Amendment of the Olympics Association Right (Infringement Proceedings) Regulations 19956

The Olympics Association Right (Infringement Proceedings) Regulations 1995 M1 are amended as follows—

a

in the title, for “Olympics Association Right” substitute “ Olympics and Paralympics Association Rights ”;

b

in regulation 1 (Citation, commencement and interpretation)—

i

in paragraph (1), for “Olympics Association Right” substitute “ Olympics and Paralympics Association Rights ”;

ii

for paragraph (2), substitute—

2

In these Regulations—

  • “the court”, unless the context otherwise requires, means—

    1. a

      in England and Wales and Northern Ireland, the High Court, and

    2. b

      in Scotland, the Court of Session; and

  • the Olympics association right” means the Olympics association right M2 or the Paralympics association right M3 as the case may be.

c

in regulation 2 (Order for erasure &c of controlled representations), omit the footnote for “Olympics association right”; and

d

in regulation 5 (Order as to the disposal of infringing goods, material or articles etc.), for paragraph (6), substitute—

6

In this Regulation, “licensee” means a person to whom the proprietor has given consent for the purposes of section 2(2)(b) of the Olympic Symbol etc. (Protection) Act 1995.

7

References in this Regulation to a person having an interest in goods, material or articles include any person in whose favour an order could be made under—

a

this Regulation,

b

section 19 of the Trade Marks Act 1994 M4 (including that section as applied by regulation 4 of the Community Trade Marks Regulations 2006 M5),

c

section 24D of the Registered Designs Act 1949 M6,

d

section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 M7, or

e

regulation 1C of the Community Design Regulations 2005 M8.