The Governance Notice Of Fasthand On The Illegal Use Of "Olympic" Related Information During The Paris Olympic Games
On July 30, the Fasthand Rules Center issued a governance announcement on the illegal use of "Olympic" related information during the Paris Olympic Games. According to the announcement, in accordance with the Regulations on the Protection of Olympic Symbols, the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Advertising Law of the People's Republic of China, the E-commerce Law of the People's Republic of China, the Law of the People's Republic of China against Unfair Competition and other relevant laws and administrative regulations, As well as the relevant provisions of the Special Action Plan for Intellectual Property Protection of the Olympic Symbols of the Beijing 2022 Winter Olympic Games and the Winter Paralympic Games, the Olympic Symbols shall not be used for commercial purposes without the authorization of the IOC, the Chinese Olympic Committee and other rights holders.
The platform prohibits unauthorized sales of Olympic commodities such as Olympic mascots and souvenirs, and unauthorized use of Olympic related logos and other intellectual property rights in marketing activities. In order to enhance the compliance awareness of all merchants/talents and create a good platform trading environment, the platform will carry out special governance on the use of "Olympic" related signs in marketing activities and the sale of Olympic licensed goods without authorization. The relevant prohibitions are specified as follows:
1、 Prohibited speech/behavior
The following situations are prohibited for platform merchants/talent players to appear in e-commerce live broadcast (including short videos) activities or on related goods (including business details, product packaging, etc.):
Defamate the Olympic Games by publicly insulting or fabricating facts or play jokes against public order and good customs;
Make statements including but not limited to racial, ethnic and gender discrimination, such as attacking foreign athletes;
Other insulting, slanderous and discriminatory remarks/behaviors against the Olympic Games (including the Olympic Games itself, the Olympic Games organizers, Olympic athletes, etc.).
2、 Commodity release/promotion specifications
1. Use specifications: if the Olympic logo is used in the process of commodity or promotion, the relevant authorization certification materials of the IOC, NOCs and other obligees shall be displayed on the commodity details page or in the live broadcast room;
2. Without permission, it is prohibited to sell Olympic licensed commodities, such as badges, commemorative coins, mascots (Frige, Bingdundun), etc;
3. Without authorization, it is prohibited to use the Olympic symbols, including but not limited to: the Olympic rings, the Olympic flag, the Olympic motto, the Olympic song, the Olympic emblem, mascots, torch shapes, slogans, and the Chinese and English names and abbreviations related to the Olympic Games such as "Olympic", "Olympic", "Olympic", etc;
4. It is prohibited to use the image or name of athletes without authorization. If athletes' endorsement is involved, a complete endorsement or cooperation contract shall be provided. It can only be publicized in the name of the athletes themselves, not involving the Olympic Games;
5. It is prohibited for platform merchants/talents to conduct the following behaviors in the live broadcast of e-commerce (including short videos) activities or on related goods (including business details, product packaging, etc.):
● Attract traffic and popularity for the live broadcast room through the way of Olympic Games commentary to achieve the purpose of live broadcast with goods;
● Use the popularity of the Olympic Games or related themes for marketing and hype to induce users to place orders, such as: the product information includes "Freire", "Bingdundun", "Olympic mascot" or variant words such as "Bingdundun" to promote, sell and present related products;
● Take advantage of Olympic related themes to carry out prize contests, low price marketing, etc., such as speculation/promotion of Olympic events;
● Other situations of marketing and hype using Olympic related themes.
6. Without permission, it is prohibited to use the image and name of the Olympic mascots to promote or sell them
● For example, the product information includes "Freire", "Bingdundun", "Olympic mascot" or variant words such as "Bingdundun" to promote, sell and present related products
● For example, production and sales of pirated mascots
[Examples of common violations]
(1) "Olympic Games", "Olympic Games" and other words in marketing activities, such as: Olympic countdown promotion;
(2) Add words such as "Olympic Games" and "Olympic Games" to the e-commerce live broadcast or commodity details page, such as: protein powder that Olympic athletes are drinking;
(3) In e-commerce live broadcast, set the score of the Olympic Games, and the price will be reduced by which side wins.
3、 Infringement of intellectual property rights
Without authorization, platform merchants/talents are prohibited from carrying out the following acts in e-commerce live broadcast (including short videos) activities or on related goods (including business details, product packaging, etc.):
Use the official Olympic information in e-commerce products, the background wall of the live broadcast room, the live broadcast cover, and the items used in the live broadcast
4、 Violation handling
In case of any of the above violations, the platform will deal with the following violations in accordance with the relevant provisions of the Management Specification for Fast Handed Community and the Management Specification for Fast Handed Live Broadcast:
In addition to the above measures for handling violations, the express e-commerce will take measures such as removing relevant goods from the shelves, deleting/blocking the chain connection of illegal goods, suspending the use of shopping cart functions, and closing orders in accordance with the rules of express stores such as the General Rules of the Express Shop Rules, the Management Rules for the Violations of Express Shop Merchants, and the Management Rules for the Violations of Express Shop Talents.
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