Research On The Olympic Logo Infringement And The Legal Relief

The Olympic logo is an important symbol for the Olympic Games and even the entire Olympic movement.It manifests its daily increasing market value in the process of reform and development for Olympics and Olympic movement.During the previous 20 years' Olympic Games,all the market developing activities which focus on Olympic logo patent management becomes a main source of Olympics income .As a result ,for China ,as far as Olympic logo well-protected concerned, it is not only a demand for holding a historical splendid Olympic Games ,but also an important embodiment to entirely promote its legislative construction ,neaten and maintain its market ecnomic order after China joined WTO.This thesis which is mainly based on present Chinese laws and statures, discusses about the problems about Olympic logo's infringement and legal relief. In the thesis ,positivism analysis method is used and a wide range of knowledge which involves in law, physical education, demotics and other subjects is comprehensively used as well .The author tries his every effort to make full use of present laws and regulations with the purpose to furtherly improve the Olympic logo's relief mechanism.Firstly, this thesis limits the definitions for Olympic logo's infringement .Based on that ,it discusses the cognizance of its behaviour , unveils its manifestation and and analyzes the possible reasons for that.Secondly, it expatiates the nomological basis on Olympic logo's infringement relief and limits itsdefinition. Meanwhile this paper introduces related international legal treaty and general situation of Olympic logo's infringement relief in several countries .Thirdly,it illustrates the main law foundation ,modes and methods on Olympic logo's infringement relief. Synchronously it analyzes aspecial case of the Olympic five wreaths' symbol infringement After that ,it points out the related achievements and shortcomings in the main law foundation, modes and methods on Olympic logo's infringement relief. Problems existed are stated as the following : There is still much deficiency in the legislation aspect;we don't have a right cognizance and harmonious cooperation on the administrative legal execution;The cognizance on judicial infringement lasts too long and doesn't work efficiently;The present law system doesn't entirely walk into the track of international treaty and institution etc.Finally, according to the above problems, the author proposes some of his own suggestions on how to build and perfect China's legal relief system on Olympic logo infringement.