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London Olympics Bill


London Olympics Bill
Schedule 3 — London Olympics Association Right

42

 

12B     

Section 12A: supplementary

(1)   

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).

5

(2)   

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,

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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,

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(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;

   

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

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

have effect in relation to this subsection.

(3)   

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

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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.

(4)   

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

30

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

(b)   

with any other necessary modifications.

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(5)   

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 3

Section 32

 

London Olympics Association Right

40

The right

1     (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

 

 

London Olympics Bill
Schedule 3 — London Olympics Association Right

43

 

representation (of any kind) in a manner likely to suggest to the public that

there is an association between the London Olympics and—

(a)   

goods or services, or

(b)   

a person who provides goods or services.

      (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 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

10

(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—

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(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

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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 sub-paragraph (2) as an association between a person,

goods or a service and the London Olympics; and an order under this

subsection—

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(a)   

may include incidental, consequential or transitional provision

(which may include provision amending sub-paragraph (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

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by resolution of each House of Parliament.

Infringement: general

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 representation (of any kind)

in a manner likely to suggest to the public that there is an association

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between the London Olympics and—

(a)   

the goods or services, or

(b)   

a person who provides the goods or services.

      (2)  

Sub-paragraph (1) is subject to the provisions of this Schedule.

Infringement: presumption

40

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-

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.

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      (2)  

The combinations referred to in sub-paragraph (1) are combinations of—

 

 

London Olympics Bill
Schedule 3 — London Olympics Association Right

44

 

(a)   

any of the expressions in the first group, with

(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)—

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(a)   

“games”,

(b)   

“Two Thousand and Twelve”,

(c)   

“2012”, and

(d)   

“twenty twelve”.

      (4)  

The following expressions form the second group for the purposes of sub-

10

paragraph (2)—

(a)   

gold,

(b)   

silver,

(c)   

bronze,

(d)   

London,

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(e)   

medals,

(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.

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      (6)  

The Secretary of State may by order—

(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.

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      (7)  

An order under sub-paragraph (6)—

(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

30

by resolution of each House of Parliament.

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.

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      (2)  

The London Organising Committee shall make arrangements for the grant

of authorisations; and the arrangements may, in particular—

(a)   

make provision about charges;

(b)   

enable the Committee to exercise unfettered discretion (subject to

any direction under section 15 of the Olympic Symbol etc.

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(Protection) Act 1995 (c. 32) as applied by paragraph 10 below).

5     (1)  

The London Organising Committee shall maintain a register of persons, and

classes of person, authorised for the purposes of paragraph 4.

      (2)  

The register shall specify in respect of each authorised person—

 

 

London Olympics Bill
Schedule 3 — London Olympics Association Right

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(a)   

his name,

(b)   

his principal place of business,

(c)   

the goods or services to which the authorisation relates,

(d)   

the period in respect of which the authorisation has effect.

      (3)  

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

5

(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.

      (4)  

The London Organising Committee shall—

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(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

in the register.

      (5)  

The London Organising Committee may require a request under sub-

15

paragraph (4)(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

appropriate, and

(c)   

may not specify a fee which exceeds any maximum specified by

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order of the Secretary of State.

      (6)  

An order under sub-paragraph (5)(c)—

(a)   

may make different provision for different purposes,

(b)   

may include transitional provision,

(c)   

shall be made by statutory instrument, and

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(d)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

      (7)  

If a copy of the register or of an entry in the register issued by the London

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

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purposes of legal proceedings) unless the contrary is proved.

      (8)  

A request for a copy under sub-paragraph (4)(b) may require the copy to be

certified in accordance with sub-paragraph (7).

Infringement: other exceptions

6          

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

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mark registered under the Trade Marks Act 1994 (c. 26) in relation to goods

or services for which it is registered.

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,

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intended purpose, value, geographical origin, time of production of

goods or of rendering of services, or other characteristics of goods or

services,

(c)   

the use of a representation which is necessary to indicate the

intended purpose of a product or service;

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London Olympics Bill
Schedule 3 — London Olympics Association Right

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provided, in each case, that the use is in accordance with honest practices in

industrial or commercial matters.

8          

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

representation—

(a)   

as a necessary incident of publishing or broadcasting a report of a

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sporting or other event forming part of the London Olympics,

(b)   

as a necessary incident of publishing or broadcasting information

about the London Olympics, or

(c)   

as an inclusion in an advertisement for a publication or broadcast of

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

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9          

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

controlled representation in relation to goods if—

(a)   

they were put on the market in the European Economic Area in

accordance with an authorisation granted by the London Organising

Committee,

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(b)   

the representation was used in relation to the goods when they were

put on the market, and

(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

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put on the market).

Application of Olympic Symbol etc. (Protection) Act 1995

10    (1)  

The following provisions of the Olympic Symbol etc. (Protection) Act 1995

(c. 32) shall have effect (with any necessary modifications) in relation to the

London Olympics association right as they have effect in relation to the

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Olympics association right—

(a)   

section 2(2) to (4) (effect of right),

(b)   

section 3(2) (infringement: specific cases),

(c)   

section 4(11) to (14) (infringement: protection for existing rights),

(d)   

section 5 (power to prescribe further limitations),

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(e)   

section 6 (action for infringement),

(f)   

section 7 (orders in relation to infringing goods, &c.),

(g)   

section 15 (directions by Secretary of State), and

(h)   

section 16 (action for groundless threats).

      (2)  

In the application of provisions of that Act by virtue of sub-paragraph (1)—

35

(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—

(i)   

goods or services, or

(ii)   

a provider of goods or services,

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(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

reference to the commencement of this Schedule, and

(d)   

a reference to the Olympic Games or the Olympic movement or to

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the Paralympic Games or the Paralympic movement shall be taken as

a reference to the London Olympics.

 

 

London Olympics Bill
Schedule 3 — London Olympics Association Right

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      (3)  

In each case, a reference in sub-paragraph (1) to a provision of that Act is to

that provision as amended by Schedule 2 above.

 

 

 
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