Haiyang 2012 Third Asian Beach Games Rules On Intellectual Property Rights Protection

Original Language Title: 海阳2012年第三届亚洲沙滩运动会知识产权保护规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257700.shtml

Haiyang 2012 third Asian beach games rules on intellectual property rights protection

    (February 1, 2010 the 63rd Executive meeting of Shandong province by Shandong provincial people's Government on February 24, 2010, order No. 222 published come into force on April 1, 2010)

    First in order to strengthen the Haiyang 2012 third Asian beach games (hereinafter referred to as haiyangyashahui), intellectual property protection, maintenance of Haiyang Asian beach related to intellectual property rights holders and the legitimate interests of rights holders, in accordance with the relevant laws and regulations, this provision is enacted.

    Article occur within the administrative region of this province and Haiyang Asian beach related to intellectual property rights protection act, these provisions shall apply.

    Article Haiyang Asian beach of intellectual property in these rules refers to the Haiyang Asian beach-related special signs, trademarks, patents, trade secrets, work proprietary rights and other works, including:

    (A) the Olympic Council of Asia's name, emblem, flag, anthem, motto;

    (B) Hai Duong of the ABG organizing Committee names, emblems, slogans, domain names and other signs;

    (C) the Haiyang Asian Beach name, emblem, mascot and slogan, anthem and flag;

    (D) the Haiyang Asian beach of the torch, medals, trophies, souvenirs, and other special items of design;

    (E) the Haiyang ABG organizing Committee organized by the performing arts, photography, film and television commercials, plan the opening and closing ceremonies of creative programmes and other works;

    (Vi) other intellectual property associated with the Haiyang Asian beach.

    Above calls the translated name includes the name, abbreviation, and acronyms. Use the first paragraph of this section (a) shall be subject to the Olympic Council of Asia or its authorized institution license before using; using the first paragraph of this section (b) to (f) shall be subject to Haiyang ABG organizing Committee for permission before using.

    Except as otherwise provided by laws and regulations.

    Haiyang Asian Beach in the fourth article of the rules of intellectual property rights, refers to the Olympic Council of Asia and Haiyang ABG organizing Committee.

    Haiyang Asian Beach mentioned in these regulations related to intellectual property rights, and is signed by the Olympic Council of Asia or Haiyang ABG organizing Committee license Haiyang Asian Beach licensee of intellectual property rights and other legitimate rights of people.

    Fifth Haiyang Asian beach protection of intellectual property rights should be followed to maintain Asian Olympic dignity, inviolability and legal protection of proprietary rights, the principle of legitimate use.

    No organization or individual shall safeguard the Haiyang Asian beach of intellectual property rights.

    Sixth people's Governments above the county-level industry and commerce, patent and copyright administrative management departments in accordance with their respective responsibilities, Haiyang Asian Beach within the responsible for the administration of intellectual property rights protection of public security, culture and sports, quality and technical supervision and other departments, coordinate related work.

    Article seventh Haiyang ABG organizing Committee may take the following measures to protect intellectual property of Haiyang Asian Beach:

    (A) the application for registration of special signs;

    (B) the application for trademark registration;

    (C) applications for patents;

    (D) the application for registration of copyright;

    (E) take security measures on trade secrets;

    (F) application for customs protection of intellectual property rights;

    (G) the domain name registration;

    (H) other measures stipulated by laws, rules and regulations.

    Eighth, no organization or individual may use or misappropriation of Haiyang Asian Beach and the Olympic Council of Asia on behalf of the Organizing Committee, engaged in fund-raising, assembling sponsorship, making advertising, propaganda and other activities.

    Nineth prohibits Haiyang Asian Beach violations of intellectual property rights of the following behavior:

    (A) without a permit, in production, management, advertising, promotion, performances, exhibitions and other activities in the illegal use and Haiyang Asian Beach intellectual property rights identical with or similar to the special logos, trademarks, artwork and other creative works;

    (B) forgery, unauthorized manufacture and Haiyang Asian Beach intellectual property identical with or similar to the special logo, trademark, logo, or sell counterfeit, unauthorized manufacture and Haiyang Asian Beach intellectual property the same or similar special marks, trademarks;

    (C) in disguise and Haiyang Asian Beach intellectual property rights identical with or similar to the special logos, trademarks, artwork and other creative works;

    (D) without a permit, in enterprises, institutions, social groups, businesses, and other names or on Web sites, domain names, places, buildings, structures, place names, such as illegal use of Haiyang Asian Beach intellectual property rights identical with or similar to the special logos, trademarks, artwork and other creative works;

    (E) without permission, for profit-making purposes Haiyang Asian Beach patents;

    (Vi) without permission, in products, product packaging, advertising, or other promotional materials on illegal use of Haiyang Asian Beach patent mark or patent number;

    (VII) to provide places for these violations, warehousing, transportation, mailing, concealing facilities;

    (VIII) other violations of laws, rules and regulations violations.

    Tenth ad design, production, agency and publishing activities involving Haiyang Asian Beach intellectual property, advertisers should provide Haiyang Asian beach or intellectual property licensing files and other documentation, advertising agents and advertisement publishers shall repay the tax inspection.

    The following advertisement from Haiyang ABG organizing Committee hosted or organized after consultation with relevant authorities:

    (A) the Haiyang Asian Beach Cup title sponsor, Crown, special effects, selection of product and involve Haiyang Asian Beach name, emblem, mascot and other exclusive rights of advertising;

    (B) the Haiyang Asian Beach countdown special advertising;

    (C) the Haiyang Asian Beach main venue for the opening and closing ceremonies of the advertisement;

    (D) the Haiyang Asian Beach Stadium ads;

    (E) the Haiyang ABG organizing Committee Department, information centre and officials, referees, athletes, journalists, advertising of the station;

    (F) the Haiyang ABG organizing Committee in the Assembly journal, the race order booklets, Media Guide and venue brochures, posters, albums, tickets, documents and other printed products, and staff apparel, Haiyang Asian Beach supplies such as vehicle bodies of work published on advertisement.

    11th Commerce, patent, copyright administrative departments should promptly investigate and deal with violations of Haiyang Asian Beach violations of intellectual property rights, and shall exercise the following powers:

    (A) asking the parties, interested parties and witnesses;

    (B) photograph, video recording, measurement and site inspection checks of violations related to the goods and antecedent register;

    (C) the inspection, copying and infringement cases related to the contracts, drawings, invoices, account books and other materials;

    (D) investigation and other relevant circumstances of the case;

    (E) other functions and powers provided by laws, rules and regulations.

    Business, patent administration departments in dealing with violations of the Haiyang Asian beach when violations of intellectual property rights, in addition to exercising the terms of reference set out in the preceding paragraph, there is evidence that a violation of Haiyang Asian Beach trademark goods and counterfeited patent Haiyang Asian beach items, can also be sealed up or seized by law.

    12th business, patent, copyright administrative departments for Haiyang Asian Beach violations of intellectual property rights violations, it may take the following measures:

    (A) in order to stop violations and rectify, remove;

    (B) confiscation, destruction of the infringing products, as well as direct infringement of molds, printing plates and other tools;

    (C) confiscation and destruction of the infringing goods trademark or patent marking;

    (D) confiscation of illegal income;

    (E) fine.

    13th in violation of the provisions of Haiyang Asian Beach violations of intellectual property rights, provisions of relevant laws, regulations and rules have been made, in accordance with the provisions for punishment; if not already provided, by industry and commerce, patent, copyright administrative management departments in accordance with their respective mandates and in accordance with the following penalties:

    (A) the violation minor, ordered to stop the infringing act, be warned;

    (B) violations plot heavy, belonging to the non-production operations, fines of between 100 Yuan and 500 Yuan; production management, between 10000 and 3000 Yuan Yuan fine.

    (C) violations serious enough to belong to the non-productive behavior, between 1000 and 500 Yuan Yuan fines; production management, more than 10000 30000 Yuan fine.

    The 14th article import and export cargo suspected of Haiyang Asian Beach intellectual property rights violations, by the customs in accordance with the People's Republic of China Customs law and the People's Republic of China customs protection of intellectual property rights under the regulations and procedures for investigation.

    15th intellectual property rights infringement Haiyang Asian Beach people, in addition shall bear the responsibility of administrative punishment, and shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law. 16th Haiyang Asian Beach the intellectual property right holder or related rights found when their rights have been violated, you can complain to, patent, copyright administrative departments for industry and commerce, or directly to a people's Court according to law.

    Relevant administrative departments when dealing with infringement cases according to law, can legally carry out mediation; mediation fails, the obligee may suit before a people's Court according to law, and requested to stop infringement, damages, apology, removal.

    17th Haiyang Asian Beach violations of intellectual property rights, any organization or individual may for industry and commerce, patent, copyright administrative departments; verified, should be awarded.

    Article 18th, patent, copyright administrative departments for industry and Commerce staff, as well as other related functionaries of dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. The 19th article of the regulations come into force on April 1, 2010.