Study On The Legislative Protection Of The Olympic Symbols And Research On The Amendment Of China's Regulations On The Protection Of Olympic Symbols

The Olympic Symbols are the main emblems of the Olympic Spirits,which have great international heft and contain extraordinary humanistic and commercial values,needing comprehensive legal protection.China held the 29^th Olympic Games successfully in 2008,and is going to host the 24^th Beijing Winter Olympic Games in 2022.As the number of times of the Olympic Games hosted by our country increases,it becomes more and more important to perfect the legislative protection of the Olympic Symbols.There are three reasons for our country to carry out specialized legislation for the Olympic Symbols.Firstly,the scope of the Olympic Symbols is very extensive,and the Olympic Symbols have the particularity which is different from similar marks,such as trademarks,special marks and works.Compared with the normal intellectual property rights,the Olympic Symbol rights have special characteristics which are the particularity of the subjects and the diversity of the objects.Secondly,the Olympic Charter stipulates explicitly that the related nations have to provide powerful legal protection.Meanwhile,our country makes solemn commitments in the Host City Contract,promising providing specialized legal protection for the Olympic Symbols.Thirdly,the legal tradition of our country comes close to the civil law countries'legal tradition,and statutory law is highly valued in our country.In light of the above,providing legislation for the Olympic Symbols is the inevitable choice for our country.By analyzing and comparing the legislation experience in protecting the Olympic Symbols of the related countries,we could draw the conclusion that part of the hosting countries choose to carry out specialized legislation to protect the Olympic Symbols.According to the common principle of the rule of law and concrete legal practice of our country,the Olympic Symbols should be protected in the form of law by implementing specialized legislation.While protecting the Olympic Symbols,we should stick to the principle of balance of interests.In order to uphold the procedure justice,the opposition procedure for the obligee should be introduced to the legislation concerned.In 2018,the amendment of Regulations on the Protection of Olympic Symbols broadens the scope of the application of the regulations,regulates the implicit marketing,sets a clear duration for the Olympic Symbol rights,conforms to the reform of the state organs as well as their functions,and strengthen the protection for the Paralympic Games.But there are still some deficiencies.The existing deficiencies are the low legal hierarchy,the easy acquisition of monopoly rights,the lack of appropriate opposition procedure,the shortage of the arbitration mechanism,and low legislative quality of some articles.The amendment of Regulations on the Protection of Olympic Symbols should uphold the three principles which are the principle of legal rights,the principle of balance of interests,and the principle of the opposition procedure.According to these three principles,if Regulations on the Protection of Olympic Symbols revises in the future,it should be upgraded to the form of law,and each word as well as article should be weighed carefully.