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S.C.D.Standing Committee Proceedings: 18th October 2005          

80

 

London Olympics Bill, continued

 
 

““8A  =12>A

Detention by Revenue and Customs

 

“(1A)    

The proprietor may give notice in writing to the Commissioners for Her

 

Majesty’s Revenue and Customs—

 

(a)    

stating that at a time and place specified in the notice, goods

 

which are infringing goods, material or articles are expected

 

to arrive in the United Kingdom—

 

(i)    

from outside the European Economic Area, or

 

(ii)    

from within the Area but not having been entered for

 

free circulation,

 

(b)    

specifying the nature of the controlled representation by

 

reference to which the goods are infringing goods, material or

 

articles, and

 

(c)    

requesting the Commissioners to detain the goods.

 

“(1A)    

The Commissioners may detain goods to which a notice under subsection

 

(1) relates.

 

“(1A)    

But the Commissioners may not detain goods—

 

(a)    

imported by a person for his private and domestic use, or

 

(b)    

to which section 89(3) of the Trade Marks Act 1994 applies

 

(Council Regulation 1383/2003/EC).

 

“(1A)    

If the Commissioners detain goods to which a notice under subsection (1)

 

applies they shall as soon as is reasonably practicable—

 

(a)    

give written notice of the detention and the grounds for it to

 

the person in whose name the goods were presented or

 

declared to customs, and

 

(b)    

give the proprietor notice that the goods have been detained,

 

specifying in respect of the goods such information as is

 

available to the Commissioners about—

 

(i)    

the nature of the goods,

 

(ii)    

their number,

 

(iii)    

the place where they were manufactured,

 

(iv)    

the place from which they were sent,

 

(v)    

the name and address of the person by whom they

 

were sent,

 

(vi)    

the name and address of the person mentioned in

 

paragraph (a),

 

(vii)    

the name and address of the person to whom they

 

were to be delivered, and

 

(viii)    

the name and address of the person who holds them

 

during detention.

 

“(1A)    

The Commissioners may provide samples of detained goods to the

 

proprietor on request, in which case he—

 

(a)    

may use the samples only for the purpose of determining

 

whether they are infringing goods, material or articles,

 

(b)    

must return the samples to the Commissioners as soon as is

 

reasonably practicable, and

 

(c)    

must inform the Commissioners as soon as is reasonably

 

practicable whether the goods are infringing goods, material

 

or articles.


 
 

S.C.D.Standing Committee Proceedings: 18th October 2005          

81

 

London Olympics Bill, continued

 
 

“(1A)    

The Commissioners may permit the proprietor on request to inspect

 

detained goods (in which case he must inform the Commissioners as soon

 

as is reasonably practicable whether the goods are infringing goods,

 

material or articles).

 

“(1A)    

The Commissioners shall release goods detained in pursuance of a notice

 

under subsection (1) if—

 

(a)    

the Commissioners think that initiating process in

 

proceedings under section 6 in respect of the goods has not

 

been served during the period of 10 working days, in the case

 

of non-perishable goods, or 3 working days, in the case of

 

perishable goods, beginning with the date on which the notice

 

under subsection (4)(b) was received,

 

(b)    

the Commissioners think that proceedings under section 6 in

 

respect of the goods have been withdrawn, have lapsed or

 

have terminated without an order being made in respect of the

 

goods by virtue of section 7, or

 

(c)    

the Commissioners are informed by the proprietor that the

 

goods are not infringing goods, material or articles.

 

“(1A)    

The Commissioners may detain goods which they think, having regard to

 

the nature of the goods and to information provided by the proprietor,

 

may be infringing goods, material or articles; and if the Commissioners

 

detain goods under this subsection—

 

(a)    

they shall as soon as is reasonably practicable invite the

 

proprietor to give the Commissioners a notice that the goods

 

are infringing goods, material or articles,

 

(b)    

they shall, when giving an invitation under paragraph (a), give

 

in respect of the goods such information as is available to

 

them about—

 

(i)    

the nature of the goods,

 

(ii)    

their number,

 

(iii)    

the place where they were manufactured,

 

(iv)    

the place from which they were sent,

 

(v)    

the name and address of the person by whom they

 

were sent,

 

(vi)    

the name and address of the person in whose name the

 

goods were presented or declared to customs,

 

(vii)    

the name and address of the person to whom they

 

were to be delivered, and

 

(viii)    

the name and address of the person who holds them

 

during detention,

 

(c)    

they may provide samples of the goods to the proprietor on

 

request in which case he —

 

(i)    

may use the samples only for the purpose of

 

determining whether they are infringing goods,

 

material or articles,

 

(ii)    

must return the samples to the Commissioners as soon

 

as is reasonably practicable, and

 

(iii)    

must inform the Commissioners as soon as

 

reasonably practicable whether the goods are

 

infringing goods, material or articles,


 
 

S.C.D.Standing Committee Proceedings: 18th October 2005          

82

 

London Olympics Bill, continued

 
 

(d)    

they may permit the proprietor on request to inspect the goods

 

(in which case he must inform the Commissioners as soon as

 

reasonably practicable whether the goods are infringing

 

goods, material or articles),

 

(e)    

if no notice is given in accordance with paragraph (a) within

 

the period of 3 working days beginning with the date on which

 

the invitation under that paragraph is received, the

 

Commissioners shall release the goods, and

 

(f)    

if a notice is given in accordance with paragraph (a), the

 

Commissioners shall proceed as if it were a notice given under

 

subsection (1) above (and as if the goods were detained in

 

pursuance of that notice), but—

 

(i)    

subsections (4)(b), (5) and (6) shall not have effect,

 

and

 

(ii)    

subsection (7) shall have effect as if the reference to

 

the notice under subsection (4)(b) were a reference to

 

information under paragraph (b) above.

 

“8A    =12>B

Section 12A: supplementary

 

“(1A)    

Section 90 of the Trade Marks Act 1994 (c. 26) (regulations as to form of

 

notice, &c.) shall have effect in relation to a notice under subsection

 

12A(1) or (8)(a) above as in relation to a notice under section 89(1).

 

“(1A)    

A person who is or was an officer or employee of the proprietor, or who

 

acts or acted on the proprietor’s behalf, commits an offence if he

 

discloses information provided in accordance with section 12A(4)(b) or

 

12A(8)(b) other than—

 

(a)    

for the purpose of, or with a view to the institution of,

 

proceedings under section 6,

 

(b)    

for the purpose of complying with an enactment,

 

(c)    

in pursuance of an order of a court,

 

(d)    

in a form which ensures that the identity of no person to whom

 

the information relates is specified or can be deduced,

 

(e)    

with the consent of each person to whom the information

 

relates, or

 

(f)    

with the consent of the Commissioners for Her Majesty’s

 

Revenue and Customs;

 

“(1A)    

and sections 19(3), (4), (7) and 55(1) of the Commissioners for Revenue

 

and Customs Act 2005 (c. 11) (defences and penalties) shall have effect

 

in relation to this subsection.

 

“(1A)    

Section 139(1), (2), (3), (4), (7) and (8) of the Customs and Excise

 

Management Act 1979 (detention of goods: constables, &c.) shall apply

 

in relation to goods liable to detention in accordance with section 12A

 

above as in relation to things liable to forfeiture—

 

(a)    

with the substitution of a reference to this Act for a reference

 

to the customs and excise Acts, and

 

(b)    

with any other necessary modifications.

 

“(1A)    

Section 144 of that Act (protection of officers) shall apply in relation to

 

the detention of goods in accordance with section 12A above—

 

(a)    

with the substitution of a reference to proceedings under

 

section 6 above for the reference in section 144(1) to

 

proceedings for condemnation, and


 
 

S.C.D.Standing Committee Proceedings: 18th October 2005          

83

 

London Olympics Bill, continued

 
 

(b)    

with any other necessary modifications.

 

“(1A)    

In section 12A “working day” means a day that is not a Saturday, a

 

Sunday or a bank holiday (within the meaning of section 1 of the Banking

 

and Financial Dealings Act 1971 (c. 80)).”.’.

 

Schedule, as amended, Agreed to.

 

Clause 31 Agreed to.

 


 

Mr Richard Caborn

 

Agreed to  84

 

Schedule  3,  page  35,  line  30,  leave out ‘visual or verbal’.

 

Mrs Maria Miller

 

Not called  99

 

Schedule  3,  page  35,  line  31,  leave out ‘(of any kind)’ and insert ‘such as the

 

London Olympics indicia’.

 

Mr Don Foster

 

Jo Swinson

 

Not called  67

 

Schedule  3,  page  35,  line  31,  leave out ‘likely’ and insert ‘intended’.

 

Mr Richard Caborn

 

Agreed to  85

 

Schedule  3,  page  35,  line  31,  leave out ‘create in the public mind’ and insert

 

‘suggest to the public that there is’.

 

Mr Don Foster

 

Jo Swinson

 

Not called  18

 

Schedule  3,  page  35,  line  39,  leave out from begining to end of line 1 on page 36

 

and insert—

 

‘(a)    

an association between the London Olympics and —

 

(i)    

goods or services, or

 

(ii)    

a person who provides goods or services, or

 

(b)    

the impression that he is or was a sponsor of, or is or was the provider of

 

other support for, the London Olympics.’.

 

Mr Richard Caborn

 

Agreed to  86

 

Schedule  3,  page  35,  line  34,  at end insert—

 

‘(2)    

For the purposes of this Schedule—

 

(a)    

the concept of an association between a person, goods or a service and

 

the London Olympics includes, in particular—

 

(i)    

any kind of contractual relationship,

 

(ii)    

any kind of commercial relationship,

 

(iii)    

any kind of corporate or structural connection, and


 
 

S.C.D.Standing Committee Proceedings: 18th October 2005          

84

 

London Olympics Bill, continued

 
 

(iv)    

the provision by a person of financial or other support for or in

 

connection with the London Olympics, but

 

(b)    

a person does not suggest an association between a person, goods or a

 

service and the London Olympics only by making a statement which—

 

(i)    

accords with honest practices in industrial or commercial

 

matters, and

 

(ii)    

does not make promotional or other commercial use of a

 

representation relating to the London Olympics by incorporating

 

it in a context to which the London Olympics are substantively

 

irrelevant.

 

(3)    

The Secretary of State may by order specify what is to be or not to be treated for

 

the purposes of subsection (2) as an association between a person, goods or a

 

service and the London Olympics; and an order under this subsection—

 

(a)    

may include incidental, consequential or transitional provision (which

 

may include provision amending subsection (2)(a) or (b)),

 

(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.’.

 

Mr Richard Caborn

 

Agreed to  87

 

Schedule  3,  page  35,  line  37,  leave out ‘visual or verbal’.

 

Mrs Maria Miller

 

Not called  100

 

Schedule  3,  page  35,  line  38,  leave out ‘(of any kind)’ and insert ‘such as the

 

London Olympics indicia’.

 

Mr Don Foster

 

Jo Swinson

 

Not called  68

 

Schedule  3,  page  35,  line  38,  leave out ‘likely’ and insert ‘intended’.

 

Mr Richard Caborn

 

Agreed to  88

 

Schedule  3,  page  35,  line  38,  leave out ‘create in the public mind’ and insert

 

‘suggest to the public that there is’.

 

Mr Don Foster

 

Jo Swinson

 

Not called  18

 

Schedule  3,  page  35,  line  39,  leave out from begining to end of line 1 on page 36

 

and insert—

 

‘(a)    

an association between the London Olympics and —

 

(i)    

goods or services, or

 

(ii)    

a person who provides goods or services, or

 

(b)    

the impression that he is or was a sponsor of, or is or was the provider of

 

other support for, the London Olympics.’.


 
 

S.C.D.Standing Committee Proceedings: 18th October 2005          

85

 

London Olympics Bill, continued

 
 

Mr Don Foster

 

Jo Swinson

 

Not called  69

 

Schedule  3,  page  35,  line  39,  leave out ‘an’ and insert ‘a false or misleading’.

 

Mrs Maria Miller

 

Not called  101

 

Schedule  3,  page  36,  line  3,  leave out from begining to ‘form’ in line 19 and

 

insert—

 

‘London Olympics indicia

 

2A      (1)    

For the purposes of paragraph 2 “the London Olympics indicia” means

 

any combination of a word in the first group with any of the words or

 

expressions in the second group.

 

      (2)    

The following words form the first group for the purposes of sub-

 

paragraph (1)—

 

(a)    

“Olympic”,

 

(b)    

“Olympian”,

 

(c)    

“Paralympics”, and

 

(d)    

“Paralympian”.

 

      (3)    

The following words or expressions’.

 

Mr Don Foster

 

Jo Swinson

 

Not called  17

 

Schedule  3,  page  36,  line  4,  leave out paragraph 3.

 

Mrs Maria Miller

 

Not called  102

 

Schedule  3,  page  36,  line  26,  leave out from ‘sponsor,’ to end of line 27 and

 

insert—

 

‘(g)    

Games,

 

(h)    

2012, and

 

(i)    

Twenty Twelve.’.

 

Mrs Maria Miller

 

Not called  103

 

Schedule  3,  page  36,  line  29,  at end insert—

 

‘(5A)    

A person does not infringe the London Olympics association right by using a

 

potential word in a context which is not likely to suggest an association with the

 

Olympic Games or the Olympic movement.’.

 

Mrs Maria Miller

 

Not called  104

 

Schedule  3,  page  36,  line  30,  leave out from ‘may’ to end of line 34 and insert ‘, if

 

necessary to secure compliance with obligations imposed by the Host City Contract or in

 

order to comply with a mandatory request from the International Olympic Committee, by

 

order, to be made no later than 30th June 2011, add, remove or vary an entry in either

 

group of words.’.

 

Mr Richard Caborn

 

Agreed to  89

 

Schedule  3,  page  37,  line  8,  at end insert ‘(subject to any direction under section 15


 
 

S.C.D.Standing Committee Proceedings: 18th October 2005          

86

 

London Olympics Bill, continued

 
 

of the Olympic Symbol etc. Protection Act 1995 (c. 32) as applied by paragraph 10

 

below).’.

 

Mr Richard Caborn

 

Agreed to  90

 

Schedule  3,  page  37,  line  9,  at end insert ‘, and classes of person,’.

 

Mr Richard Caborn

 

Agreed to  91

 

Schedule  3,  page  37,  line  15,  leave out paragraph (d).

 

Mr Richard Caborn

 

Agreed to  92

 

Schedule  3,  page  37,  line  16,  at end insert—

 

  ‘(2A)    

The register shall specify in respect of each authorised class of person—

 

(a)    

the nature of the class,

 

(b)    

the goods or services to which the authorisation relates

 

(including the circumstances in which it does or does not apply),

 

and

 

(c)    

the period in respect of which the authorisation has effect.’.

 

Mrs Maria Miller

 

Withdrawn  105

 

Schedule  3,  page  38,  line  10,  at end insert—

 

‘7A    

The London Olympics association right is not infringed by the use of any

 

representation relating to sponsorship of any past, present of future—

 

(a)    

Olympic competitor or team,

 

(b)    

venue for the London Olympics, or

 

(c)    

sports governing body.’.

 

Mrs Maria Miller

 

Not called  106

 

Schedule  3,  page  38,  line  10,  at end insert—

 

‘7A    

The London Olympics association right is not infringed by any non-commercial

 

or voluntary activity associated in any way with the United Kingdom’s role as the

 

host nation of the London Olympics.’.

 

Mr Don Foster

 

Jo Swinson

 

Withdrawn  65

 

Schedule  3,  page  38,  line  11,  leave out from ‘by’ to end of line 13 and insert—

 

‘any editorial usage, or representation in the course of reporting events forming part of the

 

London Olympics or in connection with the provision of information, reporting of news

 

or current affairs or for the purposes of criticism or review, by any means or in any

 

medium without limitation.’.

 

Mr Richard Caborn

 

Agreed to  93

 

Schedule  3,  page  38,  line  12,  leave out from ‘representation’ to end of line 13 and

 

insert—

 

‘(a)    

as a necessary incident of publishing or broadcasting a report of

 

a sporting or other event forming part of the London Olympics,


 
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