Using bing Dwen Dwen as a meme?Illegal!

2022-05-02 0 By

Source: Media Roll
Who is Chen Heqiu at the top of this spring?Bing Dwen Dwen is the mascot of the Beijing Winter Olympic Games. In the afternoon of February 5th, bing Dwen dwen was out of stock, which led to the “one dwen is hard to find”. The weibo topic “Will homemade ice Dwen Dwen be infringed?China has issued the Regulations on the Protection of The Olympic Symbols, providing a strong guarantee for the smooth holding of the 2008 Beijing Olympic and Paralympic Games and various rights and interests.On July 31, 2018, the newly revised Regulations on the Protection of Olympic Symbols came into effect.On the same day, the Beijing Winter Olympics Organizing Committee (BOCOG) submitted the first batch of registration applications for the Olympic and Paralympic emblems to the Trademark Office of the State Intellectual Property Office.It is understood that the Beijing Winter Olympics organizing committee submitted 14 Olympic symbols and four Paralympic symbols.According to the newly revised Regulations on the Protection of The Olympic Marks, the right holder of the Olympic marks shall submit the Olympic marks to the intellectual property authority under The State Council for public announcement.The protection of the relevant symbols of the Paralympic Games shall be carried out with reference to the Regulations.After submitting the logo announcement, boCOG will actively exercise the rights of the logo owner, fully develop and use the brand value of the relevant logo, at the same time, to find all kinds of infringement of the exclusive rights of the logo and unfair competition, will resolutely use legal weapons to defend their rights and interests.In fact, there are two rules for disseminating and releasing information about Olympic mascots:First, it cannot be used for the purpose of commercial profit. Second, it cannot be spoofs or uglifying. Second, if the image of Bing Dwen dwen and Xue Rong Rong is made into a pattern similar to emoticons without authorization, it is also an infringement even if it does not involve chargesIn fact, all previous Olympic Committees welcome people to spread information about the Olympic Games, including mascots, as long as they do not make fun of or deface the Olympic Games. Such dissemination does not constitute infringementSo, the question is if it’s illegal to voice Bing Dwen dwen in a homemade video?Recently, bing Dwen Dwen opened his mouth in a program, which became the focus of attention. Many netizens expressed their disillusionment. The official account of the Winter Olympics quickly denied:This is a fake Bing Dwen Dwen. According to the RULES of the International Olympic Committee, mascots are not allowed to be identified by gender if they make a sound. Therefore, the Beijing Winter Olympics Organizing Committee signed an agreement with the producers that “Bing Dwen Dwen and Xue Rong Rong should not speak and should be gender-neutral”.If the image of Ice Dun dun and snow Rhon Rong rong appears in the production of the Winter Olympics promotional video or film video related to the Winter Olympics, it is generally silent. From the legal point of view, it is equivalent to turning the rules of the INTERNATIONAL Olympic Committee into the binding terms of the contract. Therefore,Q2: It is not illegal to post a video on weibo whether out of personal interests or sharing the image of Bing Dwen dwen is not a commercial behavior. Although the traffic brought by this video helps the blogger to obtain advertising, it does not belong to the direct use of the image of Bing Dwen dwen for profitIndirect use is not illegal Q3 the answer is that consumers do not need to bear legal responsibility for the illegal business, but the business without the consent of the Beijing Winter Olympics Organizing Committee to make “Bing Dwen Dwen” image cake and sell it is a profitable behavior,Pang Jiulin, a lawyer and partner of Beijing Chunlin Law Firm, was specially thanked for providing legal advice on the infringement from Beijing Daily, Justice.cn and the official website of the State Intellectual Property Office