(October 13, 2004 66th Executive meeting of the State Council on December 1, 2004, People's Republic of China promulgated by Decree No. 422, promulgated as of December 1, 2004) first in order to strengthen the protection of World Expo logo, protect legal rights of World Expo logo marks right holders, this Ordinance is enacted.
Second article this Ordinance by said World Expo logo, is refers to: (a) China 2010 Shanghai World Expo bid institutions of name (including full name, and referred to, and translation and abbreviations, with), and emblem or other logo; (ii) China 2010 Shanghai World Expo organization institutions of name, and emblem or other logo; (three) China 2010 Shanghai World Expo of name, and emblem, and flag, and mascot, and will song, and keyword, and slogan; (four) international exhibition Council of Council flag.
Third World Expo logo marks right holders referred to in these regulations refers to 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.
Article fourth of World Expo logo 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 article this Ordinance by called commercial purpose using, is refers to to profit for purpose, to following way using World Expo logo: (a) will World Expo logo for commodity, and commodity packaging or container and commodity trading instruments Shang; (ii) will World Expo logo for services in the; (three) will World Expo logo for advertising publicity, and commercial exhibition, and business sex performances and other commercial activities in the; (four) sales, and imports, and export contains World Expo logo of commodity;
(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 and (VII) 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 the 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 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.
Article 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.
Tenth Article business administration sector according to has made of illegal suspected evidence or reported investigation suspected violations World Expo logo proprietary right of behavior Shi, can exercise following terms: (a) asked about party, survey and violations World Expo logo designed right to about of situation; (ii) check out, and copy and infringement activities about of contract, and invoice, and books and other about information; (three) on party suspected violations World Expo logo designed right to activities of places implementation site check;
(D) checks and items relating to infringement activities; evidence of exclusive right of World Expo logo articles, 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, can and at 50,000 yuan following of fine.
Fraudulent activities such as use of World Expo logo, constitutes a crime, criminal responsibility shall be investigated according to law. 12th violations 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 violations 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 do not 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 industrial and commercial administrative department or relevant administrative departments to report violations of this Ordinance on the use of World Expo logo.
15th World Expo outside the protected mark except in accordance with this Ordinance, and 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 and the regulations on the administration of special signs and other laws and administrative regulations for protection.
16th article of the regulations come into force on December 1, 2004.
