sc451810.80-86

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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,