) used the Olympics logo in a post on its official Weibo account, where daily updates of the medal table of the pandemic-delayed 2020 Tokyo Summer Olympics were promoted. The market regulator in August 2021 issued an order to CCB to cease the unauthorized use of the Olympic symbol. CCB complied with the order in a timely manner and was exempt from an administrative penalty.

Case 5:

Authority: Beijing Municipal Administration for Market Regulation of Beijing city

Legal basis: Regulations on the Protection of Olympic Symbols

The Beijing Municipal Administration for Market Regulation in October 2021 issued an administrative fine order to Zhongchuang Silk Road Wine Co., Ltd. (中创丝路酒业有限公司) for its unauthorized use of the 2022 Winter Olympics logo. Zhongchuang was found to advertize its wine products as endorsed by the host city of snow events of the 2022 Winter Olympics and used the Olympic symbol on its official WeChat account without authorization. The market regulator confiscated the infringing products and imposed a 45,000 yuan ($7,100) fine on Zhongchuang for its violation of the Regulations on the Protection of Olympic Symbols. The manufacturer of the infringing wine products commissioned by Zhongchuang was reported for investigation to be conducted by the market regulator in its jurisdiction.

Case 6:

Authority: Fengtai District Administration for Market Regulation of Beijing city

Legal basis: Regulations on the Protection of Olympic Symbols

The Fengtai District Administration for Market Regulation of Beijing city on January instituted an investigation into the unauthorized use of the 2022 Winter Olympics logo in a New Year promotional campaign Beijing Dazhong Household Electric Appliance Chain Sales Co., Ltd. (北京市大中家用电器连锁销售有限公司) launched in December 2021. The market regulator found the Olympics logo was used on hanging door banners, in-store posters, roll-up display stands by five chain stores of the company without authorization. The infringement has been ceased and the investigation is still underway.

Case 7:

Case docket no.: 京朝市监处罚〔2021〕7046号

Legal basis: Paragraph 1, Article 12, Regulations on the Protection of Olympic Symbols

The Chaoyang District Administration for Market Regulation of Beijing city on December 15, 2021 issued an administrative fine order to Beijing Carter Cat Network Technology Co., Ltd. (北京卡特猫网络科技有限公司) for its unauthorized use of the 2022 Winter Olympics logo. The market regulator found that Carter Cat on August 6, 2021 published 17 articles about the football and basketball tournaments of the pandemic-delayed 2020 Tokyo Summer Olympics on its official Weibo account as paid services, which generated 1,440 yuan ($227) in sales. Carter Cat was fined 30,000 yuan ($4,700) for violating the Regulations on the Protection of Olympic Symbols.

Case 8:

Authority: Fengtai District Administration for Market Regulation of Beijing city

Legal basis: Regulations on the Protection of Olympic Symbols

The Fengtai District Administration for Market Regulation of Beijing city in January found that the 2022 Winter Olympics logo and the images of the Olympics and Paralympics mascots Dwen Dwen and Shuey Rhon Rohn were used on the signs, advertisements, and information boards in a ski field operated by Feimeng Changxing (Beijing) Culture Communication Co., Ltd. (飞梦长兴（北京）文化传播有限公司) without authorization. The infringement has been ceased and the investigation is still underway.

Case 9:

Case docket no.: 京市监处罚〔2022〕33号

Legal basis: Paragraph 1, Article 12, Regulations on the Protection of Olympic Symbols

The Beijing Municipal Administration for Market Regulation on February 23 issued an administrative fine order to Beijing Jinyao Shengshi Trading Co., Ltd. (北京金耀盛世商贸有限公司) for reselling the 2022 Winter Olympics merchandise purchased in its online store on the YouShop application without authorization. The total sales of the 9 pieces of Olympics merchandise bearing the image of mascot Bing Dwen Dwen were 1,952 yuan ($307). The company was fined 10,000 yuan ($1,600) for violating the Regulations on the Protection of Olympic Symbols.

Case 10:

Case docket no.: 京密市监处罚〔2022〕71号

Legal basis: Paragraph 1, Article 12, Regulations on the Protection of Olympic Symbols

The Miyun District Administration for Market Regulation of Beijing city in February issued an administrative fine order to Beijing Jinhai Liyuan Trading Co., Ltd. (北京金海利源贸易有限公司) for the unauthorized use of the images of Olympics and Paralympics mascots. The market regulator found that the legal representative of Jinhai Liyuan posted an advertisement for the reservation of gift sets of wines whose bottles came in the shape of mascots Bing Dwen Dwen and Shuey Rhon Rhon on his WeChat account. Jinhai Liyuan was fined 2,000 yuan ($315) for violating the Regulations on the Protection of Olympic Symbols. 

Abstract:

The 2022 Beijing Winter Olympics and Paralympics closed on February 20 and March 13 respectively. China launched an inclusive Olympics and Paralympics intellectual property protection campaign, highlighting the crackdown on any unauthorized use of the Olympics logo or athlete names, in October 2021, and scheduled it to last until June, according to the China National Intellectual Property Administration. The following are 10 exemplary administrative cases as of 2021 to provide insights into how to protect Olympics and Paralympics IP.