The Theory Of The Legal Protection Of Olympic Logos In China

The rights of the Olympic logos is the rights of the Olympic logo's owners, is one of the Olympic intellectual property rights. The main bodies of the Olympic logos rights include, International Olympic Committee, National Olympic Committee and the Olympic Games Organizing Committee. There is a wide range of its object. The Olympic logos rights include the exclusive right to use the Olympic logo, the right to use license and the right to prohibit. Olympic logos are the symbol of the Olympic sports; Olympic logos were created by the outcome of intellectual, reflect the human values of the Olympic sports, and contain huge commercial value. So, enterprises want to through the use of the Olympic logos to increase their visibility, and to create more business opportunities. But the abuse of the Olympic logos would undermine their value. So the Olympic logos are needed to be protected by law.Because there are basically the same characteristics between the Olympic logos rights and intellectual property rights, it has the attribute of the intellectual property rights. Its protection can be achieved by the protection of intellectual property. But there are some differences between the Olympic logos rights and the traditional intellectual property rights. There are some shortcomings and defects of the protection to the Olympic logos rights by the existing intellectual property protection models. So we should clear the natural of the Olympic logos rights, and then come to new independent rights: the Olympic logo rights. And to give it more special protections than any other intellectual property rights protections.The forms of infringement of the Olympic logos rights include the direct infringement, the recessive market behaviors and the infringement of the Olympic domain names. "Regulations on the Protection of the Olympic logos" is the most important legal basis of the protection to the Olympic logos in our country. There is a clear regulation of the direct infringement in "Regulations on the Protection of the Olympic logo", but it is lack of the regulations of the recessive market behaviors and the infringement of the Olympic domain name, which have Great harms to the market. And the legislative level of "Regulations on the Protection of the Olympic logos" is on the low level, and the standard of the definition on the infringement to the Olympic logos rights is not clear. In response to the legal basis we should modify "Regulations on the Protection of the Olympic logos", improve its legislative level, draw on the useful experiences, add and improve the existing legal provisions.