294 Regulations on the Protection of the Special Signs of Shenzhen 26th Summer

Decree of Shenzhen Municipal People’s Government 

No. 164 

     The Regulations on the Protection of the Special Signs of Shenzhen 26th Summer Universiade was adopted at the fifty-ninth executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of June 1, 2007. 

Xu Zongheng, Mayor 

May 11, 2007

Regulations on the Protection of the Special Signs of Shenzhen 26th  

Summer Universiade 

　　Article 1   In order to strengthen the protection of the special sings of Shenzhen 26th Summer Universiade (hereinafter “Shenzhen Universiade”) and safeguard the legitimate rights and interests of the right holders of the specials signs of Shenzhen Universiade, these Regulations are formulated according to the relevant provisions of the Regulations on the Administration of Special Signs of the State Council. 

　　Article 2   The special signs of Shenzhen Universiade referred to in these Regulations include: 

　　(1) The emblem of the International University Sports Federation (hereinafter “FISU”), the trademark of FISU universiade, the anthem of FISU, the holy fire of the universiade, the names of FISU games and the badges of FISU games; 

　　(2) Proper names such as Shenzhen 26th Summer Universiade and its short form; 

　　(3) The name, emblem and sign of the Federation of University Sports of China (hereinafter “FUSC”); 

　　(4) Special signs including the name and emblem of the Organizing Committee of Shenzhen 26th Summer Universiade (hereinafter the “Organizing Committee of Shenzhen Universiade”), the mascot, anthem and slogan of Shenzhen Universiade, the name of Shenzhen 26th Summer Universiade and its short form, etc.; 

　　(5) The name, emblem and sign of the Bid Committee for Shenzhen 26th Summer Universiade. 

　　Article 3   The right holders of the special signs of Shenzhen 26th Summer Universiade referred to in these Regulations include FISU, FUSC, the Organizing Committee of Shenzhen Universiade, other licensees legally authorized and other legal right holders. 

　　The division of rights between FISU, FUSC and the Organizing Committee of Shenzhen Universiade shall be determined according to the FISU Statutes and the Contract on the Hosting of Shenzhen 26th Summer Universiade in 2011. 

　　Article 4   The right holders of the special signs of Shenzhen Universiade have exclusive rights of the special signs of Shenzhen Universiade according to these Regulations. 

　　Without the permission of the right holders of the special signs of Shenzhen Universiade, no organization or individual shall use the special signs of Shenzhen Universiade for commercial purposes (including potential commercial purposes, the same below). 

　　Article 5   Commercial purposes referred to in these Regulations include the use of the special signs of Shenzhen Universiade for profit-making purposes in the following ways: 

　　(1) Using the special signs of Shenzhen Universiade on commodities, commodity packages or containers and commodity transaction documents; 

　　(2) Using the special signs of Shenzhen Universiade in service projects; 

　　(3) Using the special signs of Shenzhen Universiade in advertisements, commercial exhibitions, commercial performances and other commercial activities; 

　　(4) Selling, importing or exporting commodities with the special signs of Shenzhen Universiade; 

　　(5) Producing or selling the special signs of Shenzhen Universiade; 

　　(6) Other acts of using the special signs of Shenzhen Universiade that might make people think there is a sponsor relationship or other support relationships between the persons who commit these acts and the right holders of the special signs of Shenzhen Universiade. 

　　Article 6   The Organizing Committee of Shenzhen Universiade shall make a registration application to the state administration for industry and commerce and handle the procedures of the registration of the special signs in time according to the provisions of the Regulations on the Administration of Special Signs; make a filing application to the General Administration of Customs and handle the filing procedures related to intellectual property rights in time according to the Regulation on the Customs Protection of Intellectual Property Rights. 

　　The administration for industry and commerce shall be responsible for the protection of the special signs of Shenzhen Universiade and assist the Organizing Committee of Shenzhen Universiade in handling the procedures of the registration of the special signs according to these Regulations. 

　　Article 7   Where the special signs of Shenzhen Universiade are used for commercial purposes, the person licensed to use the special signs of Shenzhen Universiade shall file a copy of the license contract to the state administration for industry and commerce for reference within one month after signing the license contract and file another copy to the municipal administration for industry and commerce for examination according to the provisions of the Regulations on the Administration of Special Signs. 

　　Where a license contract is entered according to the provisions of the preceding article, the licensee shall use the special signs of Shenzhen Universiade within the scope and period agreed on in the contract. 

　　Article 8   Those who used the special signs of Shenzhen Universiade according to the law before the implementation of these Regulations may continue to use them within the original scope. 

　　Article 9   If the exclusive rights of the special signs of Shenzhen Universiade are infringed, compensation shall be made according to the law. The amount of compensation shall be determined according to the losses of the right holders or the gains of the infringing person, including rational expenses paid to stop the infringement; where it is difficult to determine the losses of the infringed person or the gains of the infringing person, it shall be rationally determined in light of the license fee of the special signs of Shenzhen Universiade. 

　　Article 10   The administration for industry and commerce shall be entitled to investigate and deal with the infringement on the exclusive rights of the special signs of Shenzhen Universiade and may perform the following duties: 

　　(1) Question the parties concerned and investigate the circumstances related to the infringement of the special signs of Shenzhen Universiade; 

　　(2) Read and copy the contracts, invoices, account books and other materials related to the infringement; 

　　(3) Carry out spot inspection of the place where the parties concerned are suspected to infringe the exclusive rights of the special signs of Shenzhen Universiade; 

　　(4) Examine the objects related to the infringement and seal up or seize according to the law the objects that infringe the exclusive rights of the special signs of Shenzhen Universiade as is shown by the evidence. 

　　When the administration for industry and commerce performs the duties set out above, the parties concerned shall assist and cooperate and shall not refuse or obstruct the administration for industry and commerce. 

　　Article 11   In case any of the following acts is committed, the administration for industry and commerce shall order the infringing person to stop the infringement immediately, confiscate the infringing commodities and illegal gains according to the law, and impose a fine of less than five times the illegal gains; where no illegal gains are made or the illegal gains are less than RMB 2,000, a fine of less than RMB 10,000 shall be imposed: 

　　(1) Using the signs of characters, figures or their combinations identical with or similar to the special signs of Shenzhen Universiade; 

　　(2) Producing or selling the special signs of Shenzhen Universiade or using the special signs for commercial purposes without the permission of the owners of the special signs of Shenzhen Universiade; 

　　(3) The licensee sublicenses other people to use the special signs without the permission of the right holders of the specials signs of Shenzhen Universiade. 

　　Article 12   If parties concerned have objections to the administrative penalties imposed by the administration for industry and commerce, they may apply for administrative review or file a lawsuit at a people’s court according to the law. 

　　Article 13   Those who use threats or force to obstruct the staff of the administration for industry and commerce from performing their duties according to the law shall be punished by the public security organs according to the Law of the People's Republic of China on Public Security Administration Punishments; if they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law and be held accountable for criminal liabilities. 

　　Article 14   Where the staff of the administration for industry and commerce neglect their duties or protect those who infringe the legitimate rights and interests of the right holders of the special signs of Shenzhen Universiade, administrative punishments shall be meted out by their employer or higher authorities; if the situation is serious and they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law and be held accountable for criminal liabilities. 

　　Article 15   Import and export goods suspected of infringing the exclusive rights of the special signs of Shenzhen Universiade shall be investigated and dealt with by the customs. 

　　Article 16   The special signs of Shenzhen Universiade may also be protected by 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 these Regulations. 

Article 17   These Regulations shall be implemented as of June 1, 2007.