Olympics Association Right (Infringement Proceedings) Regulations 1995
| Year | 1995 |
1995 No. 3325
TRADE MARKS
COMMERCIAL PROPERTY
The Olympics Association Right (Infringement Proceedings) Regulations 1995
Made 20th December 1995
Laid before Parliament 22th December 1995
Coming into force 12th January 1996
The Secretary of State for National Heritage as respects England, Wales and Northern Ireland and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred on them by section 7(1) of the Olympic Symbol etc. (Protection) Act 19951and of all other powers enabling them in that behalf, hereby make the following Regulations—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as The Olympics Association Right (Infringement Proceedings) Regulations 1995 and shall come into force on 12th January 1996.
(2) In these Regulations the expression “the court” shall, unless the context otherwise requires, mean—
(a)
(a) in England and Wales and Northern Ireland, the High Court, and
(b)
(b) in Scotland, the Court of Session.
Order for erasure & c. of controlled representations
2.—(1) Where a person is found to have infringed the Olympics association right2the court may make an order requiring him—
(a)
(a) to cause the offending controlled representation to be erased, removed or obliterated from any infringing goods, material or articles3in his possession, custody or control, or
(b)
(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.
Order for delivery up of infringing goods, material or articles
3.—(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.
Period after which remedy of delivery up is not available
4.—(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)
(a) in the case of infringing goods, the date on which the controlled representation was applied to the goods or their packaging,
(b)
(b) in the case of infringing material, the date on which the controlled representation was applied to the material, or
(c)
(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)
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