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Olympic Symbol etc. (Protection) Act 1995

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4Limits on effect

(1)The Olympics association right is not infringed by use of a controlled representation where—

(a)the use consists of use in a work of any of the descriptions mentioned in subsection (3) below, and

(b)the person using the representation does not intend the work to be used in relation to goods or services in circumstances which would involve an infringement of the Olympics association right,

provided the use is in accordance with honest practices in industrial or commercial matters.

(2)The Olympics association right is not infringed by use of a controlled representation where—

(a)the use consists of use of a work of any of the descriptions mentioned in subsection (3) below, and

(b)the use of the work is not in relation to goods or services,

provided the use of the representation is in accordance with honest practices in industrial or commercial matters.

(3)The descriptions of work referred to in subsections (1)(a) and (2)(a) above are a literary work, a dramatic work, a musical work, an artistic work, a sound recording, a film, a broadcast and a cable programme, in each case within the meaning of Part I of the [1988 c. 48.] Copyright, Designs and Patents Act 1988.

(4)For the purposes of subsection (2)(b) above, there shall be disregarded any use in relation to a work which—

(a)is of any of the descriptions mentioned in subsection (3) above, and

(b)is to any extent about the Olympic games or the Olympic movement.

(5)For the purposes of subsection (2)(b) above, use of a work in relation to goods shall be disregarded where—

(a)the work is to any extent about the Olympic games or the Olympic movement, and

(b)the person using the work does not do so with a view to gain for himself or another or with the intent to cause loss to another.

(6)In the case of a representation of a protected word, the Olympics association right is not infringed by use which is not such as ordinarily to create an association with—

(a)the Olympic games or the Olympic movement, or

(b)a quality ordinarily associated with the Olympic games or the Olympic movement.

(7)In the case of a representation of a protected word, the Olympics association right is not infringed by use which creates an association between the Olympic games or the Olympic movement and any person or thing where the association fairly represents a connection between the two, provided the use is in accordance with honest practices in industrial or commercial matters.

(8)The Olympics association right is not infringed by use of a controlled representation where—

(a)the use is in relation to goods which bear, or whose packaging bears, the representation,

(b)the goods are not infringing goods by virtue of paragraph (a) or (b) of section 7(2) below, and

(c)the use involves doing any of the things mentioned in section 3(2)(c) or (d) above.

(9)The Olympics association right is not infringed by use of a controlled representation where—

(a)the use is in relation to goods,

(b)the goods have been put on the market in the European Economic Area by the proprietor or with his consent, and

(c)the representation was used in relation to the goods when they were so put on the market.

(10)Subsection (9) above shall not apply where there exist legitimate reasons for the proprietor to oppose further dealings in the goods (in particular, where the condition of the goods has been changed or impaired after they have been put on the market).

(11)The Olympics association right is not infringed by use of a controlled representation where—

(a)the use is for the purposes of an undertaking, and

(b)the way in which the representation is used for the purposes of the undertaking is a way in which it has been continuously used for those purposes since a date prior to the commencement of this Act.

(12)In the case of a representation of a protected word, the Olympics association right is not infringed by use as part of—

(a)the name of a company, being a name which was the company’s corporate name immediately before the day on which this Act comes into force, or

(b)the name under which a business is carried on, being a business which was carried on under that name immediately before the day on which this Act comes into force.

(13)The Olympics association right is not infringed by use of a controlled representation where the use—

(a)takes place under a right subsisting immediately before the day on which this Act comes into force, or

(b)is liable to be prevented by virtue of such a right.

(14)The Olympics association right is not infringed by use of a controlled representation where the use—

(a)takes place under a right created by—

(i)the registration of a design under the [1949 c. 88.] Registered Designs Act 1949 on or after the day on which this Act comes into force, or

(ii)the registration of a trade mark under the [1994 c. 26.] Trade Marks Act 1994 on or after that day, or

(b)is liable to be prevented by virtue of such a right.

(15)The Olympics association right is not infringed by use of a controlled representation for the purposes of—

(a)judicial or parliamentary proceedings, or

(b)a Royal Commission or statutory inquiry.

(16)In subsection (15) above—

  • “judicial proceedings” includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or liabilities;

  • “parliamentary proceedings” includes proceedings of the Northern Ireland Assembly or of the European Parliament;

  • “Royal Commission” includes a Commission appointed for Northern Ireland by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the [1973 c. 36.] Northern Ireland Constitution Act 1973; and

  • “statutory inquiry” means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.

(17)In this section, references to use of a work in relation to goods include use of a work on goods.

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