| The Olympic Games is the world sports event.It’s not only involved in sports,but also related to economy,culture and law.Faced with the huge business opportunity of the Olympics,many merchants try to grasp it.However,if using in the improper way,tort also arises,one of the most typical is the infringement of intellectual property rights of Olympic logo.Since 2002,there have been 199 cases due to Olympic logo infringement.Breach of intellectual property rights of the Olympic logo,not only include the direct infringement of exclusive marketing rights of Olympic logo,but also includes exclusive ownership rights in the underlying marketing way.It has become a problem to solve as to how to protect the legal rights of Olympic intellectual property rights holders,maintain the dignity of Olympic Games and keep the pure sprite of Olympic.This problem does not exist from the beginning.In the early stage of Olympic Games,there was not a fix logo of Olympic,therefore,there wasn’t a problem of protecting Olympic logo.Since Samaranch took over as president in 1980,a series of reforms were done to open up its economical development model,and the Olympic Programme was established.After that,the protection of Olympic logo has been on the agenda.The issue of the Olympic Insignia Protection Regulations also indicated the legal protection of Olympic logo.There are 15 provisions in the Regulation,which was issued on February 4,2002.This paper analyzes the nature of Olympic intellectual property rights and current situation of protection in China.It points out the limitation of legal protection of Olympic intellectual property as follows:lack of special laws,disharmony ofspecial law,international law and common law.the conflicts of legal basis,inadequate control of waste of governmental and judicial resources.Therefore,through the studying of the above topic,the author put forwards measures and suggestions to modify and improve the Olympic Insignia Protection Regulations. |
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