奥林匹克标志保护实施细则1993， 澳大利亚

Contents

1 Name of Regulations [see Note 1] 3 2 Definitions 3 3 Application for registration of olympic design — fee 3 4 Application for extension of protection period — registered olympic designs: fee 3 5 Times for public inspection of Register 3 6 Correction of Register of Olympic Designs 4 6A Period for doing certain acts — office not open for business 4 6B Days when office not open for business 4 6C Period for doing certain acts — acts to which section 14A does not apply 4 7 Register of licences for copyright in the olympic symbol and for protected designs 5 8 Register of licences for use of protected olympic expressions 5 9 Period of effect of notice of objection to importation 5

Notes 6

Regulation 5

1 Name of Regulations [see Note 1]

These Regulations are the Olympic Insignia Protection Regulations 1993.

2 Definitions

In these Regulations: Act means Olympic Insignia Protection Act 1987. approved form means a form mentioned in subsection 14 (1) of

the Act. Designs Regulations means the Designs Regulations 1982.

3 Application for registration of olympic design — fee

For the purposes of paragraph 10 (2) (b) of the Act, the fee for an application for registration of an olympic design is an amount equal to the amount of the fee prescribed under regulation 4 of the Designs Regulations for the lodging of an application for the registration of a design.

4 Application for extension of protection period — registered olympic designs: fee

For the purposes of paragraph 11 (2) (b) of the Act, the fee for an application for extension of the protection period in relation to a registered olympic design is an amount equal to the amount of the fee prescribed under regulation 4 of the Designs Regulations for the lodging of a request for the second extension of the period of registration of a design.

5 Times for public inspection of Register

For the purposes of subsection 12 (3) of the Act, the times at which the Designs Office is open to the public in accordance with regulation 53 of the Designs Regulations are prescribed.

Regulation 6

(1)

On a request being made in the approved form, the Registrar may amend an entry in the Register of Olympic Designs for the purposes of correcting a clerical error or an obvious mistake.

(2)

The Registrar may, of his or her own initiative, amend an entry in the Register of Olympic Designs to correct a clerical error or an obvious mistake.

6A Period for doing certain acts — office not open for business

For subsection 14A (1) of the Act, the circumstance is that the act is done at the Designs Office.

Note Subsection 14A (1) provides as follows:

‘(1) If the last day of a period provided by this Chapter (except thissection), or regulations made for the purposes of this Chapter, for doing anact is a day when the Designs Office is not open for business, the act may be done in prescribed circumstances on the next day when the office is open for business.’.

6B Days when office not open for business

(1)

For paragraph 14A (2) (a) of the Act, the days on which the Designs Office is not open for business are:

(a)

Saturday; and

(b)

Sunday; and

(c)

Australia Day; and

(d)

Anzac Day.

(2)

For paragraph 14A (2) (b) of the Act, the Director General of IP Australia is a prescribed person.

(3)

For paragraph 14A (2) (b) of the Act, the prescribed way of publishing a declaration is in the Official Journal of Designs.

6C Period for doing certain acts — acts to which section 14A does not apply

For subsection 14A (7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.

Regulation 9

For subsection 18A (1) of the Act the particulars for a licence that are to be included in the Register are:

(a)

the name and address of the holder of the licence; and

(b)

the period for which the licence is granted; and

(c)

a description of the articles to which a protected design may be applied under the licence; and

(d)

if the licence relates to copyright in the olympic symbol, a statement to that effect; and

(e)

if the licence relates to a protected design:

(i)

a statement to that effect; and

(ii)

one or more representations of the design sufficient to give a true indication of the design.

8 Register of licences for use of protected olympic expressions

(1) For subsection 40 (1) of the Act, the particulars for a licence that are to be included in the Register are:

(a)

the name and address of the licensed user; and

(b)

the period for which the licence is granted; and

(c)

the protected olympic expressions that may be used under the licence; and

(d)

a description of the goods and services to which a protected olympic expression may be applied under the licence.

Note Subsection 28 (1) of the Act explains when an expression is applied to goods or services.

(2) In this regulation: licensed user has the meaning given by section 23 of the Act.

9 Period of effect of notice of objection to importation

For subsection 52 (5) of the Act, the period for a notice of objection to importation is 4 years beginning when the notice is given to the CEO in accordance with section 52 of the Act.

Notes to the Olympic Insignia Protection Regulations 1993

Table of Legislative Instruments

Notes to the Olympic Insignia Protection Regulations 1993

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted