China to revise regulation for better Olympic symbol protection

The Chinese government is seeking public consultation on a draft revision to the regulation protecting rights to the Olympic symbol.

The Legislative Affairs Office of the State Council (LAOSC) published the draft on its website Monday.

The office said in a statement that a revision to the current regulation, which took effect in 2002, was necessary for China to prepare for the Beijing 2022 Winter Olympic Games, deliver its promises, develop the sports sector and promote the Olympics.

The statement said such a revision would also serve as a legal foundation for the country to hold more Olympic-related games in the future.

It said that the draft had taken reference from the trademark law and relevant by-laws, and included revisions on administrative punishments, actionable infringements, damages, punitive compensation and statutory damages.

The statement said that although the current regulation banned unauthorized use of Olympic symbols for commercial or potentially commercial purposes, a lack of clear definition on"potentially commercial purposes" had caused legal uncertainty.

The draft revision makes it clear that violations may include misleading acts, such as extending congratulations, holding celebrations, conducting countdowns and publishing competition results or medal tallies, that may cause others to mistakenly believe relevant parties were sponsors or Olympic symbol rights holders.

The public is invited to give comments on the draft through the LAOSC website before Sept 28.