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

Amendment of the Olympics Association Right (Infringement Proceedings) Regulations 1995 U.K.

6.  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—

  (a)

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

  (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 .”.

Marginal Citations

M1 S.I. 1995/3325.

M2 The Olympics association right is the right constituted under section 1(1) of the Olympic Symbol etc. (Protection) Act 1995.

M3 The Paralympics association right is the right constituted under section 5A of the Olympic Symbol etc. (Protection) Act 1995. Section 5A was inserted by paragraph 6 of Schedule 3 to the London Olympic Games and Paralympic Games Act 2006 (c. 12).

M4 1994 c. 26; section 19 was amended by paragraph 16 of Schedule 2 to the Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028).

M5 S.I. 2006/1027; regulation 4 was amended by regulation 2 of the Community Trade Marks (Amendment) Regulations 2008 (S.I. 2008/1959).

M6 1949 c. 88; section 24D was inserted by paragraph 3 of Schedule 1 to the Intellectual Property (Enforcement, etc.) Regulations 2006.

M7 1988 c. 48; sections 114, 204 and 231 were amended by paragraphs 7, 11 and 14 of Schedule 2 to the Intellectual Property (Enforcement, etc.) Regulations 2006 respectively; section 204 was also amended by paragraph 8 of the Schedule to the Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18); and section 231 was also amended by Schedule 4 to the Intellectual Property (Enforcement, etc.) Regulations 2006.

M8 S.I. 2005/2339; regulation 1C was inserted by paragraph 9 of Schedule 3 to the Intellectual Property (Enforcement, etc.) Regulations 2006.