World Intellectual Property Organization

Barbados

Protection of the Olympic Symbol Act, Cap. 315A

 

 


L.R.O. 1987 Protection of the Olympic Symbol CAP. 31SA

1

CHAPTER 31SA

PROTECTION OF THE OLYMPIC SYMBOL

ARRANGEMENT OF SECTIONS

SECTION

  1. Short title.

  2. Definition.

  3. Olympic Symbol.

  4. Prohibition.

  5. Prior registration or use.

  6. Derived right.

  7. Use by media.

  8. Suspension of prohibition.

  9. Civil remedies.

  10. Penalty.

SCHEDULE

11IE LAWS OF BARBADOS PrlnIl4 by till GoYlfnmeat PrlntlJll Deputment. Bay Str .. t. St. Mlcbul. by till authority or the Government of Barbadol

3 L.R.O.1987 Protection of the Olympic Symbol CAr.315A ss.1-6

CHAPTER. 31SA

PROTECTION OF THE OLYMPIC SYMBOL

AnAct to give effect to the Nairobi Treaty on the Protection of the 1985-26. Olympic Symbol.

[1st .":'anuary, 1986] Commencement.

S.l. 19851

214.

1. This Act may be cited as th Protection of the Olympic Short title. SymbolAct.

2. For the purposes of this Act, "mark" has the meaning Dclinition. Cap. 319.

assigned to it by section 2 of the Trade Marks Act.

3. For the purposes of this Act, the Olympic Symbol comprises Olympic Symbol

five interlaced rings, whether delineated in a single coll)ur or in

ScbeduJe.

different colours, as shown in the Schedule.

4. No mark comprising or containing the Olympic Symbol Prohibimay e registered under the Tr.ade Marks Act, ?r usd for c0D?--g:: 319

. merclal purposes as a mark or sIgn, unless ItS registratIon or use IS authorised by or on behalf of the International Olympic Committee.

.

5. (1) The registration of a mark mentioned in section 4 be-Prirregisfore the 1st January, 1986 of this Act is not invalidated by that :: section.

(2)
Where, before lst January, 1986 any person was !a,yfully using a mark mentioned in section .:i for commer.cial purposes, the continued use of that mark is not affected by section 4.
6. Any person entitled to use a ma.rk pursua:1t to subsl!ction Derived right.
(2)
of section 5 may authorise anotcer person to use the mark;

111! LA'A'! OF !lA!tMDOS PrLI\Ied by tht Gowna_t Prinlinl Depertm.nt. lIoy !uHt. r.t. UIcJoJlel. by till lulllonly of the Gomnmillt of Drb.dOl

ss.7-10 CAP.31SA Protection o!the Olympic Symbol L.R.O.1987 4

Use by

media.

Suspension of prohibition.

Civil remedies.

Penalty.

and use by the other person shall be considered as use by the person entitled under that subsection.

  1. The use by the media of the Olympic Symbol is permissible where the symbol is used only for the purpose of informing the public about the Olympic movement and the activities of the International Olympic Committee and the Barbados Olympic Committee.

  2. (1) The Minister responsible for Industry, may by order suspend section 4 where there is no agreement in force between the International Olympic Committee and the Barbados Olympic Committee

(a)
respecting the conditions subject to which the International Olympic Committee will authorise the use of the Olympic Symbol in Barbados; and
(b)
respecting the share of the Barbados Olympic Committee in any revenue obtained by the International Olympic Committee for authorising the use of the Olympic Symbol.
(2)
The registration or use of a mark referred to in section 4 is permissible only during the period for which section 4 is suspended pursuant to an order made under subsection (1); and any such registration or use is invalid and is contrary to section 4.

9. (1) Any interested person may institute proceedings in the High Court to recover damages for the use of a mark contrary to section 4.

(2) The court may, in addition to awarding damages under

sUbsection (1), grant an injunction prohibiting any person from

continuing any contravention of section 4.

10. Any person who contravenes section 4 is, in addition to any award made or injunction granted under section 8, liable on summary conviction to a fine ofSS 000 or to imprisonment for 1 year or both.

5 L.R.O. 1987 Protection of the Olympic Symbol CAP. 3ISA

SCHEDULE.

(Section 3)

11IE LAWS OF BARBADOS PrInted by tile Go""nmellt Prlnlm, Deparlmenl, Bay SUN!, St. MlcIu, by tho authority of the Go_nmen! of Barbadol