(Issued on December 11, 2008 in accordance with Decree No. 14 of the People’s Government of Guangzhou Municipality and amended on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Article 1     These Rules are formulated in accordance with relevant laws and regulations of the State and with a view to strengthening the protection of intellectual property rights (hereinafter referred to as the “IP Rights”) for the 16th Asian Games (hereinafter referred to as the “Asian Games”), protecting the legal rights and interests of the holders and related holders of Asian Games IP Rights and maintaining and promoting the sustainable and healthy development of Olympic Movement in Asia.

　　Article 2     These Rules are applicable to the management, protection and other activities related to Asian Games IP Rights within the administrative area of this Municipality.

　　Article 3     The term “Asian Games IP Rights” herein refers to the Asian Games related trademarks, special symbols, patents, trade secrets, works and other creations and other proprietary rights, to which the Olympic Committee of Asia (hereinafter referred to as the “OCA”) and the 16th Guangzhou Asian Games Organizing Committee (hereinafter referred to as the “GAGOC”) are entitled.

　　Article 4     The term “Asian Games related trademarks, special symbols, patents, trade secrets, works and other creations” herein includes:

　　(1) The title, emblem, flag, anthem, motto, etc. of the OCA;

　　(2) The name, bid logo, bid slogan, and other symbols of the 16th Asian Games Bid Committee;

　　(3) The title, emblem, domain name and other symbols of the GAGOC;

　　(4) The name, emblem, mascots, slogans, anthem, flag, torch, medals, commemorative badges and souvenirs, etc. of the 16th Asian Games;

　　(5) The art performances held, promotion videos shot, programs of opening and closing ceremonies designed, computer software developed and other works and promotional materials created, by the GAGOC or by any other party appointed by the GAGOC; and

　　(6) Other Asian Games-related IP right media.

　　The term “name” or “title” mentioned above includes the full name, shortened name, translated name and abbreviations.

　　Article 5     The term “holders of Asian Games IP Rights” herein refers to the OCA and the GAGOC.

　　The term “related holders of Asian Games IP Rights” herein refers to the licensees authorized by the OCA or by the GAGOC to use Asian Games IP Rights.

　　Article 6     The protection of Asian Games IP Rights shall comply with the principles of safeguarding the dignity of the Olympic Movement in Asia, preventing infringement of proprietary rights, as well as protecting and using such rights according to law.

　　No entity or individual may infringe upon any Asian Games IP Rights.

　　Article 7     The use of Asian Games IP Rights shall benefit the development of the Olympic Movement in Asia.

　　The Asian Games IP Rights under Item (1) of Article 4 herein may be used only after authorized by the OCA, unless otherwise provided by laws and regulations.

　　The Asian Games IP Rights under Items (2), (3), (4) and (5) of Article 4 herein may be used only after authorized by the GAGOC, unless otherwise provided by laws and regulations.

　　The Asian Games IP Rights under Item (6) of Article 4 herein may be used only after authorized by the OCA or the GAGOC, unless otherwise provided by laws and regulations.

　　Article 8     The GAGOC may take the following measures to protect the Asian Games IP Rights:

　　(1) Applying for trademark registration;

　　(2) Applying for registration of special symbols;

　　(3) Applying for a patent;

　　(4) Registration of copyrights;

　　(5) Adopting confidentiality measures for trade secrets;

　　(6) Applying for customs recordation of IP rights;

　　(7) Registration of domain name;

　　(8) Including IP Rights protection liability clauses in contracts concerning venue construction and equipment procurement;

　　(9) Other protective measures prescribed by laws, regulations and rules.

　　Article 9     No entity or individual may engage in such activities as fundraising, soliciting sponsorship, producing and publishing advertisements, and organizing publicity by embezzling or fraudulently in the name of the OCA and GAGOC.

　　Article 10   The following acts infringing upon the Asian Games IP Rights are prohibited:

　　(1) Unauthorized use of trademarks, special symbols, works and other creative achievements that are identical or similar to the Asian Games IP Rights in production, operation, advertising, publicity, performance, exhibition and other activities;

　　(2) Forging or manufacturing without authorization trademarks and special symbols identical or similar to the Asian Games IP Rights, or selling forged or unauthorized trademarks and special symbols that are identical or similar to the Asian Games IP Rights;

　　(3) Using in disguise of trademarks, special symbols, works and other creative achievements that are identical or similar to the Asian Games IP Rights;

　　(4) Unauthorized use of trademarks, special symbols, works and other creative achievements that are identical or similar to the Asian Games IP Rights in the names of enterprises, public institutions, social groups and firms, or in the names/titles of websites, domain names, place names, buildings, structures and venues;

　　(5) Unauthorized implementation of the Asian Games patent for the purpose of production and operation;

　　(6) Unauthorized indicating and marking the patent marks or patent numbers related to the Asian Games on products, product packaging, advertisements or other publicity materials;

　　(7) Deliberately providing such favorable conditions as venues, warehousing, transportation, mailing, concealment for any act involving the infringement upon Asian Games IP Rights;

　　(8) Other acts infringing upon the Asian Games IP Rights.

　　Article 11    Where the design, production, agency or release of advertisements involve the Asian Games IP Rights, the advertiser shall have or present valid supporting documents, and advertisement operators and publishers shall check and verify such valid supporting documents in accordance with relevant laws and regulations.

　　Article 12   The Guangzhou Municipal Intellectual Property Office is responsible for the overall planning and comprehensive coordination of the protection for the Asian Games IP Rights.

　　Illegal acts infringing upon the patent rights, trademark rights, exclusive rights of special symbols or trade secrets of the Asian Games as well as acts in violation of advertising laws, regulations or rules shall be subject to the investigation and punishments by the market regulation authorities at all levels according to law; illegal acts infringing upon the copyright of the Asian Games shall be subject to the investigation and punishments by the copyright authority according to law.

　　The intellectual property authorities specified in the preceding paragraph shall establish an information notification and liaison system with the GAGOC. The authorities in charge of culture, public security and urban management shall protect the Asian Games IP Rights ex officio.

　　A linkage mechanism shall be established among various authorities to effectively integrate such links as case notification, transfer and reception. For any case subject to the management of two or more authorities, the authority that first accepts the case or first discovers the illegal act shall be responsible for organizing the investigation and handling of the case.

　　Article 13   When the imported or exported goods are suspected of infringing upon the Asian Games IP Rights, the customs authority shall investigate and deal with them according to law.

　　Article 14   Any entity or individual, when aware of any act infringing upon the Asian Games IP Rights, may report it to the intellectual property authorities; if the reported content is found to be true, rewards shall be given.

　　Article 15   The intellectual property authorities, when investigating and handling an act infringing upon the Asian Games IP Rights, may exercise the following functions and powers in accordance with the provisions of relevant laws, regulations and rules:

　　(1) Questioning the parties, interested parties and witnesses;

　　(2) Conducting on-site inquisition or inspections by means of photography, video recording, and measurement, and registering and storing in advance any items related to the illegal act;

　　(3) Consulting and duplicating contracts, drawings, account books and other materials related to the case;

　　(4) Investigating other circumstances related to the case;

　　(5) Other functions and powers provided by laws, regulations and rules.

　　When investigating and handling an act infringing upon the trademark rights and patent rights of the Asian Games, the administration for market regulation may, in addition to exercising the functions and powers listed in the preceding paragraph, take a law-based approach to seal up or detain any items that are proved to have committed such infringement.

　　Article 16   For any illegal acts that infringe upon the Asian Games IP Rights, the intellectual property authorities may take the following measures in accordance with the relevant laws, regulations and rules:

　　(1) Ordering to stop the infringement and make corrections within a prescribed time limit to eliminate the impact;

　　(2) Confiscation of and destroying the alleged infringing products and the molds, printing plates and other tools directly used for the infringement act;

　　(3) Ordering the removal of illegal logos or marks on relevant items, or ordering and supervising the destruction of the items if the illegal logos or marks are difficult to separate from the items;

　　(4) Confiscation of illegal gains;

　　(5) Imposing a fine.

　　Article 17   Any disputes arising from infringement upon the Asian Games IP Rights shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the holders of Asian Games IP Rights or related holders may file a lawsuit with the people’s court, or request the intellectual property authorities for dispute resolution.

　　Article 18   Where any act of infringement of the Asian Games IP Rights constitutes a violation of relevant laws, regulations and rules, it shall be dealt with in accordance with the law by the intellectual property authorities. For any act of infringement of the Asian Games IP Rights in violation of these Rules, if there is no provisions on punishment provided by relevant laws, regulations and rules, a fine of not more than RMB 1,000 may be imposed on the legal persons or other organizations that do not engage in production and business operations; a fine of not more than RMB 10,000 (or not more than RMB 30,000 if there are illegal gains) may be imposed on the legal persons or other organizations that engage in production and business operations; a fine of not more than RMB 500 may be imposed on the responsible persons of the legal persons or other organizations.

　　Article 19   Where any staff member of the intellectual property authorities or other relevant State organs, in violation of the provisions of these Rules, fails to perform his/her duties required by law, the competent authority shall order him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　Article 20   These Rules shall come into force on January 11, 2009.