Because of the huge business opportunities contained in the mascot of Beijing National Games, some people came up with the idea of "ice shield", and various behaviors of "ice shield" appeared in large numbers, trying to make use of its influence to seek benefits in various ways. However, while making money, it is necessary to clarify the possible legal responsibilities of privately manufacturing and selling "Ice Shield".
I. Responsibility of Copyright Law
According to the Copyright Law of People's Republic of China (PRC), no unit or individual may use other people's works without permission, otherwise it may constitute civil infringement, administrative punishment and serious crimes. "Ice Shield" has applied for copyright protection. If someone copies, issues or disseminates through the information network, the copyright owner may investigate the responsibility of the relevant personnel according to the provisions of the Copyright Law.
Second, the trademark legal liability
As early as 20 19, BOCOG submitted 270 applications for trademark registration with Chinese and English names, which protected the "Bingdundun" trademark in all categories. According to the provisions of the Trademark Law, no one may publicize and use the trademark "Ice Shield" without permission. If someone imitates the trademark "Ice Shield", he will bear administrative punishment, civil compensation and criminal responsibility.
Three. Patent law responsibility
BOCOG submitted eight design patent applications to China National Intellectual Property Administration Intellectual Property, involving "Ice Pier" stickers, signs, graphical user interface (GUI) and so on. Any imitation and reproduction of "Ice Pier" will be sanctioned by the Patent Law, and the national law enforcement departments will investigate and punish the infringement according to their functions and powers, give corresponding administrative penalties, and investigate criminal responsibility if the circumstances are serious.
Four. Responsibility of consumer protection law
Making and selling "Ice Shield" without permission is also an act that harms consumers' legitimate rights and interests. Using consumers' enthusiasm for "Ice Shield" damages consumers' right to know and deceives consumers. Therefore, consumers can complain to the state organs and ask the market supervision department to punish the illegal businesses, or they can claim compensation from them and ask them to "refund one and compensate three".
Verb (abbreviation of verb) is the responsibility against unfair competition law.
Article 6 of the Anti-Unfair Competition Law stipulates that business operators are not allowed to use identical or similar marks such as commodity names, packages and decorations that have a certain influence on others, and other confusing behaviors that are easy to make people mistakenly think that they are other people's commodities or have specific connections with others. Any behavior that imitates the "ice wharf" or uses the banner of "ice wharf", or any behavior that rubs traffic, is unfair competition and will be punished by the Anti-Unfair Competition Law.
In a word, BOCOG has given all-round legal protection to the "ice shield". Although privately manufacturing and selling "ice escape" can gain huge benefits, there are also huge risks. Any income must be obtained according to law, and illegal profits will be punished by law. Only by constantly innovating and looking for opportunities in market competition is the correct way to operate. With the increasing protection of intellectual property rights by the state, the illegal cost will continue to increase and there will be criminal risks.