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| | ““8A =12>A | Detention by Revenue and Customs |
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| | “(1A) | The proprietor may give notice in writing to the Commissioners for Her |
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| | Majesty’s Revenue and Customs— |
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| | (a) | stating that at a time and place specified in the notice, goods |
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| | which are infringing goods, material or articles are expected |
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| | to arrive in the United Kingdom— |
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| | (i) | from outside the European Economic Area, or |
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| | (ii) | from within the Area but not having been entered for |
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| | |
| | (b) | specifying the nature of the controlled representation by |
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| | reference to which the goods are infringing goods, material or |
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| | |
| | (c) | requesting the Commissioners to detain the goods. |
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| | “(1A) | The Commissioners may detain goods to which a notice under subsection |
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| | |
| | “(1A) | But the Commissioners may not detain goods— |
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| | (a) | imported by a person for his private and domestic use, or |
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| | (b) | to which section 89(3) of the Trade Marks Act 1994 applies |
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| | (Council Regulation 1383/2003/EC). |
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| | “(1A) | If the Commissioners detain goods to which a notice under subsection (1) |
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| | applies they shall as soon as is reasonably practicable— |
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| | (a) | give written notice of the detention and the grounds for it to |
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| | the person in whose name the goods were presented or |
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| | |
| | (b) | give the proprietor notice that the goods have been detained, |
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| | specifying in respect of the goods such information as is |
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| | available to the Commissioners about— |
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| | (i) | the nature of the goods, |
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| | |
| | (iii) | the place where they were manufactured, |
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| | (iv) | the place from which they were sent, |
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| | (v) | the name and address of the person by whom they |
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| | |
| | (vi) | the name and address of the person mentioned in |
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| | |
| | (vii) | the name and address of the person to whom they |
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| | were to be delivered, and |
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| | (viii) | the name and address of the person who holds them |
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| | |
| | “(1A) | The Commissioners may provide samples of detained goods to the |
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| | proprietor on request, in which case he— |
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| | (a) | may use the samples only for the purpose of determining |
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| | whether they are infringing goods, material or articles, |
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| | (b) | must return the samples to the Commissioners as soon as is |
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| | reasonably practicable, and |
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| | (c) | must inform the Commissioners as soon as is reasonably |
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| | practicable whether the goods are infringing goods, material |
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| | |
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| |
| |
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| | “(1A) | The Commissioners may permit the proprietor on request to inspect |
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| | detained goods (in which case he must inform the Commissioners as soon |
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| | as is reasonably practicable whether the goods are infringing goods, |
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| | |
| | “(1A) | The Commissioners shall release goods detained in pursuance of a notice |
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| | |
| | (a) | the Commissioners think that initiating process in |
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| | proceedings under section 6 in respect of the goods has not |
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| | been served during the period of 10 working days, in the case |
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| | of non-perishable goods, or 3 working days, in the case of |
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| | perishable goods, beginning with the date on which the notice |
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| | under subsection (4)(b) was received, |
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| | (b) | the Commissioners think that proceedings under section 6 in |
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| | respect of the goods have been withdrawn, have lapsed or |
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| | have terminated without an order being made in respect of the |
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| | goods by virtue of section 7, or |
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| | (c) | the Commissioners are informed by the proprietor that the |
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| | goods are not infringing goods, material or articles. |
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| | “(1A) | The Commissioners may detain goods which they think, having regard to |
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| | the nature of the goods and to information provided by the proprietor, |
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| | may be infringing goods, material or articles; and if the Commissioners |
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| | detain goods under this subsection— |
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| | (a) | they shall as soon as is reasonably practicable invite the |
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| | proprietor to give the Commissioners a notice that the goods |
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| | are infringing goods, material or articles, |
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| | (b) | they shall, when giving an invitation under paragraph (a), give |
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| | in respect of the goods such information as is available to |
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| | (i) | the nature of the goods, |
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| | |
| | (iii) | the place where they were manufactured, |
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| | (iv) | the place from which they were sent, |
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| | (v) | the name and address of the person by whom they |
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| | |
| | (vi) | the name and address of the person in whose name the |
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| | goods were presented or declared to customs, |
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| | (vii) | the name and address of the person to whom they |
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| | were to be delivered, and |
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| | (viii) | the name and address of the person who holds them |
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| | |
| | (c) | they may provide samples of the goods to the proprietor on |
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| | request in which case he — |
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| | (i) | may use the samples only for the purpose of |
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| | determining whether they are infringing goods, |
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| | |
| | (ii) | must return the samples to the Commissioners as soon |
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| | as is reasonably practicable, and |
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| | (iii) | must inform the Commissioners as soon as |
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| | reasonably practicable whether the goods are |
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| | infringing goods, material or articles, |
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| |
| |
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| | (d) | they may permit the proprietor on request to inspect the goods |
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| | (in which case he must inform the Commissioners as soon as |
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| | reasonably practicable whether the goods are infringing |
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| | goods, material or articles), |
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| | (e) | if no notice is given in accordance with paragraph (a) within |
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| | the period of 3 working days beginning with the date on which |
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| | the invitation under that paragraph is received, the |
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| | Commissioners shall release the goods, and |
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| | (f) | if a notice is given in accordance with paragraph (a), the |
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| | Commissioners shall proceed as if it were a notice given under |
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| | subsection (1) above (and as if the goods were detained in |
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| | pursuance of that notice), but— |
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| | (i) | subsections (4)(b), (5) and (6) shall not have effect, |
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| | (ii) | subsection (7) shall have effect as if the reference to |
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| | the notice under subsection (4)(b) were a reference to |
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| | information under paragraph (b) above. |
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| | “8A =12>B | Section 12A: supplementary |
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| | “(1A) | Section 90 of the Trade Marks Act 1994 (c. 26) (regulations as to form of |
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| | notice, &c.) shall have effect in relation to a notice under subsection |
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| | 12A(1) or (8)(a) above as in relation to a notice under section 89(1). |
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| | “(1A) | A person who is or was an officer or employee of the proprietor, or who |
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| | acts or acted on the proprietor’s behalf, commits an offence if he |
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| | discloses information provided in accordance with section 12A(4)(b) or |
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| | (a) | for the purpose of, or with a view to the institution of, |
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| | proceedings under section 6, |
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| | (b) | for the purpose of complying with an enactment, |
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| | (c) | in pursuance of an order of a court, |
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| | (d) | in a form which ensures that the identity of no person to whom |
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| | the information relates is specified or can be deduced, |
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| | (e) | with the consent of each person to whom the information |
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| | (f) | with the consent of the Commissioners for Her Majesty’s |
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| | |
| | “(1A) | and sections 19(3), (4), (7) and 55(1) of the Commissioners for Revenue |
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| | and Customs Act 2005 (c. 11) (defences and penalties) shall have effect |
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| | in relation to this subsection. |
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| | “(1A) | Section 139(1), (2), (3), (4), (7) and (8) of the Customs and Excise |
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| | Management Act 1979 (detention of goods: constables, &c.) shall apply |
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| | in relation to goods liable to detention in accordance with section 12A |
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| | above as in relation to things liable to forfeiture— |
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| | (a) | with the substitution of a reference to this Act for a reference |
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| | to the customs and excise Acts, and |
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| | (b) | with any other necessary modifications. |
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| | “(1A) | Section 144 of that Act (protection of officers) shall apply in relation to |
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| | the detention of goods in accordance with section 12A above— |
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| | (a) | with the substitution of a reference to proceedings under |
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| | section 6 above for the reference in section 144(1) to |
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| | proceedings for condemnation, and |
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| |
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| | (b) | with any other necessary modifications. |
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| | “(1A) | In section 12A “working day” means a day that is not a Saturday, a |
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| | Sunday or a bank holiday (within the meaning of section 1 of the Banking |
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| | and Financial Dealings Act 1971 (c. 80)).”.’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 3, page 35, line 30, leave out ‘visual or verbal’. |
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| Schedule 3, page 35, line 31, leave out ‘(of any kind)’ and insert ‘such as the |
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| London Olympics indicia’. |
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| Schedule 3, page 35, line 31, leave out ‘likely’ and insert ‘intended’. |
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| Schedule 3, page 35, line 31, leave out ‘create in the public mind’ and insert |
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| ‘suggest to the public that there is’. |
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| |
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| | |
| Schedule 3, page 35, line 39, leave out from begining to end of line 1 on page 36 |
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| |
| | ‘(a) | an association between the London Olympics and — |
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| | (i) | goods or services, or |
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| | (ii) | a person who provides goods or services, or |
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| | (b) | the impression that he is or was a sponsor of, or is or was the provider of |
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| | other support for, the London Olympics.’. |
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| |
| | |
| Schedule 3, page 35, line 34, at end insert— |
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| | ‘(2) | For the purposes of this Schedule— |
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| | (a) | the concept of an association between a person, goods or a service and |
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| | the London Olympics includes, in particular— |
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| | (i) | any kind of contractual relationship, |
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| | (ii) | any kind of commercial relationship, |
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| | (iii) | any kind of corporate or structural connection, and |
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| |
| |
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| | (iv) | the provision by a person of financial or other support for or in |
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| | connection with the London Olympics, but |
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| | (b) | a person does not suggest an association between a person, goods or a |
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| | service and the London Olympics only by making a statement which— |
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| | (i) | accords with honest practices in industrial or commercial |
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| | |
| | (ii) | does not make promotional or other commercial use of a |
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| | representation relating to the London Olympics by incorporating |
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| | it in a context to which the London Olympics are substantively |
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| | |
| | (3) | The Secretary of State may by order specify what is to be or not to be treated for |
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| | the purposes of subsection (2) as an association between a person, goods or a |
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| | service and the London Olympics; and an order under this subsection— |
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| | (a) | may include incidental, consequential or transitional provision (which |
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| | may include provision amending subsection (2)(a) or (b)), |
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| | (b) | shall be made by statutory instrument, and |
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| | (c) | may not be made unless a draft has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| |
| | |
| Schedule 3, page 35, line 37, leave out ‘visual or verbal’. |
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| |
| | |
| Schedule 3, page 35, line 38, leave out ‘(of any kind)’ and insert ‘such as the |
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| London Olympics indicia’. |
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| |
| |
| | |
| Schedule 3, page 35, line 38, leave out ‘likely’ and insert ‘intended’. |
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| |
| | |
| Schedule 3, page 35, line 38, leave out ‘create in the public mind’ and insert |
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| ‘suggest to the public that there is’. |
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| |
| |
| | |
| Schedule 3, page 35, line 39, leave out from begining to end of line 1 on page 36 |
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| |
| | ‘(a) | an association between the London Olympics and — |
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| | (i) | goods or services, or |
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| | (ii) | a person who provides goods or services, or |
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| | (b) | the impression that he is or was a sponsor of, or is or was the provider of |
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| | other support for, the London Olympics.’. |
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| | |
| Schedule 3, page 35, line 39, leave out ‘an’ and insert ‘a false or misleading’. |
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| Schedule 3, page 36, line 3, leave out from begining to ‘form’ in line 19 and |
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| | 2A (1) | For the purposes of paragraph 2 “the London Olympics indicia” means |
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| | any combination of a word in the first group with any of the words or |
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| | expressions in the second group. |
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| | (2) | The following words form the first group for the purposes of sub- |
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| | (3) | The following words or expressions’. |
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| Schedule 3, page 36, line 4, leave out paragraph 3. |
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| Schedule 3, page 36, line 26, leave out from ‘sponsor,’ to end of line 27 and |
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| Schedule 3, page 36, line 29, at end insert— |
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| | ‘(5A) | A person does not infringe the London Olympics association right by using a |
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| | potential word in a context which is not likely to suggest an association with the |
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| | Olympic Games or the Olympic movement.’. |
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| |
| | |
| Schedule 3, page 36, line 30, leave out from ‘may’ to end of line 34 and insert ‘, if |
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| necessary to secure compliance with obligations imposed by the Host City Contract or in |
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| order to comply with a mandatory request from the International Olympic Committee, by |
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| order, to be made no later than 30th June 2011, add, remove or vary an entry in either |
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| |
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| | |
| Schedule 3, page 37, line 8, at end insert ‘(subject to any direction under section 15 |
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| |
| |
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| of the Olympic Symbol etc. Protection Act 1995 (c. 32) as applied by paragraph 10 |
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| Schedule 3, page 37, line 9, at end insert ‘, and classes of person,’. |
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| | |
| Schedule 3, page 37, line 15, leave out paragraph (d). |
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| | |
| Schedule 3, page 37, line 16, at end insert— |
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| | ‘(2A) | The register shall specify in respect of each authorised class of person— |
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| | (a) | the nature of the class, |
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| | (b) | the goods or services to which the authorisation relates |
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| | (including the circumstances in which it does or does not apply), |
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| | |
| | (c) | the period in respect of which the authorisation has effect.’. |
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| |
| | |
| Schedule 3, page 38, line 10, at end insert— |
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| | ‘7A | The London Olympics association right is not infringed by the use of any |
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| | representation relating to sponsorship of any past, present of future— |
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| | (a) | Olympic competitor or team, |
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| | (b) | venue for the London Olympics, or |
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| | (c) | sports governing body.’. |
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| |
| | |
| Schedule 3, page 38, line 10, at end insert— |
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| | ‘7A | The London Olympics association right is not infringed by any non-commercial |
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| | or voluntary activity associated in any way with the United Kingdom’s role as the |
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| | host nation of the London Olympics.’. |
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| |
| |
| | |
| Schedule 3, page 38, line 11, leave out from ‘by’ to end of line 13 and insert—
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| ‘any editorial usage, or representation in the course of reporting events forming part of the |
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| London Olympics or in connection with the provision of information, reporting of news |
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| or current affairs or for the purposes of criticism or review, by any means or in any |
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| medium without limitation.’. |
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| |
| | |
| Schedule 3, page 38, line 12, leave out from ‘representation’ to end of line 13 and |
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| |
| | ‘(a) | as a necessary incident of publishing or broadcasting a report of |
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| | a sporting or other event forming part of the London Olympics, |
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|