IP problem in the 2022 Beijing Winter Olympics, Paralympics
Although the Covid-19 pandemic still rages on across the world, China included, and the fact that the tension between Russian-Ukraine, China’s neighbor, is still high, the 2022 Beijing Winter Olympics and Paralympics are ready to go.
As the Beijing 2022 Winter Olympics and Paralympics are coming closer day by day, methods have been made to ensure that all Intellectual property assets will be protected, especially IP such as design patents and trademarks associated with the Olympic Games.
If this plan proceeds as scheduled, the infringement action against patent and trademark will have a significant boost, leading to a massive reduction in infringement cases.
In addition, the Winter Olympics also have a task called “site clearance” which refers to the cleaning of Olympic sites from commercial, religious, political, and other such advertisements or presentations.
Technology-aided mechanisms are available to ensure strong IP protection in connection with the Winter Olympics set from February 4 to 20 and the Paralympic Games scheduled from March 4 to 13.
Back in 2018, China had amended the Regulation on the Protection of Olympic Symbols（奥林匹克标志保护条例), 3 years after Beijing was officially selected by the International Olympic Committee as the host city for the 2022 Winter Olympics. With these changes, the 2022 Winter Games-related symbols are added into the Regulation while the protection of Olympic symbols is enhanced as well.
As many methods have been established over time, this year, the act of infringement such as ambush marketing as in many previous Olympic will see a significant downward.
Ambush marketing is when without a competent agency’s consent, some shady organizations associate a brand or trademark with the Olympic Games even when the brand is not an official sponsor of the multi-sport event. This will increase that organization’s image but it is, overall, a violation action against the law.
Expert opinions
Guo Cai, partner at Jin Mao Law Firm in Shanghai stated about Covid-19 impact on the Winter Olympic: “The presence of Covid-19 restraints and imposition of ‘bubble’ means that the Organizing Committee staff involved must sacrifice much more to carry out site clearance. However, the task itself is not impacted just because of Covid-19 restrictions.”
Cai adds: “For example, according to the Copyright Protection Program devised by China Media Group which will be implemented in close collaboration with sublicensees, unauthorized streaming of the Games will mainly be monitored by engagement of technology, including 7/24 monitoring with full coverage of media platforms including around 2,000 television stations, 2,000 websites, 500 APP, 100 OTT platforms and 60 plus IPTV. State-of-the-art technologies such as blockchain and timestamp will be actively put in use to identify and real-time forensic unauthorized live streaming or clips of protected Olympic property, which will subsequently facilitate administrative or legal enforcement.”
Stating about the IP protection methods imposed on Olympic symbols, Cai said: “In addition, the process to acknowledge and license Olympic symbols is further clarified and the validity of an Olympic symbol is confirmed as ten years subject to extension. Further, ambush marketing is explicitly prohibited under the Regulation punishable under the Anti-Unfair Competition Law.”
***Other Articles***
– You could see How To Register Trademark in China here.
– You could visit here to see Procedure of Trademark in China.
– You could visit here to check Required documents of filing trademark in China.
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