"Fuwa were under legal protection even before they were created," said Li Yanjun, Director of the Legal Affairs Department of the BOCOG. The development of the Fuwa is not one person's achievement but is based on the collective ideas of many experts and designers. "BOCOG tried to avoid third-party infringement during the process of designing the mascots by following the rigid provisions and regulations," he added.

"BOCOG has worked out a whole plan for the protection of Olympic IPR since it was established. The plan includes a special IPR protection scheme for the mascots and it involves such units as the BOCOG, the International Olympic Committee (IOC), foreign legal service providers and trademark agents," said Li.

Though poor imitations of Fuwa can be found from time to time, the IPR protection situation is better than expected for the IOC and the BOCOG, said Chen Feng, who is in charge of Olympic brand protection and contract management under the BOCOG.

This can be attributed to the close cooperation between the BOCOG and governments at all levels, said Li, adding, "We've established direct contacts with thousands of local industry and commerce bureaus so that they can give us feedback in time.

"The production and sale of Olympic products are strictly regulated. The authorized producing enterprises and shops are under close watch from the governments and BOCOG," he said.

Regulating symbols' use

"Also there's something that needs to be paid attention to concerning the protection of Olympic IPR: Public and commercial activities should be distinguished from each other. Otherwise it will affect the promotion and spread of the Olympic spirit, thus dampening the initiative of the public to devote themselves to the Olympic event," said Chen Jian, a researcher on the Olympic economy in Beijing.

"Companies are allowed to use the Olympic emblems and other symbols in public places only on the condition that they are used to advocate social responsibility and public participation. But the company logos or names can't be printed along with these promotional ads. Otherwise this will be considered a commercial ad," Li explained.

Li noted that the departments in charge of all types of industries may use the Olympic symbols only to project the image of a certain industry or the country.

"Companies that want to put out Internet ads relating to the Olympics can only go to sohu.com as it is the only Internet sponsor for the Beijing Olympic Games," said Chen of the BOCOG.

In the last two decades, marketing the Olympic symbols has become an important revenue source for the Olympic Games. Therefore, protecting Olympic IPR means protecting the Olympic market. Letting companies misuse Olympic signs to make money will cause a huge loss to the authorized Olympic sponsors as well as the organizer itself.

Chen said there is a "hidden" Olympic market, which will lead to easier Olympic IPR infringements.

According to Chen, aspects of the hidden market include: non-sponsors' trying to establish false connections with the Olympic Games; misusing Olympic symbols in violation of the existing regulations; or interfering in the legal market-development activities of the official sponsors. "We are endeavoring to tackle the hidden market problem to protect the legal rights of the official sponsors," said Chen.