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Major Sporting Events (Indicia and Images) Protection Act 2014, Australia
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Superseded Text
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Year of Version
2014
Dates
Adopted:
May 27, 2014
Type of Text
IP-related Laws
Subject Matter
Trademarks,
Competition,
Copyright and Related Rights (Neighboring Rights),
Enforcement of IP and Related Laws,
Other
Notes
The Major Sporting Events (indicia and Images) Protection Act 2014 was enacted on May 27, 2015, to target ambush marketing during specific major sporting events (Asian Football Confederation Asian Cup 2015, Cricket World Cup 2015 and Gold Coast 2018 Commonwealth Games). This Act supplements the existing legislation: Competition and Consumer Act 2010, Trade Marks Act 1995, Designs Act 2003 and Copyright Act 1968.
Section 16 of the Act prohibits the unlicensed commercial use of indicia or images associated with the event. The protection is in place for a specified period surrounding each event, commencing on July 1, 2014, and concluding on the following dates: Asian Football Confederation Asian Cup 2015 – June 30, 2015; Cricket World Cup 2015 – March 31, 2016; and Gold Coast 2018 Commonwealth Games – December 31, 2018. Section 14 provides for an exception to allow for the use of an events indicia or image for the provision of information, criticism or review.
Part 4 of the Act permits customs to seize infringing goods being imported into Australia for commercial use, in line with the Trade Marks Act 1995 and the Copyright Act 1968.
Part 5 of the Act lists injunctions, damages, an account of profits and corrective advertisements as potential remedies available to official users.
Schedules 1 – 3 contain a list of the protected words and phrases for each event, including variations and abbreviations of the event name.
Date of entry into force see Section 2 on Commencement for further details.
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Major Sporting Events (Indicia and Images) Protection Act 2014
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Related Legislation
Is superseded by (2 text(s))
Is superseded by (2 text(s))
WIPO Lex No.
AU388