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Zhang Chunxiao newspaper intern reporter Wang Yijun
"China Financial and Economic Publishing House (hereinafter referred to as the" Financial Press ") on the eve of the Olympics last year in its homepage play 'Olympic refueling, China refueling' words, belonging to a normal expression of patriotic fervor, is difficult to identify with potential commercial purposes industrial and commercial administrative organs of this administrative punishment, is to understand and error of law, improper exercise of discretion. "Recently, Professor of Procedural Law Research Institute of China University of Political Science Yang Rong new, Chinese Academy of Social Sciences researcher Mo Jihong Law, Renmin University of China Law Professor Yang Jianshun, executive vice president of the China Law Society Law Research Zhan music and other scholars jointly by a submission, the submission was April 22 to submit to the Beijing First Intermediate People's Court.
The submission of the case for the "Finance Press v Beijing Industry and Commerce Administration administrative penalty dispute," December 16 last year, the Beijing Haidian District People's Court of Finance Press lost, then appealed to the Beijing Finance Press Municipal First Intermediate People's Court.
Finance Press agent, Li Xuan lawyer told this reporter,Louboutin Pas cher, said last August 7, Finance Press on its website home page hit the "Olympic refueling, China refueling," the words,http://xsyz.aliapp.com/read.php?tid=89195&ds=1, they did not expect that,http://youknow.room.ne.jp/~youknow/limelight/kobato/202/custombbs.cgi/NckeXdUEmmYKcvA/, 8 May 19,Louboutin à Bout Ouvert, the Beijing Municipal Administration for Industry and Haidian Branch (hereinafter referred to as the Haidian Branch) to inform them that the unauthorized use of the Olympic flag, suspected of violating "Regulations on the Protection of Olympic Symbols."
Although the Finance Press repeatedly explained that they use "Olympic refueling, China refueling", the just for the upcoming Olympic Games, expressing good wishes for the Olympics, received the same day informed that eight words taken down, but soon after They received a Haidian Branch to "administrative penalty notice" to the Finance Press Olympic logo infringement grounds, and ordered to immediately stop the infringement publishers, to be fined 10,000 yuan.
The book told that Haidian Branch made the decision based on the "Regulations on the Protection of Olympic Symbols" regulations Olympic logo right holders exclusive rights to the Olympic symbol,http://www.gytravels.com/forum.php?mod=viewthread&tid=41809, the Olympic flag without the permission of the rights of any person shall for commercial purposes (including potential commercial purposes) to use the Olympic logo, the Olympic, Olympia, Olympic Games and other proprietary names and referred to belong to the category of the Olympic flag.
"Punishment results so publishers feel very aggrieved, use the 'Olympic' word can not, in fact, did not bring any profit to the publisher, but in the whole country to celebrate the Olympic Games in the process an expression of the will of blessing, no Any commercial purposes or potential commercial purposes. "Li Xuan said that due to the fact-finding issues of uncompromising, Haidian Branch of Finance Press request for punishment possible outcomes hearing," but Haidian Branch made a direct punishment. " Thus, financial publishers sued Beijing Haidian District People's Court.
Our reporter on the day of Finance Press homepage to see,http://i2345.net/forum.php?mod=viewthread&tid=349886, "Olympic refueling,http://bbs.cndeaf.com/read.php?tid-402707.html, China refueling" eight characters in the form of bar hanging in the middle of the main directory, there are "community celebration theme" on the home page, "the organization agency "," dynamic websites "," e-books "," online bookstore "," media reports "," READ "and other columns, both official publisher information, the basic situation, publishers participate in various social welfare activities information, there are books catalog pricing and other information.
Newspaper reporters who attend the People's Court hearing the case in the Haidian District, Beijing, Haidian Branch respondent said that although the Finance Press in check by them, have not yet obtained the illegal gains, but the site is not only the "Olympic refueling, China Go" words,Louboutin Escarpins,http://www.tjhqzs.cn/bbs/viewthread.php?tid=1147361&extra=, as well as business name, business projects, products and other information, the use of the Olympic logo has potential for commercial purposes in violation of the provisions of "Regulations on the Protection of Olympic Symbols", belonging to the illegal infringement of Olympic symbols.
Meanwhile, the Haidian Branch believes, based on "Beijing Administrative Hearing Procedure Implementation Measures" "Beijing Administration for Industry and Commerce Administrative Hearing procedural requirements" and the relevant provisions: for legal persons or other organizations impose a fine of more than $ 30,000, the parties request a hearing and hearing, for a fine of $ 10,http://app575253.meblog.biz,000 Finance Press, without a hearing, and have heard the statement of Finance and Economics Press, the defense made, the program is not illegal.
Beijing Haidian District People's Court of First Instance ruled in favor of the Haidian Branch of the penalty decision that during the Beijing Olympics, Finance Press on its homepage with content from unauthorized commercial use "Olympic" words,Louboutin Plates-forme,http://www.hcrlt.com/home.php?mod=space&uid=15802&do=blog&quickforward=1&id=4834126, are violations , fines Haidian Branch of Finance Press made $ 10,000, not be subject to the hearing process.
Recently this reporter to call Haidian Branch attorney, she is still the case in the second trial process,Louboutin Talon Compensé, declined an interview. |
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發表於 2015-4-25 23:00:08
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