The 26Th Edition Of The Summer Games Rules On Intellectual Property Rights Protection

Original Language Title: 深圳第26届世界大学生夏季运动会知识产权保护规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(May 11, 2007 the 163th Shenzhen People's Government promulgated as of June 1, 2007) the first order to the 26th Edition of the summer games (hereinafter referred to as the Universiade in Shenzhen), intellectual property protection, maintenance of Universiade in Shenzhen People's legitimate rights and interests of intellectual property rights, safeguard and promote the sustained and healthy development of sports of college students, according to the provisions of national laws and regulations, this provision is enacted.
    Article in the city of Shenzhen and Shenzhen Universiade activities related to the management, protection and other intellectual property, are governed by these provisions; but for the Universiade in Shenzhen Special provisions of protection for the flag from its provisions.
    Article Universiade in Shenzhen intellectual property in these rules refers to trademarks associated with the Shenzhen Universiade, special marks, patents, trade secrets, work proprietary rights and other creations.
    Fourth article this provides by said and Shenzhen big shipped will about of trademark, and special logo, and patent, and commercial secret, and works and other creation results is refers to: (a) international students Sports Federation (following referred to international General joint) emblem, and international General joint international students games trademark, and international General joint Carol, and big shipped will flame, and international General joint project named, and international General joint project coat of arms, name, and graphics or other combination; (ii) China students Sports Association (following referred to China big SF) of name, and emblem and logo;
    (Three) bid, and hosted Shenzhen big shipped will during Shenzhen big shipped will bid Committee, and Organization Committee (following referred to organizing Committee) itself or delegate others for its using and development of emblem, and mascot, and name, and identifies, and will song, and slogan; (four) Shenzhen big shipped will organizing Committee held of art performances, and shooting of television publicity tablets and other creation results; (five) involved Shenzhen big shipped will logo of patent products; (six) Shenzhen big shipped will of trophy, and medal, dedicated items of design;
    (VII) relating to other Shenzhen Universiade marks, special marks, patents, trade secrets, and other creative works.
    Article fifth Universiade in Shenzhen intellectual property rights refers to the FISU, China Sports Association, Shenzhen Universiade organizing Committee, authorised licensee or other legitimate right holders.
    Sixth Universiade in Shenzhen intellectual property protection should follow the students ' sport and dignity, inviolability and legal protection of proprietary rights, the principle of legitimate use.
    No organization or individual may infringe upon the Shenzhen Universiade intellectual property rights.
    Seventh article Shenzhen big shipped will organizing Committee should developed Shenzhen big shipped will intellectual property protection work programme, law timely take following measures guarantees Shenzhen big shipped will intellectual property: (a) application trademark registered; (ii) application special logo registration; (three) application patent; (four) about works timely registration; (five) on commercial secret take confidential measures; (six) application intellectual property customs record.
    Article eighth Shenzhen Universiade the use of intellectual property rights should contribute to the healthy development of college students ' sports.
    Using this provides fourth article subsection (a), and (three), and (four), and (five), and (six), and (seven) items Shenzhen big shipped will intellectual property of, should by Shenzhen big shipped will organizing Committee, and international General joint or its authorized of institutions license rear can using; using this provides fourth article subsection (ii) items Shenzhen big shipped will intellectual property of, should by China big SF license rear can using.
    Nineth article ban following violations Shenzhen big shipped will intellectual property of behavior: (a) without license, in with a commodity, and service Shang or similar commodity, and service Shang using same or approximate of big shipped will registered trademark of; (ii) forged, and unauthorized manufacturing same or approximate of big shipped will trademark identifies or sales forged, and unauthorized manufacturing of big shipped will trademark identifies of; (three) without license implementation big shipped will patent of; (four) without license, in products, and products packaging, and advertising or other publicity material Shang using big shipped will patent, of;
    (V) the unauthorized use of works and other works of the Universiade, but except as otherwise provided by laws and regulations; (vi) to provide places for these violations, warehousing, transportation, mailing, concealing facilities; (VII) in violation of the relevant laws, regulations and other violations.
    Tenth, advertisers, advertising agents and advertisement publishers in the advertising design, production, agency Shenzhen Universiade, publishing activities, shall not be infringed intellectual property rights.
    Advertising agents and publishers in the advertising campaign should be strengthened in the review, strict inspection of documents.
    11th Administration for industry and commerce, intellectual property Administrative Department shall assist the Shenzhen Universiade organizing Committee completes the registration of intellectual property work, earnestly perform their duties to strengthen inspections of law enforcement, protect intellectual property of Shenzhen Universiade.
    12th Shenzhen Universiade violations violations of the provisions of this trademark, proprietary and trade secret violation of special signs, by the Administrative Department for industry and Commerce investigated according to law.
    Shenzhen Universiade violations violations of the provisions of this patent, copyright violations, by the intellectual property administrative authority to investigate and punish.
    Administration of industry and Commerce and intellectual property administrative departments should establish joint mechanisms and channels of communication, cases involving responsible shall be promptly transferred to receive transferred without prevarication.
    Public security, urban management, administrative law-enforcement departments, shall, in accordance with their respective functions and the Shenzhen Universiade of intellectual property protection. 13th article intellectual property administrative sector in investigation violations Shenzhen big shipped will intellectual property violations Shi, can exercise following terms: (a) asked party, and interest relationship people and witnesses; (ii) questioning, and copy and case about of archives, and contract, and drawings, and books and the other information; (three) used check, and photo, and video, and measurement, way for site inspection; (four) on case about of items law for evidence registration save; (five) survey and case about of other situation; (six) legal, and
    Regulations of other authorities.
    Industrial and commercial administrative departments in dealing with violations of the Universiade in Shenzhen intellectual property violation, in addition to exercising the terms of reference set out in the preceding paragraph, there is evidence that the Shenzhen Universiade is a violation of trademark rights can be sealed up or seized by law.
    14th Shenzhen Universiade violations trademark rights and exclusive rights of special signs, industrial and commercial administrative departments may adopt the following measures, from: (a) in order to stop violations and rectify, remove, (ii) confiscation and destruction of the infringing goods or infringing goods trademarks, (iii) fine.
    Of violations of the Shenzhen Universiade patent, copyright violations, intellectual property administrative departments may adopt the measures provided for in the preceding paragraph, harsh handling.
    15th article import and export Shenzhen Universiade goods suspected of infringement of intellectual property rights by the Customs to investigate and punish.
    16th Shenzhen Universiade violations of intellectual property rights, shall bear civil liability; a suspected crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Article 17th Universiade in Shenzhen owners of intellectual property rights and related rights found violations of their rights, can contribute to the industrial and commercial Administrative Department, intellectual property Department, customs and other administrative complaints, requests to investigate violations, or directly to a people's Court according to law, requesting compensation for losses.
    18th article of any organizations or individuals for violations of intellectual property acts of the Universiade in Shenzhen, are to report to the Administrative Department for industry and commerce, intellectual property administrations and customs; the report is verified, Shenzhen City, in accordance with the incentive to report illegal and criminal activities of manufacturing and selling fake and shoddy products active provisions of the staff regulations shall be awarded.
                                                  19th article of the regulations come into force on June 1, 2007.