| （1.WTO and Legal System Research Center，Zhejiang University of Industry and Commerce，Hangzhou 310035，China；2.Law College，Fudan University，Shanghai 200433，China） Abstract: In China both civil and administrative protection modes are applicable to the Olympic logo. There are significant differences between civil protection and administrative protection in terms of the attitude towards intel-lectual property of the Olympic logo, the way to initiate protection, the actual benefit gained by the patent owner, and the protection process. In terms of the trend of development of these two protection modes, overall administra-tive protection are constantly strengthened, the Olympic patent owner tends more toward using administrative pro-tection than toward using civil judicial protection, and when the administrative protection system was established in the patent law of China its status and functions were clearly specified. From the perspective of the trend of devel-opment of international intellectual property protection, administrative protection should be replaced with the more perfected form of civil and judicial protection after it has completed its historical mission.
Key words: intellectual property；Olympic logo；civil protection；administrative protection |
