on October 13, 2004 the regulations on protection of World Expo logo adopted at the 66th general meeting of the State Council, are hereby promulgated and come into force since December 1, 2004.
Premier Wen Jiabao
October 20, 2004
World Expo logo regulations on the protection of
first in order to strengthen the protection of World Expo logo, Maintenance of World Expo logo marks the legitimate interests of rights holders, this Ordinance is enacted.
article of World Expo logo marks mentioned in these regulations refers to:
(a) name of the World Expo 2010 Shanghai China bidding for authority (including full name, abbreviations, names and abbreviations, the same below), mark or other sign;
(B) the World Expo 2010 Shanghai China organization name, emblem, or other signs
(c) the name of the World Expo 2010 Shanghai China, emblem, flag, mascot and theme song, keywords, slogans;
(d) of the international exhibitions Bureau flag.
article mentioned in the regulations of World Expo logo rights, refers to the World Expo 2010 Shanghai China organization and the Bureau of international expositions.
World Expo 2010 Shanghai China organization section II (a), (b), (c) provision of World Expo logo for the right person. World Expo 2010 Shanghai China organization and international exhibitions Bureau regarding article II, paragraph (d) of World Expo logo right under Division, pursuant to the World Expo 2010 Shanghai China bidding report, register report and the Bureau of international expositions of the uses set out in the provisions of the international exhibitions Bureau flag.
fourth World Expo marks right holders enjoy exclusive right of World Expo logo in accordance with this Ordinance.
without the permission of the rights of World Expo logo, no person shall, for commercial purposes (including potential commercial purposes, the same below) use of World Expo logo.
fifth this Ordinance referred to as commercial use, refers to the profit-making purposes, use of World Expo logo in the following way:
(a) the use of World Expo logo for products, packaging or container and commodity trading instruments;
(B) the use of World Expo logo for services;
(c) world's fair logo for advertising, commercial exhibitions, performances for business and other commercial activities;
(iv) sales, import and export of World Expo logo merchandise at
(E) the manufacture or sale of World Expo logo;
(vi) of World Expo logo as the font size applied for registration of enterprise names may cause misidentification, confusion in the market;
(g) may make other people think that actors of World Expo logo licensing relationship exists between rights holders and other acts of World Expo logo.
sixth State Council administration for industry and commerce in accordance with the provisions of this Ordinance shall be responsible for work of World Expo logo.
local industrial and commercial administrative departments at and above the county level shall, in accordance with the provisions of this Ordinance, is responsible for the administrative work of World Expo logo.
seventh of World Expo logo marks right holders of World Expo logo should be reported to the Administrative Department for industry and commerce under the State Council for the record, by the Administrative Department for industry and commerce under the State Council notice.
eighth before the enforcement of this Act has legal use of World Expo logo, you can continue to use the original scope.
Nineth without the permission of the rights of World Expo logo, use for commercial purposes of World Expo logo that violations of World Expo logo exclusive rights disputes and resolved by the parties through consultation; not consultation or negotiation fails, the World Expo logo marks right holders or interested parties may initiate litigation to the people's Court according to law, and may request the administrative departments for industry and commerce.
upon the request of the parties, industrial and commercial administration departments could take of World Expo logo exclusive right to mediate in the amount of compensation; in case of a dispute, the parties may initiate litigation to the people's Court according to law.
article tenth has been made according to the Administrative Department for industry and Commerce of suspected illegal evidence or reports to investigate alleged violations of World Expo logo exclusive rights act, may exercise the following functions:
(a) inquire about parties, investigate violations of World Expo logo exclusive rights-related cases
(B) inspect, copy and the infringement relating to the activities of contract, invoice, account books and other relevant information;
(c) alleged violations of World Expo logo on the parties place of exclusive right to conduct inspections;
(d) checks and items relating to infringement activities; there is evidence of violation of the exclusive right of World Expo logo items Be sealed up or seized.
industrial and commercial administrative departments according to law when exercising the powers prescribed in the preceding paragraph, the Parties shall assist and cooperate, and may not refuse or obstruct.
11th article business administration sector processing violations World Expo logo proprietary right behavior Shi, finds infringement behavior established of, ordered immediately stop infringement behavior, confiscated, and destroyed infringement commodity and specifically for manufacturing infringement commodity or for commercial purpose unauthorized manufacturing World Expo logo of tool, has illegal proceeds of, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, May be fined not more than 50,000 yuan.
of World Expo logo for fraudulent activities, such as to constitute a crime, criminal responsibility shall be investigated according to law.
12th violation of World Expo logo exclusive right to prohibit the import and export of goods. Customs protection of World Expo logo exclusive rights procedures for the application of the People's Republic of China stipulated in the regulations on customs protection of intellectual property rights.
13th violation of World Expo logo exclusive rights to the amount of compensation, of infringement of rights caused by the loss or obtained by the infringer for infringement of interests, including reasonable expenses paid for by stopping the infringement; the infringer's loss of benefits or infringement is difficult to determine, in the light of World Expo logo license fee determination.
sales don't know is a violation of the exclusive right of World Expo logo merchandise, can prove that the goods are lawfully acquired and State providers, assumes no liability for damages.
14th no unit or individual can contribute to the industrial and commercial administrative department or relevant administrative departments to report violations of this Ordinance on the use of World Expo logo.
15th of World Expo logo except in accordance with these regulations are protected, but can also be in accordance with the People's Republic of China copyright law and the People's Republic of China trademark law, and the People's Republic of China patent law and the People's Republic of China against unfair competition law, the regulations on the administration of special signs and other laws and administrative regulations for protection.
16th the regulations come into force on December 1, 2004.