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Australia

AU152

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Olympic Insignia Protection Amendment Regulations 2002 (No. 1) (Statutory Rules 2002 No. 12)

 AU152: Unfair Competition (Olympic Insignia), Regulations (Amendment), 14/02/2002, No. 12

Olympic Insignia Protection Amendment Regulations 2002 (No. 1) 1

Statutory Rules 2002 No. 122 __________________________________________________________________________________

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Olympic Insignia Protection Act 1987.

Dated 14 February 2002

PETER HOLLINGWORTH Governor-General

By His Excellency’s Command

IAN MACFARLANE Minister for Industry, Tourism and Resources

2

1 Name of Regulations

These Regulations are the Olympic Insignia Protection Amendment Regulations 2002 (No. 1).

2 Commencement

These Regulations commence on gazettal.

3 Amendment of Olympic Insignia Protection Regulations

Schedule 1 amends the Olympic Insignia Protection Regulations.

Schedule 1 Amendments (regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Olympic Insignia Protection Regulations 1993.

[2] Regulation 2

substitute

2 Definitions

In these Regulations:

Act means Olympic Insignia Protection Act 1987.

approved form means a form mentioned in subsection 14 (1) of the Act.

Designs Regulations means the Designs Regulations 1982.

[3] Regulation 6, heading

substitute

6 Correction of Register of Olympic Designs

[4] Subregulation 6 (1)

omit

Register

3

insert

Register of Olympic Designs

[5] Subregulation 6 (2)

omit

Register

insert

Register of Olympic Designs

[6] After regulation 6

insert

7 Register of licences for copyright in the olympic symbol and for protected designs

For subsection 18A (1) of the Act the particulars for a licence that are to be included in the Register are:

(a) the name and address of the holder of the licence; and

(b) the period for which the licence is granted; and

(c) a description of the articles to which a protected design may be applied under the licence; and

(d) if the licence relates to copyright in the olympic symbol, a statement to that effect; and

(e) if the licence relates to a protected design:

(i) a statement to that effect; and

(ii) one or more representations of the design sufficient to give a true indication of the design.

8 Register of licences for use of protected olympic expressions

(1) For subsection 40 (1) of the Act, the particulars for a licence that are to be included in the Register are:

(a) the name and address of the licensed user; and

(b) the period for which the licence is granted; and

(c) the protected olympic expressions that may be used under the licence; and

(d) a description of the goods and services to which a protected olympic expression may be applied under the licence.

Note Subsection 28 (1) of the Act explains when an expression is applied to goods or services.

4

(2) In this regulation:

licensed user has the meaning given by section 23 of the Act.

9 Period of effect of notice of objection to importation

For subsection 52 (5) of the Act, the period for a notice of objection to importation is 4 years beginning when the notice is given to the CEO in accordance with section 52 of the Act.

__________________________________________________________________________________

Notes

1. These Regulations amend Statutory Rules 1993 No. 234.

2. Notified in the Commonwealth of Australia Gazette on 21 February 2002.