摘要:奥林匹克运动会特许经营是以知识产权运用为核心的特殊经营模式,较传统特许经营呈现出个性化发展.根据《奥林匹克运动会主办城市合同》等法律文件,现代奥林匹克运动会特许商品知识产权在权力主体、保护期限、保护途径及救济方式等方面极为特殊.其一,权力主体体现为权力归属的特定性与多元性,国际奥委会、国家奥委会、奥组委为特定主体,并不排除社会组织或个人;其二,权力保护期限存在永久性、长期性、短期性三种保护期限;其三,权力运用模式,较OEM等模式,商标许可方式与商标转让程序极为特殊;其四,由不同主体同时对相同知识产权实行不同地域的保护,即由国际奥委会实行知识产权国际保护,奥组委同时在主办国实行知识产权国内保护,这种保护模式导致国际与国内不同纠纷救济方式的特殊性.
Abstract:Comparing with traditional franchising, the one adopted by Olympic Games(OG)is a very special management model, whose core business is the use of intellectual property(IPR), and has been developed distinguishingly. According to “Olympic Games Host City Contract”and other legal documents,IPR of licensed merchandises of OG must be given particular attention, especially to their subject of right, duration of protection, protection means and remedies. Firstly,the IPR of licensed merchandises of OG usually only belong to the International Olympic Committee, National Olympic Committee, and Organizing Committee of Olympic Games. In addtion, sometimes social organizations and(or)individuals also own some parts of their IPR;Secondly,IPR of licensed merchandises of OG may be protected in three kinds of duration of protection, which are permanent,long-term, or short-term; Thirdly, it’s clearly different between the trademark licensing of licensed merchandises of OG and that of the OEM model, while at the same time the trademark transfer program is also very special. Finally, and interestingly, different subjects of right simultaneously protect the same IPR of licensed merchandises of OG in the different regions,which means that International Olympic Committee protect the IPR worldwide,while National Olympic Committee or Organizing Committee of Olympic Games protect its’IPR only in the host country. Consequently, between domestic and international region, the various IPR disputes must be handled by different subjects of right with different means.
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