BEIJING At one of this city's most
popular souvenir markets, panda figurines with a certain five-ring
logo emblazoned across their furry white chests kick soccer
balls and swing tennis rackets.
Inside the Temple of Heaven, one of the
Chinese capital's key tourist attractions, vendors sell unlicensed
Olympic hats for as little as 70 cents each.
Even in regions far from where the 2008
Olympics will be staged, entrepreneurs have slapped Olympic
symbols on anything that sells. At one produce stand in central
China's Henan Province, five potatoes were deliberately laid
out in the Olympic formation three in the top row, two
centered on the bottom. When one was sold, another was put in
its place.
Less than 6 months after the International
Olympic Committee voted to give China the hosting duties for
the 2008 Summer Games, the nation's merchants are hard at work
violating the copyright of anything even remotely related
to it.
But it's just a symptom of one of China's
biggest challenges leading up to its most prestigious international
moment: Can a nation where piracy and copyright infringements
are rampant protect the trademarks of the IOC and the sponsors
who will pay millions to be associated with the 2008 Olympics?
"Beijing will not want to make fools
of themselves. They will want to get this right," says
Rob Deans, an attorney who handles sports-related copyright
cases for the Hong Kong-based firm Bird & Bird.
To get it right requires altering the
nation's collective conscience on intellectual property rights,
an enormous task because local authorities often protect and
defend copyright violators as entrepreneurs who are providing
precious jobs for local people.
"In China, this is a very difficult
job," admits Gong Xiao Jie, an official with the Beijing
Olympic Bidding Committee who is working on the marketing plan
for the 2008 games. "I think this situation will get better
because the economy of China now is growing bigger and bigger
and becoming more modern. And this country does not want to
offend the IOC."
IOC officials say they are confident China
can get its act together in time for the Olympics. IOC marketing
director Michael Payne points to new laws put in place in the
past month to beef up trademark restrictions and enforcement,
including one by the Beijing municipal government protecting
terms such as "Olympics," "Olympiad" and
"Beijing 2008."
Beijing also promised to give the IOC
control over outdoor advertising in the city for the 2 months
surrounding the games and TV advertising on state-owned China
Central Television for 3 weeks.
But the city itself has misused Olympic
symbols, too. Even before the IOC's mid-July decision to pick
Beijing, the city planted hundreds of trees along major thoroughfares
and covered their roots with metal gratings engraved with the
five-ring logo.
Payne shrugs off such incidents, insisting
that the IOC wouldn't object to using its symbol in conjunction
with efforts to beautify the city anyway. And he noted that
most of the Beijing Olympic imagery now in use involves the
city's official bid logo. The official host-city logo won't
be picked at least until next year.
"I am well aware of the recent track
record of trademark protection issues in China, but I'm also
very encouraged by discussions so far about what needs to be
done," says Payne, who met with Gong and others in October
to discuss trademark protection. "There are high expectations
and hopes that the Olympics will be an important catalyst for
China's trademark protection, just as it was in Korea."
Indeed, Payne and others frequently draw
comparisons between today's China and the South Korea of the
early 1980s, when the IOC picked Seoul to host the 1988 games.
Both were developing nations weak on intellectual property rights
protections but motivated to shape up. Payne says he was able
to go into South Korea in 1983 and "literally write the
trademark laws for that country."
That analogy makes IOC executive board
member Un Yong Kim cringe. Kim, president of the Korean Olympic
Committee and a key player in the 1988 games, says the similarities
are limited because South Korea was farther along on intellectual
property rights protections when selected.
"Korea was already far more integrated
into the world economy, far more involved," Kim says. "The
Olympics were the most important event for Seoul, as it will
be for China, but I don't think you can compare a country of
20 years ago to a country of now."
Still, Westerners who own businesses in
China are anxious to see if the country can progress as well.
Many are encouraged by early signs, including the enactment
this month of laws to provide more efficient ways to prosecute
those who make and sell counterfeit products.
"It's almost a different country
now than it was 6 years ago, and I think it will be a different
country when the Olympics come," says Emory Williams, an
American Chamber of Commerce in China board member. He says
the Olympics, for which the government pays the bill and will
want a return on investment, may make enforcement a priority.
Some observers think the Olympics will serve as proof of whether
China meets the intellectual property protections that had to
be in place before it joined the World Trade Organization this
year.
"I see more laws being put into place
for the Olympics and the WTO," Deans says. "Beijing
will get there. If I were a sponsor, I would consider intellectual
property rights an issue, but I wouldn't look at the situation
now. I'd look at what it will be like by 2008."