2A

An order under subsection (2) above—

a

may appoint more than one person;

b

may make different appointments for different purposes;

c

may make provision for joint or concurrent exercise of rights;

d

may apply (with or without modifications) or make provision similar to a provision of section 23 of the Trade Marks Act 1994 (c. 26) (co-ownership).

1

A person does not infringe the Olympics association right (despite section 3) by the use of a controlled representation—

a

in publishing or broadcasting a report of a sporting or other event forming part of the Olympic Games,

b

in publishing or broadcasting information about the Olympic Games,

c

as an incidental inclusion in a literary work, dramatic work, artistic work, sound recording, film or broadcast, within the meaning of Part I of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright), or

d

as an inclusion in an advertisement for a publication or broadcast of a kind described in paragraph (a) or (b).

2

But the exceptions in subsection (1)(a) and (b) do not apply to advertising material which is published or broadcast at the same time as, or in connection with, a report or information.

3

A person does not infringe the Olympics association right by using a controlled representation in a context which is not likely to suggest an association between a person, product or service and the Olympic Games or the Olympic movement; and for the purpose of this subsection—

a

the concept of an association between a person, product or service and the Olympic Games or the Olympic movement includes, in particular—

i

any kind of contractual relationship,

ii

any kind of commercial relationship,

iii

any kind of corporate or structural connection, and

iv

the provision by a person of financial or other support for or in connection with the Olympic Games or the Olympic movement, but

b

a person does not suggest an association with the Olympic Games or the Olympic movement only by making a statement which—

i

accords with honest practices in industrial or commercial matters, and

ii

does not make promotional or other commercial use of a protected word by incorporating it in a context to which the Olympic Games and the Olympic movement are substantively irrelevant.

4

The Secretary of State may by order specify what is to be or not to be treated for the purposes of subsection (3) as an association between a person, product or service and the Olympic Games or the Olympic movement; and an order under this subsection—

a

may include incidental, consequential or transitional provision (which may include provision amending subsection (3)(a) or (b)),

b

shall be made by statutory instrument, and

c

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

5

A person does not infringe the Olympics association right by using a controlled representation in relation to goods if—

a

they were put on the market in the European Economic Area by the proprietor or with his consent,

b

the representation was used in relation to the goods when they were put on the market, and

c

the proprietor does not oppose further dealings in the goods for legitimate reasons (including, in particular, that the condition of the goods has been changed or impaired after they were put on the market).

4

An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

“the Paralympic Games” means the events known by that name and organised by the International Paralympic Committee;

“Paralympic motto” means the motto of the International Paralympic Committee — “Spirit in Motion”;

“Paralympic symbol” means the symbol of the International Paralympic Committee which the Secretary of State shall set out in an order made by statutory instrument (which shall be laid before Parliament after being made).

2

For the purposes of this Act—

a

each of the following is a protected word in relation to the Olympics association right—

i

Olympiad,

ii

Olympiads,

iii

Olympian,

iv

Olympians,

v

Olympic, and

vi

Olympics, and

b

each of the following is a protected word in relation to the Paralympics association right—

i

Paralympiad,

ii

Paralympiads,

iii

Paralympian,

iv

Paralympians,

v

Paralympic, and

vi

Paralympics.

5

The Secretary of State may by order amend this section to reflect a change of motto or symbol of the International Olympic Committee or the International Paralympic Committee.

6

An order under subsection (5)—

a

may include incidental, consequential or transitional provision (which may include provision similar to section 4(11) to (14) above),

b

shall be made by statutory instrument, and

c

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8BArrest

1

After paragraph 21 of Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable offences) add—

21AOlympic Symbol etc. (Protection) Act 1995

An offence under section 8 of the Olympic Symbol etc. (Protection) Act 1995 (offences in relation to goods).

2

A constable in Scotland may arrest without warrant a person who the constable reasonably believes is committing or has committed an offence under section 8 of the Olympic Symbol etc. (Protection) Act 1995.

3

Subsection (2) is without prejudice to any power of arrest which is otherwise exercisable by a constable in Scotland.

12ADetention by Revenue and Customs

1

The proprietor may give notice in writing to the Commissioners for Her Majesty's Revenue and Customs—

a

stating that at a time and place specified in the notice, goods which are infringing goods, material or articles are expected to arrive in the United Kingdom—

i

from outside the European Economic Area, or

ii

from within the Area but not having been entered for free circulation,

b

specifying the nature of the controlled representation by reference to which the goods are infringing goods, material or articles, and

c

requesting the Commissioners to detain the goods.

2

The Commissioners may detain goods to which a notice under subsection (1) relates.

3

But the Commissioners may not detain goods—

a

imported by a person for his private and domestic use, or

b

to which section 89(3) of the Trade Marks Act 1994 applies (Council Regulation (EC) No. 1383/2003).

4

If the Commissioners detain goods to which a notice under subsection (1) applies they shall as soon as is reasonably practicable—

a

give written notice of the detention and the grounds for it to the person in whose name the goods were presented or declared to customs, and

b

give the proprietor notice that the goods have been detained, specifying in respect of the goods such information as is available to the Commissioners about—

i

the nature of the goods,

ii

their number,

iii

the place where they were manufactured,

iv

the place from which they were sent,

v

the name and address of the person by whom they were sent,

vi

the name and address of the person mentioned in paragraph (a),

vii

the name and address of the person to whom they were to be delivered, and

viii

the name and address of the person who holds them during detention.

5

The Commissioners may provide samples of detained goods to the proprietor on request, in which case he—

a

may use the samples only for the purpose of determining whether they are infringing goods, material or articles,

b

must return the samples to the Commissioners as soon as is reasonably practicable, and

c

must inform the Commissioners as soon as is reasonably practicable whether the goods are infringing goods, material or articles.

6

The Commissioners may permit the proprietor on request to inspect detained goods (in which case he must inform the Commissioners as soon as is reasonably practicable whether the goods are infringing goods, material or articles).

7

The Commissioners shall release goods detained in pursuance of a notice under subsection (1) if—

a

the Commissioners think that initiating process in proceedings under section 6 in respect of the goods has not been served during the period of 10 working days, in the case of non-perishable goods, or 3 working days, in the case of perishable goods, beginning with the date on which the notice under subsection (4)(b) was received,

b

the Commissioners think that proceedings under section 6 in respect of the goods have been withdrawn, have lapsed or have terminated without an order being made in respect of the goods by virtue of section 7, or

c

the Commissioners are informed by the proprietor that the goods are not infringing goods, material or articles.

8

The Commissioners may detain goods which they think, having regard to the nature of the goods and to information provided by the proprietor, may be infringing goods, material or articles; and if the Commissioners detain goods under this subsection—

a

they shall as soon as is reasonably practicable invite the proprietor to give the Commissioners a notice that the goods are infringing goods, material or articles,

b

they shall, when giving an invitation under paragraph (a), give in respect of the goods such information as is available to them about—

i

the nature of the goods,

ii

their number,

iii

the place where they were manufactured,

iv

the place from which they were sent,

v

the name and address of the person by whom they were sent,

vi

the name and address of the person in whose name the goods were presented or declared to customs,

vii

the name and address of the person to whom they were to be delivered, and

viii

the name and address of the person who holds them during detention,

c

they may provide samples of the goods to the proprietor on request in which case he —

i

may use the samples only for the purpose of determining whether they are infringing goods, material or articles,

ii

must return the samples to the Commissioners as soon as is reasonably practicable, and

iii

must inform the Commissioners as soon as reasonably practicable whether the goods are infringing goods, material or articles,

d

they may permit the proprietor on request to inspect the goods (in which case he must inform the Commissioners as soon as reasonably practicable whether the goods are infringing goods, material or articles),

e

if no notice is given in accordance with paragraph (a) within the period of 3 working days beginning with the date on which the invitation under that paragraph is received, the Commissioners shall release the goods, and

f

if a notice is given in accordance with paragraph (a), the Commissioners shall proceed as if it were a notice given under subsection (1) above (and as if the goods were detained in pursuance of that notice), but—

i

subsections (4)(b), (5) and (6) shall not have effect, and

ii

subsection (7) shall have effect as if the reference to the notice under subsection (4)(b) were a reference to information under paragraph (b) above.

12BSection 12A: supplementary

1

Section 90 of the Trade Marks Act 1994 (c. 26) (regulations as to form of notice, &c.) shall have effect in relation to a notice under subsection 12A(1) or (8)(a) above as in relation to a notice under section 89(1).

2

A person who is or was an officer or employee of the proprietor, or who acts or acted on the proprietor's behalf, commits an offence if he discloses information provided in accordance with section 12A(4)(b) or 12A(8)(b) other than—

a

for the purpose of, or with a view to the institution of, proceedings under section 6,

b

for the purpose of complying with an enactment,

c

in pursuance of an order of a court,

d

in a form which ensures that the identity of no person to whom the information relates is specified or can be deduced,

e

with the consent of each person to whom the information relates, or

f

with the consent of the Commissioners for Her Majesty's Revenue and Customs;

and sections 19(3), (4), (7) and 55(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (defences and penalties) shall have effect in relation to this subsection.

3

Section 139(1), (2), (3), (4), (7) and (8) of the Customs and Excise Management Act 1979 (detention of goods: constables, &c.) shall apply in relation to goods liable to detention in accordance with section 12A above as in relation to things liable to forfeiture—

a

with the substitution of a reference to this Act for a reference to the customs and excise Acts, and

b

with any other necessary modifications.

4

Section 144 of that Act (protection of officers) shall apply in relation to the detention of goods in accordance with section 12A above—

a

with the substitution of a reference to proceedings under section 6 above for the reference in section 144(1) to proceedings for condemnation, and

b

with any other necessary modifications.

5

In section 12A “working day” means a day that is not a Saturday, a Sunday or a bank holiday (within the meaning of section 1 of the Banking and Financial Dealings Act 1971 (c. 80)).