How to protect the intellectual property rights of special signs
The intellectual property rights of special signs are protected by the "Special Signs Management Regulations".
Anyone who commits any of the following acts shall be prosecuted by the county level The industrial and commercial administrative departments of the above people's governments order the infringer to immediately stop the infringement, confiscate the infringing goods, confiscate the illegal income, and impose a fine of not more than 5 times the illegal income. If there is no illegal income, a fine of not more than 10,000 yuan is imposed:
(1) Unauthorized use that is identical or similar to the owner’s special mark
( 2) Without the permission of the owner of the special mark, manufacture or sell the special mark or use the special mark for commercial activities;
(3) Any other behavior that causes economic losses to the owner of the special sign.
Special signs must meet three conditions: First, the sign must be used in In culture, sports, scientific research and other social welfare activities; secondly, the level of the public welfare activity must be national and international; thirdly, it must also be organized with the approval of the State Council. Marks that do not meet the above conditions are not special marks and cannot be protected by special laws. They can only seek protection under trademark law and copyright law. For example, the logo of CCTV's "Heart to Heart" national charity performance is a special logo, but the logo used by a certain singer at the concert does not meet the protection conditions. In addition, the protection of names, emblems, mascots and other signs used by organizations approved by the State Council to represent China in international cultural, sports, scientific research and other activities shall also be implemented with reference to the regulations. The Chinese Olympic Committee and the World Expo Office The English name and logo used can be protected accordingly.
Protected marks include text and graphics name, abbreviation, emblem, mascot, etc. Like the trademark law, special signs composed of certain words and graphics are not allowed to be registered: those that are detrimental to the dignity or image of the country or international organization, such as the name of the national flag, national emblem, "Red Cross", "Red Crescent" etc.; those that are harmful to social good customs and public order, such as using the heads of negative public figures as signs; those that are ethnically discriminatory and detrimental to national unity, such as those that vilify the image of ethnic minorities; those that lack distinctiveness and are difficult to identify , such as a single graphic, a common name, etc.; or contain other content prohibited by laws and administrative regulations. This is a general provision of the law.
"Regulations on the Management of Special Signs"
Article 13 The owner of a special mark may use the mark on advertisements, souvenirs and other items related to its public welfare activities, and permit others to use the mark on goods or services approved by the industrial and commercial administration department of the State Council.
Article 14 The user of special signs shall be an enterprise or institution established in accordance with the law , social groups, individual industrial and commercial households.
The user of the special sign shall sign a written agreement with the owner Usage Contract. The user of a special sign shall, within one month from the date of signing the contract, submit a copy of the contract to the administrative department for industry and commerce of the State Council for record, and to the administrative department for industry and commerce of the people's government at or above the county level where the user is located for review.
Article 15 Owner or use of special signs If a person commits any of the following acts, the administrative department for industry and commerce of the people's government at or above the county level where he is located or where the act occurs shall order him to make corrections and may impose a fine of not more than 50,000 yuan; if the circumstances are serious, the administrative department for industry and commerce of the people's government at or above the county level shall order him to make corrections. The user is ordered to stop using the special mark, and the industrial and commercial administration department of the State Council revokes the owner’s special mark registration:
(1) Changing the text and graphics of special signs without authorization;
(2) Permitting others to use special signs without signing a use contract, or the user fails to report to the industrial and commercial administration department of the State Council for record within the prescribed period or fails to report to the county level where the place is located The above-mentioned industrial and commercial administrative organs of the people's governments;
(3) Use beyond the scope of approved registered goods or services.
Article 16 If any of the following acts occurs, the industrial and commercial administrative department of the people's government at or above the county level shall order the infringer to immediately stop the infringement, confiscate the infringing goods, confiscate the illegal income, and impose a fine A fine of not more than 5 times the illegal income, and if there is no illegal income, a fine of not more than 10,000 yuan:
(1) Unauthorized use of words, graphics or combinations that are the same as or similar to the owner's special mark;
(2) Without the permission of the owner of the special mark, manufacture or sell the special mark or use the special mark for commercial purposes Activities;
(3) Special signs are given All other acts causing economic losses.
Article 17 When the owner or user of a special sign discovers that the ownership or right to use a special sign has been infringed upon, he may complain to the industrial and commercial administration department of the people's government at or above the county level where the infringer is located or where the infringement occurs; he may also file a lawsuit directly with the People's Court .
The industrial and commercial administration department accepts special sign infringement cases If a complaint is made, the owner of the special sign shall mediate the civil compensation for infringement at the request of the owner of the special sign; if mediation fails, the owner of the special sign may bring a lawsuit to the People's Court.
Article 18 When the industrial and commercial administrative department accepts a case of special sign infringement, it may exercise the following powers when investigating and collecting evidence. The relevant parties should be givenAssistance shall not be refused:
(1) Ask about Parties;
(2) Inspection related to infringement activities items;
(3) Investigation and infringement activities Relevant behaviors;
(4) Inquiry and copying Contracts, account books and other business materials related to infringement activities.
(4) Infringement of the copyright of others.
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