“Ice Dwen Dwen” fire, these legal issues to know!

2022-04-27 0 By

If asked these days who is the top flow of Beijing Winter Olympics?The mascot “Ice Dwen Dwen” must have a name!”Ice mound mound” since appearance is rapidly becoming a focus of every day, you can find it out list of Beijing Olympics official flagship store “ice mound mound” creative dolls have been sold out many netizens urged quick get the goods and netizens urged to achieve “one household one block” as a result of the “ice mound mound” official around “a pier is hard to find” a lot of talented friends and big open imagination have hand-painted”Bing Dun Dun “hua mo” Bing Dun Dun “silly putty” Bing Dun Dun “snowman” Bing Dun Dun “” Bing Dun Dun” Tang yuan paper-cut “bing Dun dun” DIY wool “Bing Dun Dun” then the question comes: 01 these folk homemade “Bing Dun dun” “snow Rong Rong” in the end will infringement?The cartoon images of “Bing Dwen Dwen” and “Xue Rong Rong” clearly constitute works of art and are protected by copyright law.The copyright owner (Beijing Organizing Committee for the Winter Olympic Games) reserves the right to prohibit other people from using the work without his permission, including the development, dissemination and sale of derivative products representing the work.In addition, the copyright of “Bing Dwen Dwen” and “Xue Rong Rong” is also restricted by article 24 of the Copyright Law concerning the fair use of works.If the use behavior conforms to the purpose of personal appreciation, such as weaving its pattern on the scarf, glove and other personal articles for personal use only;Or newspapers, periodicals, radio stations, television stations and other media in the news of the reproduction of the image, usually does not damage the legitimate rights and interests of the copyright owner, does not constitute infringement.Q1 Making and spreading emoticons related to “Bing Dwen Dun” and “Xue Rong Rong” on the network, is it an infringement?The determination of copyright infringement does not depend on whether the use behavior has commercial profit purpose, especially in the case of spreading works through the network.Therefore, if the image of “Bing Dwen Dwen” and “Xue Rong Rong” is made into a pattern similar to emoticons and spread on the Internet without permission of the organizing committee, even if it does not involve fees, it is also an infringement.Q2 “Bing Dun Dun” and “Xue Rong Rong” related peripheral products as licensed goods of the Winter Olympics, what are the particularity of copyright protection?Winter Olympic licensed products refer to the products produced and sold by enterprises authorized by the Beijing Winter Olympic Organizing Committee (BOCOG) in connection with the intellectual property rights of the Winter Olympic and Paralympic Games.”Bing Dwen Dwen” and “Xue Rong Rong” are the Olympic symbols announced by the State Intellectual Property Office. The peripheral products designed in the image of “Bing Dwen Dwen” and “Xue Rong Rong” are not only the material carrier of the intellectual property rights of the Winter Olympic Games, but also the “Olympic-related assets” of the International Olympic Committee.As the host of the 2022 Winter Olympic Games, Beijing not only has to protect licensed products in accordance with the Copyright Law, trademark law, patent law, anti-unfair competition law and other laws, but also in accordance with the Regulations on the Protection of Olympic Symbols and the Olympic Host City Contract signed with the Ioc.Q3 in the face of “a pier difficult to find” situation, some businesses moved up a crooked mind, pirated “Ice Pier pier” dolls and other peripheral products also appear on some e-commerce platforms.So, production, sales of “Ice dun Dun” piracy around what laws?According to the Notice on Mascots of Beijing 2022 Winter Olympic and Paralympic Games issued by boCOG on September 17, 2019, the BoCOG, as the copyright owner of Bing Dandong dwen, has registered the copyright of bing Dandong dwen and Xue Rongrong in China Copyright Protection Center.It has applied for trademark registration in the Trademark Office of the State Intellectual Property Office for the image and name of the mascot, and has submitted the image and name of the mascot to the State Intellectual Property Office for announcement as the Olympic logo.Therefore, production, sales, ice mound mound piracy around belong to “copied without permission to use the Olympic logo and involved the work”, has violated the Olympic symbol protection ordinance “special signs management ordinance” trademark law of the People’s Republic of China “the patent law of the People’s Republic of China” the advertisement law of the People’s Republic of China “the anti-unfair competition law of the People’s Republic of China,If the pirated peripheral online sales will also violate the trademark Law of the People’s Republic of China e-commerce Law.Editor: French mavericks source: comprehensive from legal daily, legal network