Olympics Association Right (Infringement Proceedings) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/3325
Year1995
(1) These Regulations may be cited as The Olympics Association Right (Infringement Proceedings) Regulations 1995 and shall come into force on 12th January 1996.in England and Wales and Northern Ireland, the High Court, andin Scotland, the Court of Session.to cause the offending controlled representation to be erased, removed or obliterated from any infringing goods, material or articlesif 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.(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.in the case of infringing goods, the date on which the controlled representation was applied to the goods or their packaging,in the case of infringing material, the date on which the controlled representation was applied to the material, orin the case of

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