Birmingham Commonwealth Games Act 2020

5 Exceptions to the prohibition on unauthorised association

Intellectual property rights

(1) Section 3(1) is not breached by—

(a) the use of a trade mark registered under the Trade Marks Act 1994 for goods or services for which it is registered;

(b) the use of a design registered under the Registered Designs Act 1949;

(c) the exercise of another intellectual property right subsisting immediately before the day on which this Act is passed.

Continuous use

(2) Section 3(1) is not breached by the use of a representation in any manner by a person acting in the course of a business if—

(a) immediately before 21 December 2017, the representation was used in that manner for the purpose of activities constituting the business, and

(b) the representation has continued to be used in that manner for that purpose since that day.

Fair use

(3) Section 3(1) is not breached by—

(a) the use by a person of the person’s name or address,

(b) the use of indications concerning—

(i) the kind, quality, quantity, intended purpose, value or geographical origin, or any other characteristic, of goods or services, or

(ii) the time of production of goods or of the provision of services, or

(c) the use of a representation for the purpose of identifying or referring to goods or services as those of a person authorised under section 4,

provided, in each case, that the use is in accordance with honest practices in industrial or commercial matters.

(4) Section 3(1) is not breached by the use of a representation—

(a) in a report of a Games event,

(b) for the purpose of sharing information about the Games,

(c) for the purpose of promoting—

(i) such a report, or

(ii) the sharing of such information, or

(d) as an incidental inclusion in a literary work, dramatic work, artistic work, sound recording, film or broadcast.

(5) Any reference in subsection (4) to a report of a Games event or the sharing of information about the Games does not include a reference to material that is published or broadcast for the purpose of promoting something other than the Games.

(6) Terms used in subsections (4)(d) and (5) and in Part 1 of the Copyright, Designs and Patents Act 1988 have the same meaning in those provisions as they have in that Part.

Dealings in authorised goods

(7) Section 3(1) is not breached by the use of a representation in relation to goods (the “current use”) if—

(a) the goods bear the representation,

(b) they were put on the market in accordance with an authorisation granted by the Organising Committee under section 4, and

(c) the current use is in accordance with that authorisation.

Organising Committee

(8) Section 3(1) is not breached by the use of a representation by the Organising Committee.

Information society services

(9) Schedule 1 contains exceptions relevant to providers of information society services.