The Olympics and Paralympics Association Rights (Infringement Proceedings) Regulations 1995

• Citation: S.I. 1995/3325
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as The Olympics and Paralympics Association Rights (Infringement Proceedings) Regulations 1995 and shall come into force on 12th January 1996.

(2) In these Regulations—

“the court”, unless the context otherwise requires, means—

in England and Wales and Northern Ireland, the High Court, and

in Scotland, the Court of Session; and

“ the Olympics association right ” means the Olympics association right or the Paralympics association right as the case may be.

Section 2 Order for erasure & c. of controlled representations

(1) Where a person is found to have infringed the Olympics association right the court may make an order requiring him—

(a) to cause the offending controlled representation to be erased, removed or obliterated from any infringing goods, material or articles in his possession, custody or control, or

(b) if it is not reasonably practicable for the offending controlled representation to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.

(2) If an order under paragraph (1) above is not complied with, or it appears to the court likely that such an order would not be complied with, the court may order that the infringing goods, material or articles be delivered to such person as the court may direct for erasure, removal or obliteration of the offending controlled representation or for destruction, as the case may be.

Section 3 Order for delivery up of infringing goods, material or articles

(1) The proprietor of the Olympics association right may apply to the court for an order for the delivery up to him, or such other person as the court may direct, of any infringing goods, material or articles which a person has in his possession, custody or control in the course of a business.

(2) An application shall not be made after the end of the period specified in regulation 4 (period after which remedy of delivery up is not available); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under regulation 5 (order as to disposal of infringing goods, etc.).

(3) A person to whom any infringing goods, material or articles are delivered up in pursuance of an order under this Regulation shall, if an order under regulation 5 is not made, retain them pending the making of an order, or the decision not to make an order, under that regulation.

(4) Nothing in this Regulation affects any other power of the court.

Section 4 Period after which remedy of delivery up is not available

(1) An application for an order under regulation 3 (order for the delivery up of infringing goods, material or articles) may not be made after the end of the period of six years from—

(a) in the case of infringing goods, the date on which the controlled representation was applied to the goods or their packaging,

(b) in the case of infringing material, the date on which the controlled representation was applied to the material, or

(c) in the case of infringing articles, the date on which they were made,

except as mentioned in the following provision.

(2) If during the whole or part of the relevant period in paragraph (1) above the proprietor of the Olympics association right—

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,

an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

(3) In paragraph (2) “disability”—

(a) in England and Wales, has the same meaning as in the Limitation Act 1980 ,

(b) in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973 ,

(c) in Northern Ireland, has the same meaning as in the Limitation (Northern Ireland) Order 1989 .

Section 5 Order as to the disposal of infringing goods, material or articles etc.

(1) Where infringing goods, material or articles have been delivered up in pursuance of an order under regulation 3, an application may be made to the court—

(a) for an order that they be destroyed or forfeited to such person as the court may think fit, or

(b) for a decision that no such order should be made.

(2) In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the Olympics association right would be adequate to compensate the proprietor and any licensee and protect their interests.

(3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the goods, material or articles, and any such person is entitled—

(a) to appear in proceedings for an order under this regulation, whether or not he was served with notice, and

(b) to appeal against any order made, whether or not he appeared,

and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(4) Where there is more than one person interested in the goods, material or articles, the court shall make such order as it thinks just.

(5) If the court decides that no order should be made under this Regulation, the person in whose possession, custody or control the goods, material or articles were before being delivered up is entitled to their return.

(6) In this Regulation, “ licensee ” means a person to whom the proprietor has given consent for the purposes of section 2(2)(b) of the Olympic Symbol etc. (Protection) Act 1995.

(7) References in this Regulation to a person having an interest in goods, material or articles include any person in whose favour an order could be made under—

(a) this Regulation,

(b) section 19 of the Trade Marks Act 1994 ... ,

(c) section 24D of the Registered Designs Act 1949,

(d) section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988, or

(e) regulation 1C of the Community Design Regulations 2005.

Section 6 Jurisdiction of sheriff court or county court in Northern Ireland

Proceedings for an order under regulation 3 (order for delivery up of infringing goods, material or articles) or regulation 5 (order as to disposal of infringing goods, etc.) may be brought—

(a) in the sheriff court in Scotland, or

(b) in a county court in Northern Ireland.