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3.0 CASE ANALYSES: THE 2008 BEIJING OLYMPIC GAMES3.1 China’s International Participation in Intellectual Property Protection

As this essay mentioned in the section 2.1, nowadays we are facing the globalizationof intellectual protection, and Olympic Games can be served as a good example tohighlight the intellectual property protection on Global scale. And from the presentation of China’s Intellectual Property Laws system at section 2 mentionedChina is already an active player at the worldwide intellectual protection campaign.To some extent, participations in international Intellectual Protection is a pledge tohost the Olympic Games which is considered to be the most internationalized sportsevent.China have joined almost all the major organizations of Intellectual PropertyProtection: the World Intellectual Property Organization; Berne Convention for Protection of Literary and Artistic Works (copyright); Universal CopyrightConvention; Paris Convention for the Protection of Industrial Property(patent andtrade mark);Patent Cooperation Treaty; Agreement on Trade-Related Aspects of Intellectual Property Rights and Madrid Agreement for the International Registrationof Trademarks.

The existing China Intellectual Property Protection Laws already provides asatisfactory level of protection to the distinctive Olympic elements. However, theChinese 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 OlympicCharter and the Host City Contract.

3.2 The 2008 Beijing Olympic Games-specific intellectual property protections

Ambush Marketing is “planned effort(campaign) by an organization to associate itself indirectly with an event in order to gain at least some of the recognition and benefitsthat is associated with being an official sponsor”

.The Chinese authorities seriouslyrecognized the problem and developed laws and non-law enforcement methods totackle Olympic ambush marketing. Firstly, let us examine the enormous effortstowards the legislation to protect the Olympic property.The Protection of Olympic Intellectual Property Rights Provisions came into effect on1 November 2001 to strengthen the protection of Olympic intellectual property and tosupport the development of Olympic Movement. The Provisions identify the rights of various Olympic intellectual rights owners like the IOC, COC (Chinese Olympic

: JK Schmitz, ‘Ambush Marketing: The Off-Field Competition at the OlympicGames’, Northwestern Journal of Technology and Intellectual Property, vol. 3, no.2, Spring 2005, pp. 203-208

Committee).The Provisions also identify acts which constitute infringement and anyacts assisting such infringement. In Kenny K.S.Wong’s paper

（

2002

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,he argues that“the Provisions seem to be based on the premise that all entities should safeguardOlympic-related intellectual property and they require advertisers, advertising agentsand publishers to verify any authorization to use Olympic-related intellectual property. ”The Regulations on the Protection of Olympic Symbols (Regulations) also came intoforce on 1 April, 2002.The Regulations strictly define rights for the Rights-holders,especially the names, emblems and symbols of 2008 Beijing Olympic Games. TheRegulations also set up the definition of commercial purposes which includes usingthe Olympic property in goods, service, advertising ,selling or manufacturing purposes.

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 Regulationsclearly 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 themediation fails to resolve the dispute, the case will be directed to the AdministrativeDepartment for Industry and Commerce or the rights holder can bring an action in thecourt. As a result, there may be injunctions, confiscation, destroying infringed products and relevant tools ordered by the court. Any party that use unauthorized use

The Regulations on Protection of Olympics Symbols, People’s Republic of China, art. 5 ,2005