The Beijing Olympic Intellectual Property Regulations: An Initial Step Toward Olympic IP Protection in China

By Steve Toronto & Chao Yijun, Morrison & Foerster

Beginning with the commercially successful Los Angeles summer Olympics in 1984, the licensing and use of Olympic marks, symbols, mascots, broadcast rights and other intellectual property (Olympic IP) have been critical to financing the Olympic Games.  Accordingly, in each jurisdiction where the Olympics have been held, local lawmakers have adopted rules, regulations and laws to ensure that special protection is given to Olympic IP.  In the United States, Olympic IP has been granted legal protection that extends well beyond that granted to other intellectual property.  It is no surprise that soon after Beijing was selected as host of the 2008 Summer Games, regulations were promulgated to provide special protection for the Olympic IP needed to help finance Beijing's "Great Olympics".  It should also be noted that protecting Olympic IP is not only in the interest of Beijing and China but also a contractual obligation under the host city contract with the International Olympic Committee (IOC), the China Olympic Committee (COC) and Beijing Municipality (the Host City Contract). 

The Beijing Regulations are intended to provide broad protection for all aspects of the use of Olympic IP in Beijing Municipality.  With the establishment of the Beijing Organizing Committee of the Olympic Games (the BOCOG) in December 2001 and acceleration of activities related to the 2008 Summer Games, it is expected that in the near future, national-level regulations will also be promulgated.  Because of the extensive reach of both Olympic IP generally and the Beijing Regulations particularly, parties involved directly or indirectly with the Beijing Olympics should become familiar with these and any further regulations.