Olympic Insignia Protection Act 1987
No. 27, 1987
Compilation No. 20
Compilation date: 18 November 2023
Includes amendments up to: Act No. 91, 2023
Registered: 30 November 2023
About this compilation
This compilation
This is a compilation of the Olympic Insignia Protection Act 1987 that shows the text of the law as amended and in force on 18 November 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introduction
Part 1.1—Introduction
1 Short title
1A Simplified outline
Chapter 2—Copyright and design protection
Part 2.1—Introduction
2 Interpretation
2A Artistic work of olympic torch and flame may be prescribed
3 Act to bind Crown
4 Extension of Act to external Territories
Part 2.2—Copyright protection
5 Ownership etc. of copyright in the olympic symbol
Part 2.3—Design protection
6 Ownership of design of olympic symbol
7 Monopoly of design
8 Infringement of monopoly in protected design
9 Remedies for infringement of monopoly in protected design
9A Australian Consumer Law provides further remedies
10 Registration of designs
11 Extension or reduction of protection periods in relation to registered olympic designs
11A Reduction of protection periods for registered torch and flame designs
12 Register of Olympic Designs
13 Delegation
14 Approved forms
14A Doing act when Designs Office reopens after end of period otherwise provided for doing act
Part 2.4—Miscellaneous
15 Certain purported dispositions or charges to be void
16 Validation of certain licences
17 Application of the Copyright Act 1968
18 Protected designs not to be registered under the Designs Act 2003
18A AOC to maintain Register of licences
19 Use of protected trade mark contrary to law in certain circumstances
20 Preservation of certain existing rights
21
Overview
The Olympic Insignia Protection Act 1987 (Cth), enacted by the Commonwealth Parliament, was introduced to address the need for protecting the Olympic insignia, regulating the commercial use of certain Olympic expressions, and providing related protections. The Act aims to safeguard Australia's involvement and support in the global Olympic movement by facilitating the licensing revenue generation through the regulation of commercial use of expressions associated with the Olympic Games. The Act provides specific protections for the Olympic insignia, including the ownership of copyright and design protection for the Olympic symbol, and prohibits unauthorised use of the Olympic symbol, motto, and certain images. Furthermore, it regulates the commercial use of certain Olympic expressions, requiring licences for such use, and establishes enforcement mechanisms to prevent unauthorised use, including injunctions, corrective advertisements, damages, and the destruction or delivery of infringing goods. The Act also includes provisions for the seizure and forfeiture of goods, as well as remedies for unjustified threats of legal proceedings.
Scope and Application
The Olympic Insignia Protection Act 1987 applies to persons, entities, and industries related to the commercial use of expressions associated with the Olympic Games. Specifically, the Act protects the ownership and use of the Olympic insignia, including the Olympic symbol and design, by the Australian Olympic Committee (AOC). It grants the AOC exclusive rights over these insignia and prohibits unauthorized use by others. The Act also regulates the commercial use of certain Olympic expressions, requiring a license from the AOC for any such use, except for specified exemptions. The Act applies nationally across Australia, including its external territories, and extends to the waters above the continental shelf and the airspace above Australia and its continental shelf. There are no exclusions or thresholds explicitly stated in the text, but certain uses of Olympic expressions are exempt from the licensing requirements if they fall under specific conditions, such as factual references to past participation of Olympians or statements about past supply of goods or services to Olympic teams or Games. The Act extends its application through subordinate instruments, allowing for regulations that prescribe matters necessary for carrying out or giving effect to the Act.
Key Provisions
- The Olympic Insignia Protection Act 1987, as amended, primarily serves to protect the Olympic insignia and regulate the commercial use of certain Olympic expressions. The Act binds the Crown and extends its provisions to external territories. Under Chapter 2, the Australian Olympic Committee (AOC) is designated as the owner of the copyright in the Olympic symbol and has exclusive rights over the design of the Olympic symbol. It also mandates the AOC to register Olympic designs and manage their protection periods. The Act outlines infringement of the monopoly in protected designs, allowing for legal actions by the AOC or licensed users. Additionally, it prohibits the use of protected Olympic expressions for commercial purposes without a licence from the AOC, with specific exemptions for certain factual statements and services. The Act provides various remedies for infringements, including injunctions, corrective advertisements, damages, and account of profits, and includes provisions for the importation and seizure of goods bearing protected Olympic expressions. Offences and civil penalties are stipulated, with the maximum penalties not explicitly stated but typically involving fines or imprisonment under Australian law. The Act also ensures that existing rights and laws are preserved where possible, and it does not infringe on the implied freedom of political communication.
- Area of Law
- Intellectual Property Law
- Commercial Law
- Competition Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Commencement Provisions
- Extraterritorial Application
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Civil Penalty Provisions
- Transitional Provisions
- Offence Provisions
