(adopted at the 59th meeting of the Standing Committee of the Fourth Municipal People’s Government, promulgated by Decree No. 163 of Shenzhen Municipal People’s Government on May 11, 2007)
Article 1 These rules are formulated in accordance with national law and regulations, for the purpose of protecting the intellectual property of the 26th Summer Universiade held in Shenzhen (hereinafter referred to as the Shenzhen Universiade), safeguarding the legal rights and interests of the holders of intellectual property of the Shenzhen Universiade, safeguarding and promoting the sustainable and healthy development of athletic sports in universities and colleges.
Article 2 These rules shall be applicable to the management, protection and other matters concerning intellectual property of the Shenzhen Universiade within Shenzhen municipality. If there are separate rules on protecting the special signs of Shenzhen Universiade, those rules shall prevail.
Article 3 The term of “intellectual property rights” mentioned in these rules refers to the exclusive rights attached to the trademarks, special sings, patents, business secrets, works and other creative achievements involved in Shenzhen Universiade.
Article 4 Trademarks, special sings, patents, business secrets, works and other creative achievements involved in Shenzhen Universiade include the following items:
(1) the titles, pictures and their combination of the emblem of the International University Sports Federation (hereinafter referred to as the IUSF), the trademark of IUSF universiade, the anthem of IUSF, the holy fire of universiade, the titles of IUSF games and the badges of IUSA games;
(2) the title, emblem and signs of the Chinese College Association of Sports (hereinafter referred to as the CCAS);
(3) the badges, mascots, titles, signs, anthems and slogans which are created by the bid committee or the organizing committee of the Shenzhen Universiade or by another person entrusted by one of them during the bidding period and holding period;
(4) the art performances, propaganda films and other creation works made by the organizing committee of the Shenzhen Universiade;
(5) the products with patents concerning the Shenzhen Universiade;
(6) the designs of the special things of the Shenzhen Universiade, such as cups and medals;
(7) other subjects concerning the Shenzhen Universiade, such as the trademarks, special signs, patents, business secrets, works and other creating products.
Article 5 The holders of intellectual property of the Shenzhen Universiade refer to the IUSF, the CCAS, the organizing committee of the Shenzhen Universiade, licensees with lawful authorization and other lawful right-holders.
Article 6 The intellectual property protection for the Shenzhen Universiade shall be carried out in consistence with the principles of safeguarding the dignity of college sports, protecting the exclusive rights from being infringing upon, protecting the rights according to law and using the rights according to law.
No organization or individual may infringe upon the intellectual property right of Shenzhen Universiade.
Article 7 The organizing committee of the Shenzhen Universiade shall make a working plan for protecting the intellectual property rights of the Shenzhen Universiade, and adopt the following protection measures in time:
(1)applying for trademark registration;
(2) applying for special sign registration;
(3) applying for patent right;
(4) registering the work in time;
(5) taking measures to protect business secret;
(6) applying for recording the intellectual property in the custom administration.
Article 8 The intellectual property of the Shenzhen Universiade shall be used for promoting the healthy development of college sports.
Anyone who wants to use the intellectual property rights of the Shenzhen Universiade stipulated in the provisions of Item (1), (3), (4), (5), (6) or (7) of Article 4 of these rules shall get the authorization from the organizing committee of the Shenzhen Universiade, IUSA or their authorized institution. Anyone who wants to use the intellectual property right of the Shenzhen Universiade stipulated in the provisions of Item 2 of Article 4 shall get approval from the CCAS.
Article 9 It is forbidden to commit any one of the following activities infringing upon the intellectual property of the Shenzhen Universiade:
(1) using a trademark which is identical with or similar to the registered trademark of the universiade on the same or like products or services without being authorized;
(2) forging or arbitrarily making a trademark which is identical with or similar to the registered trademark of the universiade, or selling the trademark forged or arbitrarily made;
(3) using the patent of universiade without authorization;
(4) using the patent serial number of universiade on a product, the pack of a product, advertisement or other propaganda materials without authorization;
(5) using the work or other creating product of the universiade without authorization except that the law or regulations stipulate otherwise;
(6) providing convenience for the above infringement activities by providing a site or other convenience for storage, transportation, post or concealment;
(7) other infringement activities in violation of relevant national law or regulations.
Article 10 The owner, manager and publishers of advertisements may not infringe upon the intellectual property of the Shenzhen Universiade when designing, producing, deputing or publishing advertisements.
Managers and publishers of advertisements shall strengthen their examination power in the advertisement activities, and check the relevant certifications strictly.
Article 11 The industrial and commercial administrative department and the administrative department of intellectual property shall assist the organizing committee of the Shenzhen Universiade in the registration of intellectual property, fulfill their responsibilities, and improve their law-enforcement for protecting the intellectual property of the Shenzhen Universiade.
Article 12 The industrial and commercial administrative department shall investigate into, according to law, the illegal activities which violates these rules and infringes upon the rights attached to the trademark, the exclusive rights of the special signs and the business secrets of the Shenzhen Universiade.
The administrative department of intellectual property rights shall investigate into, according to law, the illegal activities which violates these rules and infringes upon the patent rights and copyrights of the Shenzhen Universiade.
The industrial and commercial administrative departments and the administrative department of intellectual property rights shall establish an interconnection mechanism and communication channel, and shall transfer the cases to the other in time when the cases shall be under the jurisdiction of the other department. No department may shirk its responsibility for the cases transferred.
The law-enforcement departments of public security and city administration shall protect the intellectual property of the Shenzhen Universiade in accordance with their own functions and responsibilities.
Article 13 The administrative department of intellectual property shall have the following powers when investigating into the illegal activities infringing upon the intellectual property of the Shenzhen Universiade:
(1) inquiring relevant parties, interested parties and witnesses;
(2) checking and copying the materials concerning the cases, such as the archives, contracts, blueprints and account books;
(3)carrying out on-the-spot investigations by means of examining, photographing, video recording or measuring ;
(4) registering and saving the articles related to the cases as evidences;
(5) investigating into the other circumstances related to the case;
(6) performing other powers authorized by the law or regulations.
Besides the powers stipulated above, the administrative department of industry and commerce may close up or sequestrate the goods that can be proved of infringing upon the trademark of the Shenzhen Universiade according to law when it investigates into the illegal activities infringing upon the intellectual property of the Shenzhen Universiade.
Article14 The administrative department of industry and commerce shall severely deal with the activities infringing upon the right of trademark or special signs of the Shenzhen Universiade by adopting the following measures:
(1) ordering the infringer to stop the infringement, make correction within a specific period and eliminate the negative effects;
(2) confiscating or destroying the infringing goods or their trademarks;
(3) imposing fines.
The administrative department of intellectual property may severely deal with the illegal activities infringing upon the patent or copyright of the Shenzhen Universiade by adopting the measures stipulated above.
Article 15 The Customs authority shall carry out an investigation when the imported or exported goods are suspected of infringing upon the intellectual property of the Shenzhen Universiade.
Article 16 Anyone who infringes upon the intellectual property of the Shenzhen Universiade shall bear the corresponding civil responsibilities according to law, and shall be investigated for criminal responsibilities by the judicial organ according to law if he is suspected to commit a crime.
Article 17 When a holder of the intellectual property of the Shenzhen Universiade or another right-holder finds his rights being infringed upon, he may complain to the administrative department for industry and commerce, the administrative department of intellectual property, or the Customs authority, and apply for an investigation, or he may directly bring a suit before a people’s court and claim for a compensation for his loss.
Article18 Every organization and individual may report to the administrative department for industry and commerce, the administrative department of intellectual property or the customs authority of any infringement to the intellectual property of the Shenzhen Universiade. If the report is proved to be true, the organization or the individual shall be rewarded according to the provisions of the Administrative Rules of Shenzhen Municipality on Rewarding the Persons who Contribute to Report the Illegal Activities or Crimes of Producing or Selling Counterfeit or Inferior Products.
附件下载：
粤公网安备 44030402002963号