Commonwealth Consolidated Acts

OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 12

             (1)  There shall be kept at the Designs Office a Register of Olympic Designs.

             (2)  The Registrar shall enter in the Register of Olympic Designs particulars of:

                     (a)  registered olympic designs; and

                     (b)  the end and extension of protection periods in relation to registered olympic designs; and

                    (ba)  registered torch and flame designs; and

                    (bb)  the end of protection periods in relation to registered torch and flame designs; and

                     (c)  any other prescribed matters.

             (3)  The Register of Olympic Designs shall be open to the inspection of the public at the times, and on payment of the fees (if any), prescribed for the purposes of this section.

             (4)  The regulations may make further provision with respect to the Register of Olympic Designs, including, but without limiting the generality of the foregoing, provision for the correction of errors in the Register of Olympic Designs.

             (5)  Section 36 of the Designs Act 1906 applies in relation to the Register of Olympic Designs in the same manner as it applies in relation to the Register of Designs.

             (6)  The Federal Court, on the application of a person aggrieved, may order the rectification of the Register of Olympic Designs by:

                     (a)  the making of any entry wrongly omitted to be made in the Register of Olympic Designs; or

                     (b)  the expunging or amendment of any entry wrongly made in or remaining on the Register of Olympic Designs; or

                     (c)  the correcting of any error or defect in the Register of Olympic Designs.

             (7)  Notice of each application under subsection (6) shall be given to the Registrar, who may be heard on the application.

             (8)  A copy of an order under subsection (6) shall be served on the Registrar, who shall, on receipt of the order, take such steps as are necessary to give effect to the order.

             (9)  A defendant in an action or proceeding for the infringement of the monopoly in a protected design may apply, by way of counter‑claim in the action or proceeding, for the rectification of the Register of Olympic Designs by the expunging of the entry of the registration of the design from the Register of Olympic Designs.