IP/N/1/ AUS/1/4 ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 3 de octubre de 1996 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio (96-4001) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Australia 
En el presente documento se reproducen las siguientes leyes y reglamentos 1, que Australia ha 
notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/l/AUS/1/Rev.l). 
Ley de Protección de las Insignias Olímpicas, de 1987 
Ley de Modificación de la Protección de las Insignias Olímpicas 
Reglamento de la Protección de las Insignias Olímpicas 
1Inglés solamente. Página 
2 
10 
16 IP/N/1/ AUS/I/4 
Page 2 
Olympic Insignia Protection Act 1987 
Short title 
lnterpretation 
Act to bind Crown No. 27 of 1987 
TABLE OF PROVISIONS 
PART 1-PRELIMINARY 
Section 
l. 
2. 
3. 
4. Extension of Act to externa! Territories 
PART JI-COPYRIGHT PROTECTION 
5. Ownership, &c., of copyright in the oJympic symbol 
PART 111-DESIGN PROTECTION 
6. Ownership of protected design 
7. Monopoly of design 
8. lnfringemcnt of monopoly in protected design 
9. Remedies for infringernent of monopoly in protected design 
1 O. Registration of olympic designs . 
11. Extension or reduction of protection pcriods in relation to registcred olympic dcsign~ 
12. Register of Olympic Dcsigns 
13. Delegation 
J 4. Approvcd forms 
PART IV-MISCELLANEOUS 
15. Certain purported dispositions or charges to be void 
16. Varidation of certain licences 
17. Application of the Copyright Acr 1968 
18. Protected designs not to be registered under the Design.s Act 1906 
19. Certain marks nol to be rcgistered under the Trade Marks Act 1955 
20. Prcscrvation of certain existing rights 
21. Compensation for acquisition of property 
22. ReguJations 
SCHEDULE 
OUTLINE OF THE OL YMPIC SYMBOL IP/N/1/ AUS/1/4 
Page 3 
Olympic Insignia Protection Act 1987 
No. 27 of 1987 
An Act to make provision for the protection of the olympic 
insignia, and f or related purposes 
[Assented to 26 May 1987] 
[Date of commencement 23 June 1987] 
BE IT ENACTED by the Queen, and the-Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
PART 1-PRELIMINARY 
Short title 
5 l. This Act may be cited as the 0/ympic Insignia Protection Act 1987. 
Interpretation 
2. ( 1) In this Act, unless the contrary intention appears-
"Australia ", when used in a geographical sense, includes the externa! 
Territories; 
1 O "charge" mea ns a charge created in any way and in eludes a mortgage 
and an agreement to give or execute a charge or mortgage, whether 
upon demand or otherwise; 2 OTympic Insignia Protection No. 27. /987 
"corresponding design ''. in relation to an artistic work, mcans a design 
that, when applied to an article, results in a reproduction of that 
work; 
"dcsign of the olympic symbol'' means the design that, when applied to 
any articlc, rcsults in a rcproduction of thc olympic symbol; 5 
"Federal Court" meaos the Federal Court of Australia; 
"Fcderation" means the Austratian Olympic Fedcration lncorporated, 
bcing an association incorporated on 24 April 1985 under the 
Associations lncorporation Act 1981 of Victoria; 
"monopoly", in relation to a protected design, meaos the exclusive right to 
to apply thc dcsign to any article to which the design is capablc of 
being applied; 
"oJympic motto" means the motto "citius, altius, fortius"; 
"olympic symbol" means the symbol an outline of which is set out in 
the Schedule; 15 
"protected design" mea ns-
(a) the design of thc olympic symbol; and 
(b) a registered o1ympic design; 
"protection period''. in rclntion to a registered olympic design, means 
the period of 12 ycars commencing on thc day the design was 20 
rcgistered, as extended or reduccd under section 11; 
"rcgistcred olympic design" means n design registered under this Act; 
"Registrar" mcans the Registrar of Designs holding office under the 
Designs Act 1906; 
"reproduction", in relation to an artistic work, has the same meaning as 25 
in the Copyright Act 1968. 
(2) Wherc, by virtue of regulations in force for the purposes of sub~ 
section 17 (2) of thc Designs Act 1906, a design is not capable of being 
rcgistcrcd undcr that Act for nn nrticle spccified in thosc regulntions, a 
referencc in this Act to an article does not includc a ref eren ce to nn artíclc 30 
so specificd. 
(3) Unless the contrary intention appears, an expression used in thís Act 
and the Dt!signs Act J 906 has lhe same meaning in lhis Act as in the 
Designs Act 1906. 
Act to blnd Crown 35 
3. Subject to Parl VII of the Copyright Act. 1968, this Act binds the 
Crown in right of the Commonwealth, of each of the States, of the Northern 
Tcrritory and of Norfolk lsland. 
Extenslon of Act to external Territorics 
4. This Act extends to the externnl Territories. 40 s 
10 
15 Olympic Insignia Protection No. 27, 1987 
PART U-COPYRIGHT PROTECTION 
Ownershlp, &c., of copyright In the olymplc symbol 
5. (1) For the purposes of the Copyright Act 1968-3 
(a) the olympic symbol shall be taken to be nn original artistic work in 
which copyright subsists; nnd 
(b) the Federation shall be taken to be the owner of the copyright in 
the olympic symbol. 
(2) Notwithstanding anything in the Copyright Act 1968-
(a) copyright in the olympic symbol subsists indefinitely; and 
{b) a fair dcating with the olympic symbol does not constitute an 
infringcment of the copyright in the olympic symbol if it is for the 
purpose of, or is associated with, the giving of information (including 
the reporting of news)-
(i) in a newspnper, magazine or similar periodical; or 
(ii) by meaos of broadcasting or in a cincmatograph film. 
(3) An cxpression used in this section and in the Copyright Act J 968 
has the same meaning in this section as it has in that Acl. 
( 4) The Federation does not have the capacity to bring an action or 
proceeding under the law of a foreign country for an infringement of 
20 copyright in the olympic symbol. 
PART m-DFBIGN PROTECTION 
Ownership of protected design 
6. Thc Federation shnll be taken to be the owner of a protected dcsign. 
Monopoly of design 
25 7. (1) Thc Federation has n monopoly in a protectcd design. 
(2) The rights of the Fcderntion with respect to a protected design nre 
personal propcrty and, subjecl to this Act, the taws npplicable to ownership 
of personal property npply in rclntion to the monopoly in the design as they 
apply in relation to other choses in action. 
30 loírlngement oí monopoly in protected design 
8. (1) A person infringes the monopoly in a protected design if-
(a) in the case of the design of the olympic symbol-at any time; or 
(b) in the case of a registered olympic design-during the protection 
period in relation to that design, 
35 the pcrson, without the licence of .the Federation-
( c) applies the design or nny fraudulent or obvious imitalion of it lo 
any article; 
( d) · imports into Australia for sale, or for use for the purposes of any 
trade or business, any article to which the design or any fraudulent '"t1 ..... 
Po) '"t1 
(JQ -(O z 
~ ;:; ..._ 
~ en -1--1 :¡;: 4 orympic Insignia Protection No. 27, 1987 
or obvious imitation of it has been applied, whether before or after 
the commencemcnt of this Act, outside Australia; or 
(e) sells, or offcrs or kceps for sale, or hires, or offers or kécps. for 
hirc-
(i) any article to which the design or any fraudulent or ob~ious 
imitation of it has been applied in infringement of thc 
monopoly in the design; or 
(ii) any article-5 
(A) to which the design or any fraudulcnt or obvious 
imitation of it has been applied; and 10. 
(B) that has been imported into Australia In infringemenl 
of the monopoly in the design. 
(2) A person does no't infringe the monopoly in a protected design by· 
virtue of the application of paragraph (1) (e) or sub-paragraph (l) (e) (i) 
in rclation to an article if, at the time when the person did the act that, but 15 
for thi.s sub-section, would have constituted the infringement, the pcrson did 
not intcnd that the article would be used in Australia at a later time by any 
person. 
(3) Subject to sub-section { 4), if a person infringes the inonopoly in a 
protected design- 20 
(a) the Federation; or 
(b) a holder of a licence in relation to the design whose interests have 
becn 1 are or would be aff ected by thc infringement, 
rnay bring an action or proceeding against the person in the Federal Court 
for infringemenl of the monopoly in the design. 25 
( 4) An action or proceeding íor infringcrncnt of the rnonopoly in a 
protectcd design shall not be instituted by the holder of a licence in rclation 
to the dcsign without the consent of the Federation. 
(5) Whcrc-
(a) a person, being the holder of a licence in rclation lo a protcctcd JO 
design, applies, by notice in writing scrvcd on the Fcc.leration, for 
the consent of the Federation under sub-section ( 4) to the institution 
by the person of an action or proceeding for infringement of the 
monopoly in the design; and 
(b) the Federation does not grant or refusc that consent before the end 35 
of the period of 7 days afler the day on which the notice was 
served, 
.he Federation shall, at the end of lhat period, be deemed to have granted 
.hat consent under sub-section (4). 
(6) Consenl under sub~section (4) to the institution of an action or 40 
Jroceeding shall not be unreasonably reí used. Olymplc Insignia Protectlon No. 27, 1987 5 
(7) Sub-section (4) does not affect the granting oí an interlocutory 
injunction on the application of a holder of a licencc in relatlon to a 
protcctcd design. 
(8) For the· purposes of this section, a design shall not ·be taken not to 
S be a fraudulent or obvious imltation of a rcgistered olympic design by reason 
only that the first-mentioncd design does not incorporate the design of the 
olympic symbol. 
Remedie! for lofrlngemeot of monopoly In protected deslgn 
9. The relief that the Federal Court may grant in an actfon or proceeding 
10 for the infringement of the monopoly in a protected design includes an 
injunclion {subjecl lo such terms, if any, as the Court thinks fit) and, at the 
option of the plaintiff, either damages or an account of profits. 
Reglstratlon of olymplc deslgns 
10; (1) The Federatíon may, in relation to an artistic work that 
15 incorporates the olympic symbol, apply to the Registrar for the registration 
under this Act of the design that, when applied to any article, results in a 
reproduction of the artistic work. 
(2) An application under sub-section ( 1 )-
(a) shall be in accordance with an approved form; 
20 (b) shall be accornpanied by a fee of $65 or such higher fee as is 
prescribed; and 
(e) shall be Iodged by being left at, or delivered by post to, the Designs 
Office. 
(3) Where an application is made under sub-section ( 1 ), the Registrar 
25 shall cause notice of the application to be published in the Gazette and in 
the Official Journal. 
( 4) A notice of an application shall invite persons who wish to object 
to the grant of the applicalion on any rclevanl grounds to .rnake 
represenlntions in connection with the application by such date, not being a 
30 date earlier than 60 dnys after lhe date of the nolice, as is spccified in the 
notice. 
(5) A person mny, not later than the date specified in the notice, make 
:-epresentalions to the Registrar in connection with the applicalion in 
accordance with an approved form. 
35 (6) Subject to sub-section (7), nfter the Registrar has considered any 
such representations made in respect of an application for registration of 
the design in relation to an artistic work, the Registrar shal\ register the 
design if, and only if-
(a) copyright under the Copyright Act 1968 subsists in the artistic 
40 work; • 
(b) the Federation is the owner of the copyright in the artistic work; ,,· '"'d 1-( 
~ '"'d 
(JQ -(l) z -Ul ..... 
~ en -1-( 
~ 6 <Ílympic Insignia Protecllon No. 27, J 987 
(e) no corresponding design in relation to thc artistic work is registered 
under the Designs Act 1906; and · 
(d) if thc dcsign in relation to the artistic work wcre registercd undcr 
this Act, thc number of registercd olympic designs with unexpircd 
protection periods would not cxcced JO. 
(7) A design shall not be rcgistered under this Act unless it is a new or 
original design nnd in particular, shall not be registered if thc design-
(a) diffcrs only in immatcrinl dctnils or in fe.atures commonly used in a 
relevant trade from; or 
(b) is an obvious adaptation of, 
a design that-
(c) was registered undcr the Designs Act 1906; or 
(d) was published or: used in Australia in respect of any article, 
before the date on which the application was made. 
(8) For the purposes of sub-sectiori (7), account' shall not be táken· of 
any sccret use. 
(9) Whcre the Federation is the owner of the copyright in an artistic 
work, the design in relation to the artistic work shall not oe treated for the 
purposes of this section as being other than new or original, or as having 
been published or used, by reason only of any use made of the artistic work 
before the applicntion for registration of the design. 
(10) Where the Registrar makes a decision under sub-section (6) to 
register or to refuse to register a design, the Registrar shall cause notice of 
the decision to be publishcd in the Gazette and in the Official Journa/. 
(ll) An appeal lies to the Federal Court from a decision of the Registrar 
under sub-section (6) to register or to refuse to register a design. 
Extensloo or reductlon oí protectlon perlods. In relatlon to reglstered 
olymplc deslgns 
1 t. (1) Thc Federation may, not latcr than 6 months beíorc thc cnd oí 
the protcction pcriod in relation to a rcgislered olympic dcsign (including a 
prolection period lhat hns been extended or reduced under this scction), 
apply to the Registrar for that period to be extended by a furthcr period oí 
12 ycars. 
(2) An ápplication under sub-section ( 1 )-
(a) shall be in accordance with an approved form; 
(b) shall be accompanied by a fee of $65 or such highcr fcc as is 
prescribed; and 
( e) shall .be lodged by being left at, or delivered by post to, the Designs 
Office. 
(3) Where an npplication is made undcr sub-section ( l), the Registrar 
shall cause notice of the application to be published in the Gtizelle and in 
lhe Official Journal. 5 
10 
15 
20 
25 
30 
35 
40 5 
10¡ . 
15 
20 
25 
30 
35 
40 0/ymplc Insignia Protection No. 27, 1987 7 
( 4) A notice of an application shnll invite persons who wish to object 
to the grant of the application on any . rclevnnt grounds to make 
representations in connection with thc application by such date, not being a 
date earlier than 60 days áfter thc date of the notice, as is spccified in the 
notice. 
(5) A person may, not lnter thnn the date specified in the notice, make 
rcpresentations to the Registrar in connection with the application in 
accordnnce with an approved fonn. 
(6) After the Registrar has considered any such repr~entations made in 
respect of an application far the extension of the protection period in 
relation to a rcgistcrcd olympic design1 the Registrar shall, beforc the cnd of 
the protection period, extend thc protection perlad far a further period of 
12 years if the Registrar would be. réquired to register the design if an 
application for registration of the design had becn made immediatety after 
thc end of the protection period. 
(7) The Registrar shall1 on the application of the Federation made in 
accordance with an approved farm, reduce the duration of the protcction 
period in relation to a rcgistered olympic design. 
. (8) Where the protection period in relation to a registered olympic 
design ends or is extended, the Registrar shall cause notice of the end or 
extension to be published in the Gazette and in the Official Journal. 
(9) Where the Registrar makes a decision under sub-section (6) refusing 
to cxtcnd a protcction period, thc Registrar shall cause notice of the decision 
. to be published in the Gazette and in thc Official Journal. 
(10) An appeal lies to the Federal Court from a dccision of the Registrar 
under sub-section (6) to extend or to refuse to extend a protection period. 
Reglster or Olymplc Deslgns 
12. (1) There shall be kcpt al the Designs Office a Register óf Olympic 
Designs. . 
(2),: The Registrar shnll enter in the Register of Olympic Dcsigns 
particulars of-
( n) registered olympic designs; 
(b) the cnd and extension of prolection pcriods in rclntion to registered 
olympic designs; and 
(e) any othcr prescribcd mnttcrs. 
(3) The Registcr of Olympic Designs shnll be open to the inspection of 
the public at the times, and on payment of the fces (if any), prescribcd for 
the purposes of this scction. 
( 4) The regulations may mnke further provision with respect to the 
Rcgistcr of Olympic Designs, including, but without limiting th¡ generality 
of the foregoing, provision for the correction of errors in the Register of 
Olympic Designs. ""d­
i:\) ""O 
OQ -(1) z 
O'\ ;:::: > e: en 
~ 
~ 8 f 0/ympic Insignia Protection No. 27, 1987 
(5) Section 36 of the Designs Act J 906 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 Courtt on the application of a person aggrieved, may 
order the rectification of the Register of Olympic Designs by-
( a) the mnking of any entry wrongly omittcd to be made in the Rcgister 
. of Olympic Dcsigns; or 
(b) thc expunging or amendment of rmy entry wrongly mnde in or 
rcmaining on the Rcgister of Olympic Designs; or 5 
:,Ce) the correcting of nny error or dcfect in the Register of Olympic 10 
Designs. 
(7) Notice of each _application under sub-section (6) shall be givcn to 
the Registrar, who may be heard on the application. 
(8) A copy of an order unqer sub-section ( 6) shall be served on the 
Registrar: who shall, on rcceipt of the order, take such steps as are necessary 15 
to give cffect to the order. 
(9) A defcndant in an action or proceecling for the inf rínge· 1ent of the 
monopoly in a protected design may apply, by way of counter-claim in the 
action or proceeding, for the rectification of the Rcgister of Olyrnpic Designs 
by the cxpunging of the entry of the registration of the design from the 20 
Register of Olyrnpic Designs. · · 
Delegatlon 
13. Section 8A of the Desigrrs Act /906 applies in relation to the 
Registrar's powers under this Part in the same manner in which it applies 
in relation to the Registrar's powcrs under that Act. 25 
Approved forms 
t4. (l) A reference in this Part to an approved form is a reference to 
a form approved by the Registrar in wriling. 
(2) An approved form may rcquire any statemenl in the form to be 
verified by a statutory declaration accompanying the form. 30 
PART IV-MISCELLANEOUS 
Certáin purported dispositions or charges to be void 
15. ( 1) A disposition, by assignmentt declaration of trust or by any 
othcr mcans, purporling lo be made by the Federation of lhe whole or any 
part of- 35 
(a) its intcrcst in the copyright in the olympic symbol; or . . 
(b) its interest in a protected design, 
is void. 0/ympic Jnsfgnfa Protection No. 27, 1987 9 
(2) .A charge purporting to be given by the Federation with respect to 
an asset of the Fcdcration that consists of1 or includes1 the whole or any 
part of-
(n) its intcrcst in lhe copyright in the olympic symbol; or 
5 (b) its intércst in a prolected design, 
is void. 
Valldatlon oí certaln llcences 
16. Where, before the date of commencement of this Act, the Federation 
purportcd to grant a licence for n particular period ending after that date 
10 in respect of the copyright in, or the design of, the otympic symbol, the 
licence is as vnlid and effectual ns it would have been if it had been grantcd 
on that date for the part of thnt period that commenced on that date. · 
Applicatlon oí the Copyright Áct 1968 
17. (1) Division 8 of Part III of the Copyright Act 1968 does not apply 
15 in relation to-
(a) the copyright in the olympic symbol; and 
. (b) where the design in relation to an artistic work is registered under 
this Act-the copyright in the artistic work. 
(2) It is not an infringem'1nt of the copyright in the olyrnpic symbol to 
20 ·. apply the design of thc olympic symbol to an article. 
(3) During the protection period in relntion to a registered olympic 
design, being the design in relation to an artistic work, it is not an infringemenl 
of the copyright in the artistic work to npply thc design to an article. 
(4) Where-
25 (a) an artistic work incorporales the olympic symbol; 
(b) the design in rclntion to the artistic work is registcred under this 
Act; and 
(e) the prolection period in relation to the design has ended, 
it is not an infringement of the copyright in the artistic work to apply a 
30 design to nn article, being-
( d) a design that is n corresponding design in relation to an artistic 
work that is a public domain version of the first-mentioned artistic 
work; or 
(e) a design that differs from the design referred to in paragraph (d) 
35 only in immalerial details or in f eatures commonly u sed in a relevant 
trade. 
(S) For the · purposes of sub:.section (4), where an artistic work 
incorporales the olympic symbol, the artistic work (if any) that would result 
from the omission of the olympic symbol from the first-mentione1 artistic 
40 work shall be taken to be thc public domain version of the first-mentioned 
artislic work. ~"'"'4 
f:1:1 '"d 
{JQ -o z 
....J~ > e:: (/l -l-oo4 :¡;: 10 0/ympic Insignia Protectlon No. 27, 1987 
(6) Where, by virtue of this section, it is not an infringement of the 
copyright in an artistic work to apply a particular design to an nrticle at n 
particular time, it is not . an infringement of the copyright in lhe artislic 
work to do any of the following ncts or things at that time: 
(a) import into Australia any article to which the design has been 5 
applied; 
(b) sell, off er or keep for sale, or hire, or off er or keep for hire, nny 
· article to which the design has been applied. 
Protected deslgns not to be registered under the Designs Act 1906 
18. Thc Registrar shall not registcr under the Designs Act 1906- 10 
(a) a protccled design; 
(b) a design incorp9rating n protected design; 
(e) a design that ditfers from a protected design only in immaterial 
dctails or in f eatures commonly used in a rclevant trade; or 
( d) a design that is an obvious adaptation of a protected design. 15 
Certaln márks not to be registered under the Tradc Msrks Act 1~55 
19. The Registrar of Trade Marks shall not register under the Trade 
Marks Act 1955 a trade mark that contains or consists of any of the 
following marks or a mark so nearly resembling any of those marks as to be 
likcly lo be taken for that mark: 20 
(a) the olympic motto; 
(b) the olympic symbol; 
(e) whcrc the design in relation to an artistic work is rcgistcred undcr 
this Act-the artistic work. 
Presenatlon of certaln exlsting rlghts 25 
20. (J) Subject to sub-section (3), nolhing in this Act atrects any rights 
confcrred by law on a person in rcspcct of-
(a) a trade mark registered under the Trade Marks Act 1955 before 
the date of commencemenl of this A el; or 
(b) a design regislered under the Designs Act 1906 beforc thal date. 30 
(2) Subjecl to sub-scction (3), nothing in this Act affects the use of a 
symbol by a person on or after the date of commcnccmenl of this Act if, 
immediatcly bcforc that date, the person would have bcen cntitled to prevcnl 
anothcr person from passing off, by .meaos of thc use of that symbol or of 
a similar symbol, goods or services as the goods or services of that first-35 
menlioned person. 
(3) In an action or proceeding against­
(a) thc Fcderation; or · 
(b) thc holder of a licence granted by the Fcderation in respect of-
(i) the copyright in, or the design of, the olympic symbol; or 40 0/ymplc Insignia Protectfon No. 27, 1987 11 
(ií) a design rcgistercd, or purporting to be registered, under this 
Act, 
roí--
ce> the infringement of a trade mark registered under the Trade Marks 
5 Act 1955 befare the date of commencement of this Act; 
(d) the infringement of the monopoly of a design registered under the 
Designs Act J 906 befare thnt date; or 
(e) passing off arising out of the use of a symbol of the kind referred 
to in sub-section (2), 
10 it is a defence if thc defendant satisfies the court-
(f) that, al the time of the infringement or use,' the defendant was not 
nware that the trade mark or design was so registerect, or thal. the 
plaintitf was cntitled to prevent the passing off, as the case may be; 
and 
15 (g) that the defcndant had, before that time, taken ali reasonable steps 
to ascertain whether the trade mark was so registercd, a monopoly 
in the design so existed or the plaintiff had such an entitlement to 
prevent a passing off, ns the cnse may be. 
Compensatlon for acqulsltlon of property 
20 21. (1) Whcre, but for this sub-section, the operation of a provision of 
this Act would result in the acquisition of property from a person by 
another person othcrwise than on just terms, there is payable to the firsl­
mentioned person by that other person such amount of compensation as is 
agreed upon between those persons, or, failing agreement, as is determined 
25 by the Federal Court. 
(2) Any compensation recovered in procecdings that are institutcd under 
this section shall be taken into account in assessing damages or compensation 
or giving any othcr remcdy in proceedings that are instituted otherwise. than 
by virtue of this Act and that arise out of the same event or transaction. 
30 (3) Any damages or compensation recovered or other remcdy given in 
proceedings that are institutcd otherwise than by virtue of this Act shall be 
taken into account in assessing compensation payable in proceedings that 
nre inslituted under this section and that arisc out of the same cvcnt or 
transaction. 
35 (4) In this section, "acquisition of property" and "just terms" have the 
same respective meanings as in paragraph 51 (xxxi) of the Constitution. 
Regulations 
22. The Governor-General may make regulations, not• inconsistent with 
this Act, prescribing matters- · 
40 (a) required or permitted by this Act to be prescribed; ~r ~ =a 
~ -~z 
00 ~ > e:: 
(.IJ -1--1 
~ 12 0/ympic insignia Protection No. 27, 1 YcJI IP/N/1/AUS/I/4 
Page 9 
(b) necessary or convenie'nt to be prcscribed for carrying out or giving 
. eff ect to this Act. 
SCHEDULE Sub-scction 2 { 1) 
OUTLINE OF THE OLYMPIC SYMBOL 
[Minister's second reading speech made in-
House of Representatives on 23 October 1986 
Senate on 20 February 1987] 
Printed by Authority by lhe Commonwealth Governmcnt Prin~er ( (04/86) Scction 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. .in 
.J~h[\.USTRALIA, 1& ~))»~((«('--O..:, 
Olympic Insignia Protection 
Amendment Act 1994 
Short tille etc. 
Commcncement 
lnlcrprctation No. 44 of 1994 
TABLE OF PROVISIONS 
lnscrtion of new section: 
2A. Artistic work of olympic torch and flame may be prescribed 
Rcpcal of scction 6 and substitution of new section: 
6. Ownership of dcsign of olympic symbol 
Infrin,emcnt of monopoly in prolecled design 
lnscrt1on of new section: 
9A. Trade Practices Act 1974 provides further remedies 
Repeal of seclion 10 and substitution of new section: 
10. Rcgistration of designs 
53533 Cal. No. 94 4245 5 Section 
9. 
IO. 
11. 
12. 
13. 
14. 
15. 
16. ii 
TABLE OF PROVISIONS-continued 
Extension or reduction of protection periods in relation to registered olympic 
designs 
lnsertion of new section: 
11 A. Rcduction of protcction pcriods for registered torch and ílame dcsigns 
Register of Olympic Designs 
Certain purportcd dispositions or charges to be void 
Application of the Copyright Act 1968 
Certain marks not to be regislered under !he Trade Marks Act 1955 
Prescrvntion of certain cxisting rights 
Further amendments 
SCHEDULE 
FURTHER AMENDMENTS ~­~ ~ 
c,q -o z -.......... o-
~ (l.) 
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Page 11 
Olympic Insignia Protecfüm 
Amendment Act 1994 
No. 44 of 1994 
An Act to amend the Olympic Insignia Protection Act 1987 
[Assented to 15 March 1994] 
Toe Parliament of Australia enacts: 
Short title etc. 
1.(1) This Act may be cited as the Olympic Insignia Protection 
AmendmentAct 1994. 
5 (2) In this Act, "Principal Act" means the Olympic Insignia Protection 
Act 19871. 
C:0D101ence1nent 
2. This Act commences on the day on which it receives the Royal Assent. 
Interpretation 
10 3. Section 2 of the Principal Act is amended: . 
(a) by omitting froin subsection (1) the definitions of "olympic motto", 
"protected design"; "protection period" and "registered olympic 
, design", and substituting the following definitions: 0/ympic ln.'iÍf:11Ía Pmtection Am~ndment No. 44, 1994 
"'olympic motto' means: 
(a) the motto exprcsscd in Lati,n as 'citius, allius, fortius'; and 
(b) the motto expressed_in English as 'faster, higher, strongcr'; 
'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; 
'protection period' mean~:. 
(a) in relation to a rcgistcred olympic dcsign-the pcriod of 12 
ycars starting on the day the dcsign was rcgistcrcd, as 
extended or reduccd under section 11; or 
(b) in relation to a registered torch and ílame design for a 
particular Summer or Winter Olympic Gamcs-the period 
starting: 
(i) on the 1 January that is at least 3 years but less than 
4 years before the opening ofthose Olympic Games; 
or 
(ii) when the design is registered; 
whichcver is later, and ending on 31 December next aftcr the 5 
10 
15 
closing of those Olympic Oames, as rcduced under section 20 
l_JA; 
'registered olympic design' means a design registered under this 
Act in relation to an artistic work that incorporates the olympic 
symbol;"; 
,) by omitting the definition of "Federation" in subsection (l); 
e) by inserting in subsection ( J) the following definitions: 
"'Committee' meaos the Australian Olympic Committee 
lncorporated, being an association incorporated on 24 ApriJ 1985 
under the Associations lncorporation Act 1981 of Victoria; 25 
'olympic artistic work' mcans: 30 
(a) a prescribed olympic torch and flamc; or 
(b) an artistic work that incorporales either but not both of the 
following: 
(i) the olympic symbol; 
(ii) a prescribed olympic torch and flame; 35 
'prescribed olympic torch and flame' means an artistic work 
prescribed under section 2A; 
'registered design' mcans a design registercd under section 10; 5 
10 
15 
20 
25 0/ympic Insignia Protection Ame11dme11t No. 44, 1994 3 
'registercd torch and flame design' means a design registered 
under this Act in relation toan artistic work that is or incorporales a 
prescribed olympic torch and flame;,,. .. , 
lnsertion of new section 
4 .. Aft~r secti~ri ~ of the P~1ndpál Aci the following scction is inserted: 
Artistic work of olympic torch and flame may be prescribed 
"2A.( 1) The regulations rriáy prescribe a single artistic work of an 
olympic torch and flame far a particular Summer Olympic Games or for a 
particular Winter Olympic Games. The artistic work must not incorporate 
the olympic symbol. 
"(2) The rcgulations must not prescribe an artistic work unlcss: 
(a) copyright under the Copyright Act 1968 subsists in the artistic work; 
and 
(b) the Committee is thc owner of the copyright in the artistic work. 
"(3) The Oovemor-General may not make a regulation prescribing an 
artistic work far a particular Olympic Garues before the l July that is at least 
3'h years but less than 41h years before the opening ofthose Olympic Oames 
(that is, 6 months before thc earliest date on which the protection period for 
a registered torch and flame design for those Olympic Games could start).". 
Repeal of section 6 and substitution of new section 
5. Scction 6 of the Principal Act is repealed and the following section is 
substiluted: 
Ownership of design of olympic symbol . 
"6. The Committee is taken to be the owner of: 
(a) the design of the olympic symbol; and 
(b) any registercd olympic design that was registered under this Act 
immediately before the commencement of the 0/ympic Insignia. 
Protection Amendment Act 1994.". 
Infringcment_ of monopoly in protected design 
30 6. Scction 8 of the Principal Act is amended: 
(a) by inserting in paragraph (l )(b) "or registered torch and flame 
design" after "registered olympic design"; 
(b) by adding at the end the following subsection: 
"(9) For the purposes of this section, a design may be a fraudulent 
35 or obvious imitation of a registered torch and ílame design in rclation 
toan artistic work that incorporates a prescribed torch and flame even 
though the first-mentioned design relates toan artistic work that does 
not include the prescribed olympic torch and flame.". • ~~ OQ -. 
(b z -. .......... N> 
~ (/'l 
;:::¡ 
~ .11_. ·:. 0/ympic Insignia Protection Ame11dme111 No. 44, 1994 
t Insertion of ncw scction 
7. Aftcr section 9 the following section is inserted: 
Trade Practices Act 1974 provides further remedies 
"9A.(1) Toe remedies provided under this Act in relation to protected 
designs are in addition to the remedies provided by the Trade Practices Act 5 
1974 in relation to cngaging in conduct that is misleading or deceptive (see 
section 52 of that Act) and, in particular, in relation to represcntations: 
(a) that goods or serviccs have sponsorship or approval that they do not 
have (see paragraph 53(c) of that Act); or 
(b) that a corporation as defined in that Act has a sponsorship, approval 10 
or affiliation that it docs not havc (sec paragraph 53(d) of that Act). 
"(2) Toe references in subsection (1) to particular ptovisions of thc 
Trade Practices Act 1974 do not imply that other provisions of that Act do 
not apply in relation to conduct that is also covered by this Act.". 
Repeal of section 10 nnd substitutlon of n~w section 15 
8. Section 1 O of the Principal Act is rcpealed and thc following section 
is substituted: · 
Registration of designs 
"I 0.( l) Toe Committee may apply to the Registrar to register under this 
Act the design that, when applied to any article, results in a reproduction of 20 
an olympic artistic work. 
"(2) An application: 
(a) must be in accordance with an approved form; and 
(b) must be accompanied by the prescribed fce; and 
(e) must be lodged by being left at, or delivercd by post to, the Designs 25 ornee. 
"(3) 1l1c Registrar mu!it cnusc noticc oían npplicntion to be published 
in the Gaull<! and.in thc Official Journal. 
"(4) A noticc of an application must invite pcrsons who wish to objcct 
to the grant of the application on any rclevant grounds to make 30 
representations in connection with the application by a day specified in thc 
notice. 
"(5) Toe day specified in the notice must be at least 60 d~ys after the date 
of the notice. · · ·• · · · 
"(6) A person may, n~t later than the day spccified in the QOticc, make 35 
representations to the Registrar about the application in accordance with an 
approved form. 5 
10 
15 0/ympic insignia Protectio11 Ame11dme11t No. 44, 1994 5 
,;(7) Subjcct to subscction (8), after the Registrar has considered any 
reprcsentations made about the applicatian, the Registrar must register the 
design if, and only if: 
(a) copyright under the Copyright Act 1968 subsists in the olympic 
artistic work; and 
(b) the Committee is the owncr of the copyright in the olympic artistic 
work; and 
(e) the Committee is the owner of the design; and 
(d) no other person has an interest in the design; and 
(e) no corresponding design in relation to the alympic artistic work is 
rcgistcred under the Designs Act 1906; and 
(f) upan rcgistration of the design, there would be no more than 10 
registered designs with unexpired protectioñ pcriods (including 
registered designs whose protection periods have not yet started) .. 
"(8) A design must not be registered under this section unless it is a new 
or original design and in particular, must not be registered if thc design: 
(a) diff ers from a published design only in immaterial details or in 
fcatures commonly uscd in a relevant tradc; ar 
(b) is an obvious adaptation of a published design. 
20 "(9) For the purposes of subsection (8), a design in relation toan artistic 
work is not to be treatcd: 
(a) as othcr than new or original; or 
(b} as having been publishcd or used; 
mercly because of any use made ofthe artistic work by thc Committee befare 
25 the day on which the application for registration of the design was Jodged. 
"(l O) Wherc the Registrar decides undcr subsection (7) to rcgister, orto 
refuse to register, a design, the Registrar must cause notice of that decision 
to be published in the Gazette and in the Official Journal. 
"(11) An nppcnl tics to thc Fcdernl Court from the dccision oí'the 
30 Rcgistrnr to rcgistcr, ar to rcfuse 10 rcgislcr, a dcsign. 
"(12) In this scction: 
'published design', in relation toan application under this section, meaos 
a design that: · · 
(a) was registered underthe Designs Act 1906; or 
35 . (b) wiis published or used in Australia in rcspcct of any articlc; 
before the day on which the application was Iodged. 
. . . . 
"(13) Far the purposes of the definition of 'published design' in 
subsection ( 12), any secret use of the design is to be disregarded.". 
. . ~ 1--4 
p) ~ 
(JQ -(t) z -..... ..... w-> 
~ en 
;::::¡ 
:¡;;: 0/ympic Insignia Protcction Amendmclll No. 44, /994 
dension or reduction of protcction periods in rclation to rcgistered 
ympic designs 
· 9. Section 11 of thc Principal Act is amcndcd: 
· (a) by omitting paragraphs (2)(a) and (b) and substituting the following 
paragraphs: 5 
.. (a) must be in accordance with an approved fonn; and 
(b) must be accompanied by thc prescribcd fce; and"; 
(b) by omitting from paragraph (2)(c) "shall" and substituting "must". 
1sertion of new.scction 
10. After section 11 of thc Principal Act the following section is inscrtcd: 10 
eduction of protection pcriods for registcrcd torch nnd llame 
esigns 
"11 A.( 1) Toe Registrar must, on the application of tite Commiuce madc 
1 accordance with ari approved form, reduce the duration of the proteclion 
!rlod in relation to a registered torch and flame dcsign. 15 
"(2) Where the protection period in relation to a rcgistered torch and 
ame design ends, the Registrar must cause notice of the end of that period 
1 be published in the Gazette and in the 0/ficial Joumal.". 
egistcr of Olympic Designs 
11. Section 12 of the Principal Act is amended by omitting paragraph 20 
'.)(b) and substituting the following word and paragraphs: 
and (b) tite end and extension of protection periods in relation to rcgistcred 
olympic designs; and 
(ba) rcgistered torch and flame designs; and 
(bb) the end of protection pcriods in rclation to registered torch and 25 
flame dcsigns; and". 
lertain purportcd dispositions or charges to be vold 
12. Scc.tion 15 of thc Principal Act is amendcd: 
(a) by omitting from paragraphs (l)(b) and (2)(b) "protected des_ign" 
and substituting "registcred olympic dcsign"; 30 
(b) by adding at the end the following subscctions: 
"(3) A disposition, by assignment, declaration of trust or by any 
other means, purporting to be made by the Committee of the wltole 
or any part of its interest in a registered tórch and füime design is void. 
"(4) A charge purporting to be given by the Committee with 35 
respect to an asset of the Committee that consists of, or includes, the 
whole or any part of its interest in a registered torch and flame design 
is void.". Olympic Insignia Protection Amendment No. 44, /994 7 
Applicntion of thc Copyright Act 1968 
13. S.ection 17 of the Principal Act is amenqed: 
(a) by inserting aftér paragraph ( 1 )(a) the f ollowing paragraph: 
"(aa) the copyright in a pr~scribed olympic torch and flame; and"; 
5 (b) by omitting from subsectiori (3) "olympic"; 
(e) by inserting after subsection (5) the following subsection: 
"(5A) Where the protection period in rclation to a registercd torch 
and flame design has ended, it is notan infringement of the copyright 
in the artistic work concerned to apply thc design toan article.". 
10 Certain marks not to be registcrcd undcr the Tra<!e Marks Act 1955 
14. Scction 19 of the Principal Act is amendcd by inserting aftcr 
paragraph (b) the following.paragraph: · 
"(ba) where an artistic work of an olympic torch and flame is prescribcd 
under this Act-the artistic work;". 
15 Preservation or certain existing rights 
15. Section 20 of thc Principal Act is amended: 
(a) by omitting from paragraph (1 )(a) "befare the date of 
commencement of this Act"; 
(b) by omitting from paragraph (l)(b) "befare that date"; 
20 (e) by omitting from subsection (2) "thc date of commenccment of this 
Act" and substituting "a relevant date"; 
(d) by inserting after subsection (2) the following subsection: 
"(2A) In subsection (2): 
'relevant date' means each of the following: 
25 (a) thc date of commenccment of this Act (23 J une 1987); 
(b) the date of commcncemcnt of the 0/ympic Insignia 
Protection Amendmellt Act 1994; 
(e) thc date of registration of a registercd torch and flamc 
dcsign."; 
30 (e) by inserting after subparagraph (3)(b)(i) thc following subparagraph: 
"(ia) the copyright in a prescribed olympic torch and flame; or"; 
(f) by omitting from paragraph (3)(c) "befare the date of 
commencement of this Act"; 
(g) by omitting from paragraph (3)(d) "befare that date"; 
35 (h) by omitting from paragraph (3)(e) "of the kind referred to'-' and 
substituting "as mentioned". 
Further amendments 
16. Toe Principal Act is further amended as set out in the Schedule. . . >-o -p) ~ 
(1Q -(1) z -,-.... ,-.... 
.,:::..-> e: 
C/l --¡;: SCHEDULE 
FURTHER AMENDMENTS IP/N/1/ AUS/1/4 
Page 15 
Section 16 
Toe following provisions are amended by omitting "Federation" (wherever 
occurring) and substitu~ing "Committee": 
Subsections 5(1) and (4) 
Section 7 
Subsections 8(1), (3); (4) and (5) 
Subsections 11 ( 1) and (7) 
Section 15 
Section 16 
Subsection 20(3). 
NOTE 
l. No. 27, 1987. 
[Minisier's second reading speech.made in-­
Senate on 16 December 1993 
House of Representatives on 3 March 1994] 
Printed by Authorlty by the Commonwealth Oovcmment Printer (227/93) IP/N/l/AUS/1/4 
Page 16 
Statutory Rules 1993 No. 2341 
Olympic Insignia Protection Regulations 
I, THE ADMINISTRATOR of the Government of .the 
Commonwealth of Australia, acting with the advice of the Federal 
Executive Council, make the following Regulations under the 
,_.Qly_mpic Insignia Protection Act 1987. 
Dated 2 September 1993. 
P.BENNETI 
Administrator 
By His Excellency's Command, 
C. SCHACHT 
Minister for Science and Small Business 
Citation 
l. These Regulations may be cited as the Olympic Insignia 
Protection Regulations. 
[NOTE: These Regulations commence on gazettal: see Acts IJZterpretation Act 
1901, s. 48.] 
50266 (92R673) Cat. No. 93 4068 O IP/N/1/ AUS/1/4 
Page 17 
2 Olympic Insignia Protection 1993 No. 234 
Interpretation 
2. In these Regulations, unless the contrary intention 
appears: . 
"Act" means Olympic Insignia Protection Act 1987; 
"approved form" has the same meaning as in Part ITI of the Act; 
"Register" means Register of Olympic Designs. 
Application for registration of olympic design-f ee 
3. 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. 
Application for extension of protection period-registered 
olympic designs: fee 
4. 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 Iodging of a request for the second extension of 
the period of registration of a design. 
Times for public inspection of Register 
5. 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. 
Correction of Register 
6. (1) On a request being made in the approved form, the 
Registrar may amend an entry in the Register for the purposes of 
correcting a clerical error oran obvious mistake. 
(2) The Registrar may, of bis or her own initiative, amend 
an entry in the Register to correct a clerical error or an obvious 
mistake. IP/N/1/ AUS/1/4 
Page 18 
Olympic lnsfgnia Protection 1993 No. 234 
NOTE 
l. Notified in the Commonwealth of Australia Gazette on 9 September 1993. 
Printed by Authority by the Commonwealth Government Printer 3