Contents
1 Name of
Regulations [see Note 1] 3
2 Definitions 3
3 Application for registration of
olympic design — fee 3
4 Application for extension of
protection period — registered olympic designs: fee 3
5 Times for public inspection of
Register 3
6 Correction of Register of Olympic
Designs 4
6A Period for doing certain acts —
office not open for business 4
6B Days when office not open for
business 4
6C Period for doing certain acts —
acts to which section 14A does not apply 4
7 Register of licences for copyright
in the olympic symbol and for protected designs 5
8 Register of licences for use of
protected olympic expressions 5
9 Period of effect of notice of
objection to importation 5
Notes 6
1 Name
of Regulations [see Note
1]
These Regulations are the Olympic Insignia
Protection Regulations 1993.
2 Definitions
In these Regulations:
Act means Olympic Insignia Protection Act
1987.
approved form means a form mentioned in
subsection 14 (1) of the Act.
Designs Regulations means the Designs
Regulations 1982.
3 Application
for registration of olympic design — fee
For the purposes of paragraph 10 (2) (b) of the Act,
the fee for an application for registration of an olympic design is an amount
equal to the amount of the fee prescribed under regulation 4 of the Designs
Regulations for the lodging of an application for the registration of a design.
4 Application
for extension of protection period — registered olympic designs: fee
For the purposes of paragraph 11 (2) (b) of the
Act, the fee for an application for extension of the protection period in
relation to a registered olympic design is an amount equal to the amount of the
fee prescribed under regulation 4 of the Designs Regulations for the lodging of
a request for the second extension of the period of registration of a design.
5 Times
for public inspection of Register
For the purposes of subsection 12 (3) of the Act,
the times at which the Designs Office is open to the public in accordance with
regulation 53 of the Designs Regulations are prescribed.
6 Correction
of Register of Olympic Designs
(1) On a request being made in the approved form, the
Registrar may amend an entry in the Register of Olympic Designs for the
purposes of correcting a clerical error or an obvious mistake.
(2) The Registrar may, of his or her own initiative,
amend an entry in the Register of Olympic Designs to correct a clerical error
or an obvious mistake.
6A Period
for doing certain acts — office not open for business
For subsection 14A (1) of the Act, the
circumstance is that the act is done at the Designs Office.
Note Subsection 14A (1) provides as
follows:
‘(1) If the last day of a period provided by this Chapter
(except this section), or regulations made for the purposes of this Chapter,
for doing an act is a day when the Designs Office is not open for business, the
act may be done in prescribed circumstances on the next day when the office is
open for business.’.
6B Days
when office not open for business
(1) For paragraph 14A (2) (a) of the
Act, the days on which the Designs Office is not open for business are:
(a) Saturday; and
(b) Sunday; and
(c) Australia Day; and
(d) Anzac Day.
(2) For paragraph 14A (2) (b) of the Act, the
Director General of IP Australia is a prescribed person.
(3) For paragraph 14A (2) (b) of the Act, the
prescribed way of publishing a declaration is in the Official Journal of
Designs.
6C Period for doing certain acts — acts
to which section 14A does not apply
For subsection 14A (7) of the Act, an act
done in relation to proceedings in a court or a tribunal is prescribed.
7 Register
of licences for copyright in the olympic symbol and for protected designs
For subsection 18A (1) of the Act the
particulars for a licence that are to be included in the Register are:
(a) the name and address of the holder of the
licence; and
(b) the period for which the licence is granted;
and
(c) a description of the articles to which a
protected design may be applied under the licence; and
(d) if the licence relates to copyright in the
olympic symbol, a statement to that effect; and
(e) if the licence relates to a protected
design:
(i) a statement to that effect; and
(ii) one or more representations of the
design sufficient to give a true indication of the design.
8 Register
of licences for use of protected olympic expressions
(1) For subsection 40 (1) of the Act, the
particulars for a licence that are to be included in the Register are:
(a) the name and address of the licensed user;
and
(b) the period for which the licence is granted;
and
(c) the protected olympic expressions that may
be used under the licence; and
(d) a description of the goods and services to
which a protected olympic expression may be applied under the licence.
Note Subsection 28 (1) of the Act
explains when an expression is applied to goods or services.
(2) In this regulation:
licensed user has the meaning given by
section 23 of the Act.
9 Period
of effect of notice of objection to importation
For subsection 52 (5) of the Act, the period
for a notice of objection to importation is 4 years beginning when the notice
is given to the CEO in accordance with section 52 of the Act.