SCHEDULE 4London Olympics Association Right
Infringement: specific expressions
3
(1)
For the purpose of considering whether a person has infringed the London Olympics association right a court may, in particular, take account of his use of a combination of expressions of a kind specified in sub-paragraph (2).
(2)
The combinations referred to in sub-paragraph (1) are combinations of—
(a)
any of the expressions in the first group, with
(b)
any of the expressions in the second group or any of the other expressions in the first group.
(3)
The following expressions form the first group for the purposes of sub-paragraph (2)—
(a)
“games”,
(b)
“Two Thousand and Twelve”,
(c)
“2012”, and
(d)
“twenty twelve”.
(4)
The following expressions form the second group for the purposes of sub-paragraph (2)—
(a)
gold,
(b)
silver,
(c)
bronze,
(d)
London,
(e)
medals,
(f)
sponsor, and
(g)
summer.
(5)
It is immaterial for the purposes of this paragraph whether or not a word is written wholly or partly in capital letters.
(6)
The Secretary of State F1... may by order add, remove or vary an entry in either group of expressions.
(7)
An order under sub-paragraph (6)—
(a)
shall be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(8)
An order under sub-paragraph (6) which adds or varies an entry in a group of expressions may be made only if the Secretary of State F1... thinks it necessary in order to prevent commercial exploitation of the London Olympics.
(9)
Before laying a draft order in accordance with sub-paragraph (7)(b) the Secretary of State F1... shall consult—
(a)
one or more persons who appear to him to have relevant responsibility for regulating the advertising industry (including enforcing standards of professional conduct),
(b)
one or more persons who appear to him to represent the interests of the advertising industry,
(c)
the London Organising Committee, and
(d)
such other persons as he thinks appropriate.