The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision with respect to orders which the court may make in relation to infringing goods, material or articles in an action for infringement of the London Olympics association right.

The London Olympics association right consists of the rights and remedies conferred by Schedule 4 to the London Olympic Games and Paralympic Games Act 2006 (“the 2006 Act”) in relation to representations (of any kind) used in relation to goods or services in a manner likely to suggest to the public that there is an association between the London Olympic Games or Paralympic Games and the goods or services or a person who provides the goods or services. The London Olympics association right ceases to have effect on 31st December 2012 in accordance with section 40(8) of the 2006 Act.

Regulation 2 provides that the court may order the erasure of an offending representation from any infringing goods, material or articles or the destruction of the infringing goods, material or articles in question.

Regulation 3 provides that the London Organising Committee of the Olympic Games and Paralympic Games Limited (“LOCOG”) may apply to the court for an order that any infringing goods, material or articles be delivered up to it or such other person as the court directs.

Regulation 4 provides that LOCOG may apply to the court for an order that infringing goods, material or articles which have been delivered up in pursuance of an order under regulation 3 may be destroyed or forfeited. It also confers a power to make rules of court to provide for the notification of any persons who might have an interest in any such goods, material or articles.

The orders specified in these Regulations may be made by the High Court in England and Wales, the High Court in Northern Ireland, and the Court of Session in Scotland. Orders under regulation 3 or regulation 4 may also be made by the sheriff court in Scotland or a county court in Northern Ireland.

Regulation 6 amends 1995 Regulations relating the Olympics association right (created by the Olympic Symbol etc. (Protection) Act 1995). The amendments are necessary following the extension of the Olympic Symbol etc. (Protection) Act 1995 to the Paralympic Games and the amendment of provisions of the Trade Marks Act 1994 (upon which these Regulations and the 1995 Regulations are based).