Administrative Measures on the Use of World Exposition Symbols
Issued by the Bureau of Shanghai World Expo Coordination
On April 26, 2005

Article 1 Purpose and Authority

These Measures are formulated by the Bureau of Shanghai World Expo Coordination (hereinafter referred to as the "Expo Bureau") in accordance with the Regulations on the Protection of the World Exposition Symbols (hereinafter referred to as the "Regulations") and provisions of other applicable laws and regulations for the purposes of regulating the use and strengthening the administration of the World Exposition symbols (hereinafter referred to as the "Expo Symbols"), and safeguarding the legitimate rights and interests of the right-holders of the Expo Symbols.

Article 2 Definition of Expo Symbols

For the purposes of these Measures, the Expo Symbols refer to:

(1) The name (including the full name, short name, translated name and abbreviations, hereinafter the same), emblem, or other symbols of the bidding organization of the World Exposition Shanghai China 2010;

(2) The name, emblem or other symbols of the Organizer of the World Exposition Shanghai China 2010;

(3) The name, emblem, flag, mascot, anthem, thematic term, and slogan of the World Exposition Shanghai China 2010;

(4) The flag of the International Exhibitions Bureau.

Article 3 Status and Principles of Use of Expo Symbols

The Expo Symbols represent the image of the World Exposition Shanghai China 2010 (hereinafter referred to as "Expo 2010"). All individuals or organizations shall value and respect the Expo Symbols, and use them in compliance with the provisions specified in these Measures.

The Expo Symbols shall be used in a proper way to protect the image of Expo 2010. Details of the Expo Symbols open for application of use by the public are provided in the List of the World Exposition Symbols Available for Use by the Public (Annex I) and the rules specified by the Expo Bureau shall be complied with in any use of the Expo Symbols.

Article 4 Administration Principle

The Expo Bureau shall administer the Expo Symbols by law under a principle of openness, fairness and impartiality to maximize the positive roles of the Expo Symbols through the promotion of their regulated use.

Article 5 Scope of Applicability

For the purposes of these Measures, "use of the Expo Symbols" includes use of the Expo Symbols for commercial purposes and for non-commercial purposes.

Where no authorization of the right-holder is required for the use as specified in the Copyright Law of the People's Republic of China and other applicable laws and regulations, these Measures shall not be applicable.

Article 6 Definition of Use for Commercial Purposes

For the purposes of these Measures, "use for commercial purposes" means the use of the Expo Symbols for profit-making purposes in the following ways:

(1) The use of the Expo Symbols in goods, packaging or containers of goods or trading instruments of goods;
(2) The use of the Expo Symbols in the service industry;
(3) The use of the Expo Symbols in advertising and publicizing, commercial exhibitions, profit-making performances and other commercial activities;
(4) Selling, importing or exporting goods bearing the Expo Symbols;
(5) Manufacturing or selling the Expo Symbols;
(6) Using the Expo Symbols in a business name to apply for the registration of an enterprise name, which might mislead or confuse the market;
(7) Other acts of using the Expo Symbols that might mislead people to infer license relationships between the doer of the act and the right-holders of the Expo Symbols.

For the purposes of these Measures, "use for commercial purposes" includes use of the Expo Symbols for potential commercial purposes.

Article 7 Definition of Use for Non-Commercial Purposes

The social public use of the Expo Symbols for purposes not included in Article 6 of these Measures is defined as use for non-commercial purposes.

Article 8 Responsible Department

An Administrative Office for the Expo Symbols (hereinafter referred to as the "Administrative Office") set up by the Expo Bureau shall be responsible for processing applications for use, examining infringement reports, and managing other matters related to the Expo Symbols.
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Article 9 Application Documents

Any individual or organization shall apply in writing to the Administrative Office for using the Expo Symbols and the application documents shall include:

(I) A completed "Application Form for Use of the Expo Symbols" (Annex II; hereinafter referred to as the "Application Form") with an official signature or stamp of the applicant;
(II) A copy of personal ID or Qualification Certificate of the applicant;
(III) Other documents required by the Expo Bureau.

Article 10 Requirements for Filling out the "Proposal for Use"

The applicant shall fill out the "Proposal for Use" column in the Application Form by specifically indicating the background information for the application, purposes and methods of using the Expo Symbols, and the use of proceeds (if any). In case that the applicant shall concurrently use other symbols in relation to the application, a description is required in the "Proposal for Use."

Article 11 Submission of Application

Any application shall be submitted in writing to the Administrative Office, of which the contact information is listed in Annex III.

In case that the Administrative Office finds the submitted application documents incomplete or requires additional documents, it shall notify the applicant to complete the submission within a limited period of time.

The Administrative Office shall be responsible for answering relevant questions in relation to the application procedures.

Article 12 Record of Application

The Administrative Office shall make a record of the eligible application documents in a numbering order and then forward them according to the applicant's "Proposal for Use" to relevant departments under the Expo Bureau for appropriate process, while sending to the applicant a notice of acceptance.

Article 13 Response to Application

The Administrative Office shall respond within seven (7) working days following the delivery of the notice of acceptance (as of the mailing date in case of delivery by regular mail) to the applicant according to the results of review given by a respective processing department. The response may contain any of the following results:

(I) The application is preliminarily accepted;
(II) The application is rejected for reasons as specified;
(III) The applicant is required to submit additional documents.

Where the response is made impossible or difficult due to the provision of untrue, unclear or inadequate information by the applicant in the application documents, the response deadline specified in this Article shall not be applicable.

Article 14 Follow-Up Process of Application

Where the application is preliminarily accepted, the Expo Bureau department concerned shall further communicate with the applicant with regards to specific planning of the use.

Where the applicant is required to submit additional documents, the Expo Bureau department concerned shall continue to process the application upon receiving from the applicant the required documents and further communicate with the applicant depending on the actual circumstances. Such communication shall not be subject to the response deadline specified in Article 13.

Article 15 Infringement Report

Any individual or organization may report to the Administrative Office by using the contact information listed in Annex III against any infringing use of the Expo Symbols.

Article 16 Protection of Rights

In case of any infringement upon the exclusive rights of the Expo Symbols, the Expo Bureau shall take legal actions in accordance with the Regulations and provisions of other applicable laws and regulations against the infringer for legal liabilities.

Article 17 Interpretation

The Expo Bureau shall be responsible for the interpretation of these Measures.

Article 18 Execution

These Measures shall enter into force as of the date of their promulgation.