London Olympics Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

London Olympics Bill

London Olympics Bill
Schedule 2 — Olympic Symbol Protection
32

superannuation schemes may extend) in the list of other bodies insert at the
appropriate place—

“The Olympic Delivery Authority.”
Other payments
30
The Authority may make payments in respect of expenditure (which may
5
include expenditure of a capital nature) by—
(a)
the Authority, or
(b)
a person to whom it delegates functions under paragraph 16 or 17.
Investment
31
The Authority may deposit money in an interest-bearing account (but may
10
not otherwise invest).
Accounts
32    (1)
The Authority shall—
(a)
keep proper accounting records, and
(b)
prepare a statement of accounts in respect of each financial year.
15
      (2)
The Authority shall send a copy of a statement under sub-paragraph (1)(b)—
(a)
to the Secretary of State, and
(b)
to the Comptroller and Auditor General.
      (3)
A copy of a statement must be sent under sub-paragraph (2) within such
period, beginning with the end of the financial year to which the statement
20
relates, as the Secretary of State may, with the consent of the Treasury, direct.
      (4)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on a statement received under this
paragraph, and
(b)
lay a copy of the statement and his report before Parliament.
25
Financial year
33    (1)
The financial year of the Authority shall be the period of 12 months ending
with the 31st March.
      (2)
But the first financial year of the Authority shall be the period—
(a)
beginning with the coming into force of section 3, and
30
(b)
ending with the following 31st March.
Schedule 2
Section 30

Olympic Symbol Protection
Introduction
1
The Olympic Symbol etc. (Protection) Act 1995 (c. 32) shall be amended as
35
follows.

London Olympics Bill
Schedule 2 — Olympic Symbol Protection
33

Olympics association right: proprietor
2
After section 1(2) (proprietor of Olympics association right) insert—
“(2A)
An order under subsection (2) above—
(a)
may appoint more than one person;
(b)
may make different appointments for different purposes;
5
(c)
may make provision for joint or concurrent exercise of rights;
(d)
may apply (with or without modifications) or make
provision similar to a provision of section 23 of the Trade
Marks Act 1994 (c. 26) (co-ownership).”
Words similar to protected words
10
3     (1)
At the end of section 3(1)(b) (infringement: similar symbols and mottos) add
“or a word so similar to a protected word as to be likely to create in the public
mind an association with the Olympic Games or the Olympic movement”.
      (2)
In the application of section 4(11) to (14) (infringement: protection for
existing use) to the Olympics association right as it has effect by virtue of
15
sub-paragraph (1) above, a reference to the commencement of the Act shall
be treated as a reference to the commencement of that sub-paragraph.
Olympics association right: limitations
4
For section 4(1) to (10) (infringement of Olympics association right:
limitations) substitute—
20
“(1)
A person does not infringe the Olympics association right (despite
section 3) by the use of a controlled representation—
(a)
in the course of publishing or broadcasting a report of a
sporting or other event forming part of the Olympic Games,
(b)
as an incidental inclusion in an artistic work, sound
25
recording, film or broadcast, or
(c)
in the course of advertising anything of a kind described in
paragraph (a) or (b).
(2)
A person does not infringe the Olympics association right by using a
protected word in a context which is not likely to suggest an
30
association with the Olympic Games or the Olympic movement.
(3)
A person does not infringe the Olympics association right by using a
controlled representation in relation to goods if—
(a)
they were put on the market in the European Economic Area
by the proprietor or with his consent,
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(b)
the representation was used in relation to the goods when
they were put on the market, and
(c)
the proprietor does not oppose further dealings in the goods
for legitimate reasons (including, in particular, that the
condition of the goods has been changed or impaired after
40
they were put on the market).”
5
At the end of section 5 (Olympics association right: power to prescribe

London Olympics Bill
Schedule 2 — Olympic Symbol Protection
34

further limitations) add—
“(4)
An order under this section shall be subject to annulment in
pursuance of a resolution of either House of Parliament.”
The Paralympics
6
After section 5 insert—
5
“The Paralympics association right
5A
Creation
(1)
There shall be a right, to be known as the Paralympics association
right.
(2)
The provisions of this Act shall apply in relation to the Paralympics
10
association right as they apply to the Olympics association right; and
for that purpose—
(a)
a reference to the Olympic Games shall be treated as a
reference to the Paralympic Games,
(b)
a reference to the Olympic motto shall be treated as a
15
reference to the Paralympic motto,
(c)
a reference to the Olympic movement shall be treated as a
reference to the Paralympic movement,
(d)
a reference to the Olympic symbol shall be treated as a
reference to the Paralympic symbol, and
20
(e)
a reference to the commencement of this Act is a reference to
the commencement of this section.”
7
In section 18(1) (interpretation) after the definition of “Olympic symbol”
insert—
“the Paralympic Games” means the events known by that name and
25
organised by the International Paralympic Committee;
“Paralympic motto” means the motto of the International Paralympic
Committee — “Spirit in Motion”;
“Paralympic symbol” means the symbol of the International
Paralympic Committee which the Secretary of State shall set out in
30
an order made by statutory instrument (which shall be laid before
Parliament after being made).”
8
For section 18(2) (protected words) substitute—
“(2)
For the purposes of this Act—
(a)
each of the following is a protected word in relation to the
35
Olympics association right—
(i)
Olympiad,
(ii)
Olympiads,
(iii)
Olympian,
(iv)
Olympians,
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(v)
Olympic, and
(vi)
Olympics, and
(b)
each of the following is a protected word in relation to the
Paralympics association right—
(i)
Paralympiad,
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London Olympics Bill
Schedule 3 — London Olympics Association Right
35

(ii)
Paralympiads,
(iii)
Paralympian,
(iv)
Paralympians,
(v)
Paralympic, and
(vi)
Paralympics.
5
9
At the end of section 18 add—
“(5)
The Secretary of State may by order amend this section to reflect a
change of motto or symbol of the International Olympic Committee
or the International Paralympic Committee.
(6)
An order under subsection (5)—
10
(a)
may include incidental, consequential or transitional
provision (which may include provision similar to section
4(11) to (14) above),
(b)
shall be made by statutory instrument, and
(c)
shall be subject to annulment in pursuance of a resolution of
15
either House of Parliament.”
Penalties
10    (1)
In respect of an offence under section 8 (infringement marketing of goods)
committed during the period specified in sub-paragraph (2), the reference in
section 8(5)(a) (maximum fine on summary conviction) to the statutory
20
maximum shall be taken as a reference to £20,000.
      (2)
The period referred to in sub-paragraph (1)—
(a)
begins at the end of the period of two months beginning with the
date on which this Act receives Royal Assent, and
(b)
ends with 31st December 2012.
25
Schedule 3
Section 31

London Olympics Association Right
The right
1
There shall be a right, to be known as the London Olympics association
right, which shall confer exclusive rights in relation to the use of any visual
30
or verbal representation (of any kind) in a manner likely to create in the
public mind an association between the London Olympics and—
(a)
goods or services, or
(b)
a person who provides goods or services.
Infringement: general
35
2     (1)
A person infringes the London Olympics association right if in the course of
trade he uses in relation to goods or services any visual or verbal
representation (of any kind) in a manner likely to create in the public mind
an association between the London Olympics and—
(a)
the goods or services, or
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London Olympics Bill
Schedule 3 — London Olympics Association Right
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(b)
a person who provides the goods or services.
      (2)
Sub-paragraph (1) is subject to the provisions of this Schedule.
Infringement: presumption
3     (1)
For the purposes of paragraph 2 (and without prejudice to its generality) the
use by a person of a combination of expressions of a kind specified in sub-
5
paragraph (2) shall be treated, in the absence of evidence to the contrary, as
being likely to create in the public mind an association with the London
Olympics.
      (2)
The combinations referred to in sub-paragraph (1) are combinations of—
(a)
any of the expressions in the first group, with
10
(b)
any of the expressions in the second group or any of the other
expressions in the first group.
      (3)
The following expressions form the first group for the purposes of sub-
paragraph (2)—
(a)
“games”,
15
(b)
“Two Thousand and Twelve”,
(c)
“2012”, and
(d)
“twenty twelve”.
      (4)
The following expressions form the second group for the purposes of sub-
paragraph (2)—
20
(a)
gold,
(b)
silver,
(c)
bronze,
(d)
London,
(e)
medals,
25
(f)
sponsor, and
(g)
summer.
      (5)
It is immaterial for the purposes of this paragraph whether or not a word is
written wholly or partly in capital letters.
      (6)
The Secretary of State may by order—
30
(a)
add, remove or vary an entry in either group of expressions, or
(b)
provide that the use by a person of a specified word, symbol or
image shall be treated as infringing the London Olympics association
right unless the person proves the contrary.
      (7)
An order under sub-paragraph (6)—
35
(a)
may be made only if the Secretary of State thinks it necessary in order
to prevent commercial exploitation of the London Olympics,
(b)
shall be made by statutory instrument, and
(c)
may not be made unless a draft has been laid before and approved
by resolution of each House of Parliament.
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London Olympics Bill
Schedule 3 — London Olympics Association Right
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Authorised use
4     (1)
The London Olympics association right is not infringed by use of a
representation in accordance with an authorisation granted by the London
Organising Committee.
      (2)
The London Organising Committee shall make arrangements for the grant
5
of authorisations; and the arrangements may, in particular—
(a)
make provision about charges;
(b)
enable the Committee to exercise unfettered discretion.
5     (1)
The London Organising Committee shall maintain a register of persons
authorised for the purposes of paragraph 4.
10
      (2)
The register shall specify in respect of each authorised person—
(a)
his name,
(b)
his principal place of business,
(c)
the goods or services to which the authorisation relates,
(d)
the nature, and any terms or conditions, of the authorisation, and
15
(e)
the period in respect of which the authorisation has effect.
      (3)
The London Organising Committee shall—
(a)
ensure that a copy of the register is accessible to the public by use of
the internet, and
(b)
comply with a written request for a copy of the register or of an entry
20
in the register.
      (4)
The London Organising Committee may require a request under sub-
paragraph (3)(b) to be accompanied by a specified fee; and the Committee—
(a)
may specify different fees for different purposes,
(b)
may charge no fee, or waive a fee, in such cases as it thinks
25
appropriate, and
(c)
may not specify a fee which exceeds any maximum specified by
order of the Secretary of State.
      (5)
An order under sub-paragraph (4)(c)—
(a)
may make different provision for different purposes,
30
(b)
may include transitional provision,
(c)
shall be made by statutory instrument, and
(d)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
      (6)
If a copy of the register or of an entry in the register issued by the London
35
Organising Committee is certified on behalf of the Committee as an accurate
copy, it shall be treated as accurate for all purposes (including for the
purposes of legal proceedings) unless the contrary is proved.
      (7)
A request for a copy under sub-paragraph (3)(b) may require the copy to be
certified in accordance with sub-paragraph (6).
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Infringement: other exceptions
6
The London Olympics association right is not infringed by the use of a trade
mark registered under the Trade Marks Act 1994 (c. 26) in relation to goods
or services for which it is registered.

London Olympics Bill
Schedule 3 — London Olympics Association Right
38

7
The London Olympics association right is not infringed by—
(a)
the use by a person of his own name or address,
(b)
the use of indications concerning the kind, quality, quantity,
intended purpose, value, geographical origin, time of production of
goods or of rendering of services, or other characteristics of goods or
5
services,
(c)
the use of a representation which is necessary to indicate the
intended purpose of a product or service;

provided, in each case, that the use is in accordance with honest practices in
industrial or commercial matters.
10
8
The London Olympics association right is not infringed by the use of a
representation in the course of publishing or broadcasting a report of a
sporting or other event forming part of the London Olympics.
9
The London Olympics association right is not infringed by the use of a
controlled representation in relation to goods if—
15
(a)
they were put on the market in the European Economic Area in
accordance with an authorisation granted by the London Organising
Committee,
(b)
the representation was used in relation to the goods when they were
put on the market, and
20
(c)
the London Organising Committee does not oppose further dealings
in the goods for legitimate reasons (including, in particular, that the
condition of the goods has been changed or impaired after they were
put on the market).
Application of Olympic Symbol etc. (Protection) Act 1995
25
10    (1)
The following provisions of the Olympic Symbol etc. Protection Act 1995 (c.
32) shall have effect in relation to the London Olympics association right as
they have effect in relation to the Olympics association right—
(a)
section 2(2) to (4) (effect of right),
(b)
section 3(2) (infringement: specific cases),
30
(c)
section 4(11) to (14) (infringement: protection for existing rights),
(d)
section 5 (power to prescribe further limitations),
(e)
section 6 (action for infringement),
(f)
section 7 (orders in relation to infringing goods, &c.),
(g)
section 15 (directions by Secretary of State),
35
(h)
section 16 (action for groundless threats).
      (2)
In the application of provisions of that Act by virtue of sub-paragraph (1)—
(a)
a reference to a controlled representation is a reference to a visual or
verbal representation (of any kind) likely to create in the public mind
an association between the London Olympics and—
40
(i)
goods or services, or
(ii)
a provider of goods or services,
(b)
a reference to the person appointed under section 1(2) as proprietor
shall be taken as a reference to the London Organising Committee,
(c)
a reference to the commencement of that Act shall be taken as a
45
reference to the commencement of this Schedule, and