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As this essay mentioned in the section 2.1, nowadays we are facing the globalization
highlight the intellectual property protection on Global scale. And from the
host the Olympic Games which is considered to be the most internationalized sports
event.
China have joined almost all the major organizations of Intellectual Property
Intellectual Property Rights and Madrid Agreement for the International Registration
of Trademarks.
The existing China Intellectual Property Protection Laws already provides a
Chinese authorities are keen to make more efforts to guarantee that all uses of
Olympic property are under supervision in regard of the requirements by the Olympic
indirectly with an event in order to gain at least some of the recognition and benefits
that is associated with being an official sponsor” 7 .The Chinese authorities seriously
recognized the problem and developed laws and non-law enforcement methods to
tackle Olympic ambush marketing. Firstly, let us examine the enormous efforts
The Protection of Olympic Intellectual Property Rights Provisions came into effect on
support the development of Olympic Movement. The Provisions identify the rights of
various Olympic intellectual rights owners like the IOC, COC (Chinese Olympic
“the Provisions seem to be based on the premise that all entities should safeguard
property. ”
The Regulations on the Protection of Olympic Symbols (Regulations) also came into
force on 1 April, 2002.The Regulations strictly define rights for the Rights-holders,
especially the names, emblems and symbols of 2008 Beijing Olympic Games. The
Regulations also set up the definition of commercial purposes which includes using
purposes.8 Any use of the Olympic property shall be permitted by the authorities –in-
charge in regard of the Olympic Charter and the Host City Contract. The Regulations
clearly state if any party engages in activities that infringe the rights of the Olympic
property, the dispute should be firstly resolved by the mediation. As long as the
mediation fails to resolve the dispute, the case will be directed to the Administrative
Department for Industry and Commerce or the rights holder can bring an action in the
products and relevant tools ordered by the court. Any party that use unauthorized use
to 50,000 RMB yuan. The Regulations has also confirmed that Administrative
Department for Industry and Commerce has the power to investigate the Olympic –
specific intellectual property infringement, seize funds and levy fines. The
Regulations are supposed to incorporate with the Olympic Charter, Host City
Contract, and Criminal Procedure Law of China, Customs Law of China and the
According these regulations, the China Customs should protect Olympic property at
the import or export process. The China Customs are to safeguard the legal interest of
infringement. The China Customs has established a series of rules and provisions with
cooperation with the Beijing Organizing Committee. “Since the Regulations were
promulgated, the Customs has seized over a hundred of shipments infringing the
exclusive rights of Olympic symbols at border” said the China Customs. The
Customs’ efforts built a sound legal environment for the 2008 Beijing Olympic
Games and wins high evaluation from the International Olympic Committee and
there were non-law enforcement methods employed to meet the goal On July 2008,the
received supports from advertising companies and practitioners although the Initiative
Meanwhile, the BOCOG worked in conjunction with local councils to control the
outdoor advertisings .During the Games, the advertising near the Olympic venues
were under strictly supervision. It is not enough to solely rely on intellectual laws and
property to a maximum.9
The non-law enforcement methods also include control of large events. All the non-
Olympic related events were forbidden if and only if the event with the approval from
BOCOG. This method would be also considered to increase the security level.
There were staff at the entrance check points to stop people who were wearing
This essay has provided basic overview of the Chinese law system, especially the
protections for 2008 Beijing Olympic Games from the law and non-law enforcements.
No doubt, China’s Olympic intellectual property protections are timely and effective.
However, China should continue and increase their efforts to make intellectual
property a primary responsibility of the entire China management team not just legal
counsel. Everyone needs to buy into the importance of such protection. 10 In addition,
protections system, for example, more allocation of human resources and financial