AN ACT RESPECTING THE PROTECTION OF MARKS RELATED TO THE OLYMPIC GAMES AND THE PARALYMPIC GAMES AND PROTECTION AGAINST CERTAIN MISLEADING BUSINESS ASSOCIATIONS AND MAKING A RELATED AMENDMENT TO THE TRADE-MARKS ACT

S.C. 2007, c. 25

Section 1. Short title

This Act may be cited as the Olympic and Paralympic Marks Act.

Section 2.  

(1) Interpretation

  The following definitions apply in this Act.

(2) Words and expressions

  Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Trade-marks Act.

(3) Schedule 2 marks

  A mark set out in column 1 of Schedule 2 is considered not to be an Olympic or Paralympic mark after the corresponding expiry date set out in column 2.

Section 3.  

(1) Prohibited marks

  No person shall adopt or use in connection with a business, as a trade-mark or otherwise, an Olympic or Paralympic mark or a mark that so nearly resembles an Olympic or Paralympic mark as to be likely to be mistaken for it.

(2) Prohibited marks — translations

  No person shall use in connection with a business, as a trade-mark or otherwise, a mark that is a translation in any language of an Olympic or Paralympic mark.

(3) Exception

  Subsections (1) and (2) do not apply to an organizing committee, the COC or the CPC.

(4) Excepted uses

  Nothing in subsection (1) or (2) prevents

(5) Clarification

  For greater certainty, the use of an Olympic or Paralympic mark or a translation of it in any language in the publication or broadcasting of a news report relating to Olympic Games or Paralympic Games, including by means of electronic media, or for the purposes of criticism or parody relating to Olympic Games or Paralympic Games, is not a use in connection with a business.

(6) Clarification

  For greater certainty, the inclusion of an Olympic or Paralympic mark or a translation of it in any language in an artistic work, within the meaning of the Copyright Act, by the author of that work, is not in itself a use in connection with a business if the work is not reproduced on a commercial scale.

Section 4.  

(1) Prohibited acts

  No person shall, during any period prescribed by regulation, in association with a trade-mark or other mark, promote or otherwise direct public attention to their business, wares or services in a manner that misleads or is likely to mislead the public into believing that

(2) Use of expressions set out in Schedule 3

  In determining whether a person has acted contrary to subsection (1), the court shall take into account any evidence that the person has used, in any language,

(3) Proximity to mark

  The placement of an advertisement in proximity to published material — including material published electronically — that contains an Olympic or Paralympic mark or a translation of it in any language is not in itself an act contrary to subsection (1).

Section 5.  

(1) Remedies

  If a court finds, on application, that an act has been done contrary to section 3 or 4, it may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages, for the publication of a corrective advertisement and for the destruction, exportation or other disposition

(2) Application to court

  An application referred to in subsection (1) may be made

(3) No unreasonable refusal

  The authorization may not be unreasonably refused.

Section 6. Interim or interlocutory injunction

If an interim or interlocutory injunction is sought during any period prescribed by regulation in respect of an act that is claimed to be contrary to section 3 or 4, an applicant is not required to prove that they will suffer irreparable harm.

Section 7. Limitation period

No remedy may be awarded in respect of an act contrary to section 3 or 4 that was committed more than three years before the commencement of an action under subsection 5(1).

Section 8.  

(1) Detention and disposition of imported wares

  A court may, on application,

(2) An application referred to in subsection (1) may be made

   

(3) No unreasonable refusal

  The authorization may not be unreasonably refused.

(4) Application for detention order

  An application for an order under paragraph (1)(a) may be made either on notice or ex parte. In all cases, notice of such an application must be given to the Minister of Public Safety and Emergency Preparedness.

(5) Security

  Before making an order under paragraph (1)(a), the court may require the applicant to furnish security, in an amount fixed by the court,

(6) Application for directions

  The Minister of Public Safety and Emergency Preparedness may apply to the court for directions in implementing an order made under paragraph (1)(a).

(7) Permission to inspect

  The Minister of Public Safety and Emergency Preparedness may give the applicant or importer of the wares detained in accordance with an order made under paragraph (1)(a) an opportunity to inspect them for the purpose of substantiating, in the case of the applicant, or refuting, in the case of the importer, the applicant’s claim.

(8) Release of wares

  Unless an order made under paragraph (1)(a) provides otherwise, the Minister of Public Safety and Emergency Preparedness shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release, within the meaning of the Customs Act, the wares detained in accordance with the order without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (1)(a)(ii), that Minister has not been notified that an action has been commenced for an order under paragraph (1)(b).

Section 9. Exportation of wares

A court shall not make an order under subsection 5(1) or paragraph 8(1)(b) for the exportation of wares bearing an Olympic or Paralympic mark unless it includes, as a condition of the order, a requirement that the mark be removed from the wares before they are exported.

Section 10. Jurisdiction of Federal Court

The Federal Court has jurisdiction to entertain any action or proceeding for the enforcement of any of the provisions of this Act or of any right or remedy conferred or provided by this Act.

Section 11. Effect of public notice

For greater certainty, public notice by the Registrar of the adoption and use of a badge, crest, emblem or other mark in accordance with a request made under paragraph 9(1)(n) of the Trade-marks Act has no legal effect if, at the time of the request, the requester was prohibited under section 3 from adopting or using it.

Section 12.  

(1) Regulations

  The Governor in Council may, by regulation, on the recommendation of the Minister of Industry, prescribe periods for the purposes of paragraph 3(4)(a), subsection 4(1), paragraph 5(2)(a), section 6 and paragraph 8(2)(a).

(2) Orders

  The Governor in Council may, by order, on the recommendation of the Minister of Industry,

SCHEDULE 1

(Subsection 2(1) and paragraphs 3(4)(c) and (e) and 12(2)(a))

MARKS  




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