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London Olympics Bill


London Olympics Bill
Schedule 2 — Olympic Symbol Protection

35

 

Schedule 2

Section 31

 

Olympic Symbol Protection

Introduction

1          

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

follows.

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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;

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(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

15

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

20

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—

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“(1)   

A person does not infringe the Olympics association right (despite

section 3) by the use of a controlled representation—

(a)   

as a necessary incident of publishing or broadcasting a report

of a sporting or other event forming part of the Olympic

Games,

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(b)   

as a necessary incident of publishing or broadcasting

information about the Olympic Games,

(c)   

as an incidental inclusion in a literary work, dramatic work,

artistic work, sound recording, film or broadcast, within the

meaning of Part I of the Copyright, Designs and Patents Act

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1988 (c. 48) (copyright),or

(d)   

as an inclusion in an advertisement for a publication or

broadcast of a kind described in paragraph (a) or (b).

(2)   

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

controlled representation in a context which is not likely to suggest

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an association between a person, product or service and the Olympic

 

 

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Schedule 2 — Olympic Symbol Protection

36

 

Games or the Olympic movement; and for the purpose of this

subsection—

(a)   

the concept of an association between a person, product or

service and the Olympic Games or the Olympic movement

includes, in particular—

5

(i)   

any kind of contractual relationship,

(ii)   

any kind of commercial relationship,

(iii)   

any kind of corporate or structural connection, and

(iv)   

the provision by a person of financial or other support

for or in connection with the Olympic Games or the

10

Olympic movement, but

(b)   

a person does not suggest an association with the Olympic

Games or the Olympic movement only by making a

statement which—

(i)   

accords with honest practices in industrial or

15

commercial matters, and

(ii)   

does not make promotional or other commercial use

of a protected word by incorporating it in a context to

which the Olympic Games and the Olympic

movement are substantively irrelevant.

20

(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, product or service and the Olympic Games or the Olympic

movement; and an order under this subsection—

(a)   

may include incidental, consequential or transitional

25

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.

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(4)   

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,

(b)   

the representation was used in relation to the goods when

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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

they were put on the market).”

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5          

At the end of section 5 (Olympics association right: power to prescribe

further limitations) add—

“(4)   

An order under this section shall be subject to annulment in

pursuance of a resolution of either House of Parliament.”

 

 

London Olympics Bill
Schedule 2 — Olympic Symbol Protection

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The Paralympics

6          

After section 5 insert—

The Paralympics association right

5A      

Creation

(1)   

There shall be a right, to be known as the Paralympics association

5

right.

(2)   

The provisions of this Act shall apply in relation to the Paralympics

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

10

reference to the Paralympic Games,

(b)   

a reference to the Olympic motto shall be treated as a

reference to the Paralympic motto,

(c)   

a reference to the Olympic movement shall be treated as a

reference to the Paralympic movement,

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(d)   

a reference to the Olympic symbol shall be treated as a

reference to the Paralympic symbol, and

(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”

20

insert—

“the Paralympic Games” means the events known by that name and

organised by the International Paralympic Committee;

“Paralympic motto” means the motto of the International Paralympic

Committee — “Spirit in Motion”;

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“Paralympic symbol” means the symbol of the International

Paralympic Committee which the Secretary of State shall set out in

an order made by statutory instrument (which shall be laid before

Parliament after being made).”

8          

For section 18(2) (protected words) substitute—

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“(2)   

For the purposes of this Act—

(a)   

each of the following is a protected word in relation to the

Olympics association right—

(i)   

Olympiad,

(ii)   

Olympiads,

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(iii)   

Olympian,

(iv)   

Olympians,

(v)   

Olympic, and

(vi)   

Olympics, and

(b)   

each of the following is a protected word in relation to the

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Paralympics association right—

(i)   

Paralympiad,

(ii)   

Paralympiads,

(iii)   

Paralympian,

(iv)   

Paralympians,

45

(v)   

Paralympic, and

 

 

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Schedule 2 — Olympic Symbol Protection

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(vi)   

Paralympics.

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.

5

(6)   

An order under subsection (5)—

(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

10

(c)   

shall be subject to annulment in pursuance of a resolution of

either House of Parliament.”

Infringement

10         

In section 8(3)(a) (orders in relation to infringing goods: “infringing

material”) for “, or for advertising goods or services,” substitute “, for

15

advertising goods or services or by being displayed,”.

Penalties

11    (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.

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Enforcement

12    (1)  

After section 8 add—

“8A     

Enforcement by trading standards authority

(1)   

A local weights and measures authority may enforce within their

area the provisions of section 8.

30

(2)   

The following provisions of the Trade Descriptions Act 1968 apply in

relation to the enforcement of that section as in relation to the

enforcement of that Act—

(a)   

section 27 (power to make test purchases),

(b)   

section 28 (power to enter premises and inspect and seize

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goods and documents),

(c)   

section 29 (obstruction of authorised officers), and

(d)   

section 33 (compensation for loss, &c of goods seized).

(3)   

Subsection (1) above does not apply in relation to the enforcement of

section 8 in Northern Ireland; but—

40

(a)   

the Department of Enterprise, Trade and Investment may

enforce that section in Northern Ireland, and

 

 

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Schedule 2 — Olympic Symbol Protection

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(b)   

for that purpose the provisions of the Trade Descriptions Act

1968 specified in subsection (2) apply as if for the references

to a local weights and measures authority and any officer of

such an authority there were substituted references to that

Department and any of its officers.

5

(4)   

Nothing in this section shall be construed as authorising a local

weights and measures authority to bring proceedings in Scotland for

an offence.”

      (2)  

The London Organising Committee may—

(a)   

make arrangements with a local weights and measures authority for

10

the exercise of the authority’s power under section 8 of the Olympic

Symbol etc. (Protection) Act 1995 (as inserted by sub-paragraph (1));

(b)   

may make payments to a local weights and measures authority in

respect of expenses incurred in the exercise of that power.

13         

After section 8A (inserted by paragraph 12 above) insert—

15

“8B     

Arrest

(1)   

After paragraph 21 of Schedule 1A to the Police and Criminal

Evidence Act 1984 (arrestable offences) add—

“Olympic Symbol etc. (Protection) Act 1995

21A        

An offence under section 8 of the Olympic Symbol etc. (Protection)

20

Act 1995 (offences in relation to goods).”

(2)   

A constable in Scotland may arrest without warrant a person who

the constable reasonably believes is committing or has committed an

offence under section 8 of the Olympic Symbol etc. (Protection) Act

1995.

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(3)   

Subsection (2) is without prejudice to any power of arrest which is

otherwise exercisable by a constable in Scotland.”

14         

After section 12 (forfeiture) insert—

“12A    

Detention by Revenue and Customs

(1)   

The proprietor may give notice in writing to the Commissioners for

30

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

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(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

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(c)   

requesting the Commissioners to detain the goods.

(2)   

The Commissioners may detain goods to which a notice under

subsection (1) relates.

(3)   

But the Commissioners may not detain goods—

 

 

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Schedule 2 — Olympic Symbol Protection

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(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).

(4)   

If the Commissioners detain goods to which a notice under

subsection (1) applies they shall as soon as is reasonably

5

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,

10

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,

15

(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),

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(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.

(5)   

The Commissioners may provide samples of detained goods to the

25

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

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(c)   

must inform the Commissioners as soon as is reasonably

practicable whether the goods are infringing goods, material

or articles.

(6)   

The Commissioners may permit the proprietor on request to inspect

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

35

soon as is reasonably practicable whether the goods are infringing

goods, material or articles).

(7)   

The Commissioners shall release goods detained in pursuance of a

notice under subsection (1) if—

(a)   

the Commissioners think that initiating process in

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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,

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(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

 

 

London Olympics Bill
Schedule 2 — Olympic Symbol Protection

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(c)   

the Commissioners are informed by the proprietor that the

goods are not infringing goods, material or articles.

(8)   

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

5

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),

10

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,

15

(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,

20

(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

25

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

30

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,

(d)   

they may permit the proprietor on request to inspect the

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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

40

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

45

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.

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