If China is to benefit from the commercial opportunities of Beijing 2008, it has to show the world that it’s serious in its efforts to combat counterfeiting. New laws especially created for the Olympics – and the enforcement successes accompanying them – bode good news for IPR protection during the Games – and beyond.

What happens when the world’s biggest opportunity for merchandising revenue meets the world’s counterfeiting capital?

This coming August, China gets the chance to either showcase its capability to protect the Olympic brand and its intellectual property (and benefit from the commercial aspects of the games) – or court disaster and prove the suspicion that it cannot handle the country’s widespread counterfeiting problem. According to Annie Tsoi in her article on deacons.com, China is not taking any chances and has bolstered its existing Trademark, Copyright and Patent Laws with new special laws to protect the intellectual property rights in the Olympic sign and symbols. These regulations were enacted to:

• Provide a broad scope of protection to symbols. Implemented since July 1996, the Regulations on Administration of Special Symbols protect names, abbreviations, emblems, mascots, and other symbols belonging to national and international public organizations. For such marks to be recognized as "special symbols," the owners must apply for their recognition by the State Administration for Industry and Commerce (SAIC).
• Provide an overall framework for protecting Beijing Olympics-related IP rights. Coming into force in November 2001, the Regulations of Beijing Municipality on Protection of Olympic Intellectual Property prohibits the use of a name identical or similar to the Olympic symbols by corporations, social groups, websites, business entities, or as building, geographical area and venue names. Under the Regulations, Olympic IPRs cannot also be used in any advertising or promotional activities, including charity and non-profit events – and the reporting of suspected or actual infringing activities relating to the Olympic Symbols is encouraged. Furthermore, any use of the Olympic rings, flags, mottos and songs as well as the name of the Olympic Games – even if it’s for noncommercial reasons – is only permitted with prior consent of the IOC.
• Regulate the use of Olympic symbols for commercial purposes. The State Council-issued Regulations on the Protection of Olympic Symbols define the term "Olympic Symbols,” clarify that anyone who wants to use these symbols for commercial reasons must obtain specific authorization, and demand that the Chinese Trademark Office record any licensee with the right to use any of the Olympic symbols under the Procedures for Record Filing and Administration of Olympic Symbols. The Regulations also prohibit the distortion or manipulation of an Olympic Symbol and making the emblem part of other incorporated logos. They also create the Administration for Industry and Commerce (AIC), which is responsible for the protection of the Olympic Symbols and has enforcement rights similar to those conferred under the existing laws protecting IPRs in China, including the rights to investigate, confiscate and destroy infringing goods, impose fines and more.
• Eliminate ambush marketing. This practice refers to firms who associate themselves with a particular event without paying license fees. To combat such IP infringement, the BOCOG (Beijing Organizing Committee of the Olympic Games) has created the Brand Protection Department. Result? A Beijing restaurant was recently fined and ordered to remove messages from napkins wishing the Olympics good luck (unauthorized use of a copyright work). Two companies in the Xi'ao Center office complex (official partners of the Olympic Games) – who wanted to attract more clients to lease office space by putting up a banner saying "The Choice of Olympic Organizing Committee Partners" – were fined and ordered to remove the banner.

Figures show an increase in Olympics-related investigations, in enforcement successes, in transparency of BOCOG actions that encourage consumers to report counterfeiting activities, and in vigilance by Chinese customs whose seizures have uncovered counterfeit Olympic clothing, cigarettes and other items.

So the efforts are showing results and engendering hope for stronger IPR protection in China – during and after the Olympics.