“鸟巢”维权的法律问题分析

Analysis of legal issues about "Bird Nest" right protection

对北京奥运会主会场"鸟巢"的形象被企业盗用的法律问题进行了研究。指出"鸟巢"维权难是一个具有代表性的个案,"鸟巢"维权难的根本原因并非是缺乏维权的法律依据,而是缺乏迅速查处盗用"鸟巢"形象之行为的机制。据此,提出了保护大型盛会主会场的权益有必要借鉴肖像权保护的法理完善的相关行政法规,为工商管理等部门行政执法提供依据,并充分发挥新闻媒体的舆论监督作用的建议。

The studied legal issues about the image of ＂Bird Nest＂, the main venue of Beijing Olympic Games, being used by enterprises in an unauthorized way, and pointed out that the difficulty of ＂Bird Nest＂ right protection is a typical case, essentially caused by the lack of a mechanism that can quickly ban behaviors of unauthorized use of the ＂Bird Nest＂ image, but not by the lack of legal criteria for right protection. Therefore, the authors put forward the following suggestions： it is necessary to refer to portrait right protection laws to perfect related administrative regulations in order to protect rights of the main venue of large gatherings; industrial and commercial departments should be provided with criteria for administrative execution; protective functions of public opinions of news media should be fully exerted.