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| | | (c) | specify a date on which the modified scheme is to take effect if |
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| | | approved by the Secretary of State. |
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| | | (3) | The Secretary of State may not require a specified person to modify a scheme |
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| | | (a) | he has consulted any person whom he thinks may be affected by the |
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| | | (b) | the Mayor of London consents.’. |
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| | Page 44, line 27 [Schedule 3], leave out paragraph (a). |
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| | Page 44, line 28 [Schedule 3], at end insert— |
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| | | ‘(aa) | may be made only after consultation with persons appearing to the |
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| | | Secretary of State to represent the interests of persons within the |
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| | | advertising business and those who have a relevant responsibility for |
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| | | regulating the advertising industry,’. |
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| | Page 44, line 31 [Schedule 3], at end insert— |
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| | | ‘(8) | An order under sub-paragraph (6)(a) which adds or varies an entry in a group |
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| | | of expressions may be made only if the Secretary of State thinks it necessary |
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| | | in order to prevent commercial exploitation of the London Olympics. |
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| | | (9) | An order under sub-paragraph (6)(b) may be made only if the Secretary of |
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| | | State thinks it necessary in order to prevent commercial exploitation of the |
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| | Page 46, line 4 [Schedule 3], at end insert ‘in any editorial usage including without |
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| | Page 46, line 5 [Schedule 3], leave out ‘as a necessary incident’ and insert ‘in the |
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| | Page 46, line 7 [Schedule 3], leave out ‘as a necessary incident’ and insert ‘in the |
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| | Page 46, line 8 [Schedule 3], leave out ‘about the London Olympics’ and insert |
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| | ‘including news and current affairs’. |
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| | Page 46, line 8 [Schedule 3], after ‘Olympics,’ insert— |
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| | | ‘(ba) | as an incidental inclusion in a literary work, dramatic work, artistic |
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| | | work, sound recording, film or broadcast, within the meaning of Part |
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| | | I of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright),’. |
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| | Page 46, line 8 [Schedule 3], at end insert— |
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| | | ‘( ) | for the purposes of criticism and review, or’. |
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| | Page 46, line 12 [Schedule 3], leave out ‘controlled’. |
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| | Page 46, line 21 [Schedule 3], at end insert— |
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| | | 9A | The London Olympics association right shall have effect from 31st December |
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| | | 2007 and shall expire in accordance with the provisions of this Act on 31st |
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| | Page 46, line 21 [Schedule 3], at end insert— |
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| | | ‘Groundless threats of legal proceedings |
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| | | 9A (1) | Where the London Organising Committee, the British Olympic Association or |
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| | | a person authorised under paragraph 4 threatens any other person or company |
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| | | with proceedings for infringement of the London Olympics association right, |
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| | | any person aggrieved by the threat may bring an action against the London |
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| | | Organising Committee, the British Olympic Association or the authorised |
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| | | person (as the case may be) for any such relief as is mentioned in sub- |
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| | | (2) | Subject to sub-paragraph (3), the claimant shall be entitled to the following |
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| | | (a) | a declaration to the effect that the threats are unjustifiable; |
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| | | (b) | an injunction against the continuance of the threats; and |
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| | | (c) | such damages, if any, as he has reasonably sustained by reason of the |
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| | | (3) | If the defendant proves that the acts in respect of which proceedings were |
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| | | threatened constitute or, if done, would constitute an infringement of the |
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| | | London Olympics association right, the claimant shall not be entitled to the |
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| | | |
| | | (4) | An action may not be brought under this paragraph if the person who made the |
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| | | threat has made an application, or brought an action, for an infringement of the |
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| | | London Olympics association right against the threatened person in relation to |
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| | | the act, or proposed act, to which the threat related. |
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| | | (5) | An action under this paragraph may not be continued if the person who made |
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| | | the threat makes an application, or brings an action, for an infringement of the |
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| | | London Olympics association right against the threatened person in relation to |
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| | | the act, or proposed act, to which the threat related. |
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| | | (6) | If the defendant would be entitled to make an application, or bring an action, |
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| | | against a person for an infringement of the London Olympics association right, |
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| | | the defendant may, in an action under sub-paragraph (1), make a counterclaim |
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| | | for any relief to which the defendant would be entitled.’. |
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| | | Bill read the third time, and passed. |
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