OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 2 Interpretation
OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 2
Interpretation(1) In this Chapter, unless the contrary intention appears:
"AOC" or Australian Olympic Committee means the Australian Olympic Committee Incorporated, being an association incorporated on 24 April 1985 under the Associations Incorporation Act 1981 of Victoria.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
"charge" means a charge created in any way and includes a mortgage and an agreement to give or execute a charge or mortgage, whether upon demand or otherwise.
"corresponding design" , in relation to an artistic work, means a design that, when applied to an article, results in a reproduction of that work.
"design of the olympic symbol" means the design that, when applied to any article, results in a reproduction of the olympic symbol.
"Federal Court" means the Federal Court of Australia.
"IOC" or International Olympic Committee means the organisation created by the Congress of Paris on 23 June 1894, being the organisation entrusted with the control and development of the modern Olympic Games.
"monopoly" , in relation to a protected design, means the exclusive right to apply the design to any article to which the design is capable of being applied.
"olympic artistic work" means:
(a) a prescribed olympic torch and flame; or
(b) an artistic work that incorporates either but not both of the following:
(ii) a prescribed olympic torch and flame.
(a) the motto expressed in Latin as citius, altius, fortius ; and
(b) the motto expressed in English as faster, higher, stronger .
"olympic symbol" means the symbol an outline of which is set out in the Schedule.
"prescribed olympic torch and flame" means an artistic work prescribed under section 2A.
"protected design" means each of the following:
(a) the design of the olympic symbol;
(b) a registered olympic design;
(c) a registered torch and flame design.
"protected trade mark" means a trade mark that contains, or consists of, any of the following signs or a sign so nearly resembling any of those signs as to be likely to be taken for that sign:
(c) if an artistic work of an olympic torch and flame is prescribed for the purposes of section 2A--the artistic work;
(d) if the design in relation to an artistic work is registered under this Act--the artistic work.
(a) in relation to a registered olympic design--the period of 12 years starting on the day the design was registered, as extended or reduced under section 11; or
(b) in relation to a registered torch and flame design for a particular Summer or Winter Olympic Games--the period starting:
(i) on the 1 January that is at least 3 years but less than 4 years before the opening of those Olympic Games; or
(ii) when the design is registered;
whichever is later, and ending on 31 December next after the closing of those Olympic Games, as reduced under section 11A.
"registered design" means a design registered under section 10.
"registered olympic design" means a design registered under this Act in relation to an artistic work that incorporates the olympic symbol.
"registered torch and flame design" means a design registered under this Act in relation to an artistic work that is or incorporates a prescribed olympic torch and flame.
"Registrar" means the Registrar of Designs holding office under the Designs Act 2003 .
"reproduction" , in relation to an artistic work, has the same meaning as in the Copyright Act 1968 .
"sign" has the same meaning as in the Trade Marks Act 1995 .
"trade mark" has the same meaning as in the Trade Marks Act 1995 .
(3) Unless the contrary intention appears, an expression used in
this Chapter and the Designs Act 2003 has the same meaning in this Chapter as
in the Designs Act 2003 .