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Article 1. This Regulation is formulated in order to strengthen the protection of world expo logo marks, and maintain the lawful rights and interests of world expo logo mark obligees. Article 2. World expo logo marks mentioned in this Regulation shall mean: (1) the names (including the full name, shortened name, translated name and abbreviations, the same hereafter), logos or other marks of the bidder for World Expo 2010, Shanghai China; (2) the name, logos or other marks of the organizer of World Expo 2010, Shanghai China; (3) the names, logos, flags, mascots, expo songs, subject terms, slogans of World Expo 2010, Shanghai China; (4) flag of the Bureau of International Expositions. Article 3. World expo logo mark obligees mentioned in this Regulation shall mean the organizer of World Expo 2010, Shanghai China and the Bureau of International Expositions. The organizer of World Expo 2010, Shanghai China shall be an obligee of the world expo logo marks prescribed in Items (1) through (3) of Article 2 of this Regulation. The division of the rights between the organizer of World Expo 2010, Shanghai China and the Bureau of International Expositions concerning the world expo logo marks prescribed in Item (4) of Article 2 of this Regulation, shall be determined in accordance with the "Bidding Report" and "Registration Report" for the World Expo 2010, Shanghai China, and the Provisions of the Bureau of International Expositions on Use of the International Exposition's Flag. Article 4. A world expo logo mark obligee may enjoy proprietary right to world expo logo marks in accordance with this Regulation. Without permission from a world expo logo mark obligee, no one shall use the world expo logo mark for commercial purposes (including potential commercial purposes, hereafter the same). Article 5. Use for commercial purposes mentioned in this Regulation shall mean the use of world expo logo marks in the following ways for the purpose of making profits: (1) Using world expo logo marks on commodities, commodity packages or containers, or commodity trading documents; (2) Using world expo logo marks in the service industry; (3) Using world expo logo marks in advertisements, commercial exhibitions, business operational performances, or other commercial activities; (4) Selling, importing or exporting commodities containing any world expo logo mark; (5) Producing or selling world expo logo marks; (6) Using world expo logo marks to apply for registration of an enterprise name, which might cause misrecognition or confusion in the market; (7) Other acts which might lead others to consider that the use of any world expo logo mark is based upon a relationship of permission for use, which exists between the logo mark user and the world expo logo mark obligee. Article 6. The administration for industry and commerce under the State Council shall, in accordance with this Regulation, be responsible for the protection of world expo logo marks nationwide. Each administration for industry and commerce at the county level or above shall, in accordance with this Regulation, be responsible for protection of world expo logo marks within its own jurisdiction. Article 7. A world expo logo mark obligee shall report its world expo logo marks to the administration for industry and commerce under the State Council for archival purposes, and the logo marks shall be announced by the administration for industry and commerce under the State Council. Article 8. He who has lawfully used a world expo logo mark prior to the effectiveness of this Regulation may continue using the logo mark within the original scope. Article 9. Where any dispute arises out of infringement upon the proprietary right to the world expo logo mark due to discretionary use of the world expo logo mark for commercial purposes without permission from the world expo logo mark obligee, such dispute shall be settled by the parties involved through negotiation; if they refuse to negotiate or the negotiation fails, the world expo logo mark obligee or the interested party may bring a lawsuit to the people's court in accordance with the law, and may also request the administration for industry and commerce for settlement. Upon request by a party concerned, the administration for industry and commerce may hold mediation on the amount of damages for infringement upon the proprietary right to the world expo logo mark; if the mediation fails, the party concerned may bring a lawsuit to the people's court in accordance with the law. Article 10. The administration for industry and commerce may, when investigating the acts suspected to have infringed upon the proprietary right to a world expo logo mark on the basis of the obtained evidence or report on suspect of violation of law, exercise the following powers: (1) Inquiring the parties involved, investigating the facts related to the infringement upon the proprietary right to the world expo logo mark; (2) Consulting and reproducing the contracts, invoices, accounting books and other documents related to the infringement activities; (3) Making onsite inspections on the places where the party concerned is suspected to have infringed upon the proprietary right to the world expo logo mark; and (4) Inspecting the articles related to the infringement activity; sealing up or distraining the articles which can be proved with evidence to be involved in infringement upon the proprietary right to the world expo logo mark. When the administration for industry and commerce lawfully exercises the powers prescribed in the preceding paragraph, the parties shall provide assistance and cooperation, instead of refusing or impeding the administration for industry and commerce. Article 11. Where the administration for industry and commerce ascertains that an infringement act is tenable when dealing with the infringement upon a proprietary right to the world expo logo mark, it shall order the infringer to cease its infringement act immediately, confiscate and destroy the infringing commodities, as well as the instruments specially used for producing the infringing commodities or for unlawfully producing the world expo logo marks for commercial purposes; it shall also confiscate the illegal proceeds, if any, and may, in addition, impose a fine of not more than 5 times the illegal proceeds; if there are no illegal proceeds, it may impose a fine of not more than 50,000 Yuan, in addition. Whoever makes use of a world expo logo mark to carry out fraudulent activities, etc. shall, if a crime is constituted, be subject to criminal liabilities. Article 12. Any goods infringing upon the proprietary right to a world expo logo mark shall be prohibited from being imported and exported. The procedures for Customs protection of the proprietary right to world expo logo marks shall be governed by the "Regulation of the People's Republic of China on Customs Protection of Intellectual Properties". Article 13. The amount of damages for infringing upon the proprietary right to a world expo logo mark shall be determined on the basis of either the obligee's losses caused from such infringement or the infringer's proceeds obtained due to such infringement, including reasonable expenses paid for stopping such infringement act; where the losses of the aggrieved party or the proceeds of the infringer are difficult to be determined, they shall be reasonably determined with reference to the royalties for such world expo logo mark. Whoever sells any commodities without knowing that they have infringed upon the proprietary right to a world expo logo mark, and is able to prove that he obtained such commodities in a lawful way, and is also able to state the supplier, as well, does not have to pay damages. Article 14. Any entity or individual may expose to the administration for industry and commerce or other relevant administrative department any act of using a world expo logo mark by violating this Regulation. Article 15. World expo logo marks may, in addition to being protected under this Regulation, be protected in accordance with the "Copyright Law of the People's Republic of China", the "Trademark Law of the People's Republic of China", the "Patent Law of the People's Republic of China", the "Anti-Unfair Competition Law of the People's Republic of China", the "Regulation for the Administration of Particular Marks", and other laws and administrative regulations. Article 16. This Regulation shall come into force on December 1, 2004. |
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