Document ID: chunk:federal_register_of_legislation:C2004A04720:body:0:p3
Version: federal_register_of_legislation:C2004A04720
Segment Type: other
Provision Reference: 
Character Range: 5418–8117

protected design

  6. Section 8 of the Principal Act is amended:

    (a) by inserting in paragraph (1)(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 or obvious imitation of a registered torch and flame design in relation to an artistic work that incorporates a prescribed torch and flame even though the first-mentioned design relates to an artistic work that does not include the prescribed Olympic torch and flame.".

Insertion of new section

  7. After section 9 the following section is inserted:

Trade Practices Act 1974 provides further remedies

"9A.(1) The remedies provided under this Act in relation to protected designs are in addition to the remedies provided by the Trade Practices Act 1974 in relation to engaging in conduct that is misleading or deceptive (see section 52 of that Act) and, in particular, in relation to representations:

     (a) that goods or services 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 or affiliation that it does not have (see paragraph 53(d) of that Act).

"(2) The references in subsection (1) to particular provisions of the 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 and substitution of new section

8. Section 10 of the Principal Act is repealed and the following section is substituted:

Registration of designs

"10.(1) The Committee may apply to the Registrar to register under this Act the design that, when applied to any article, results in a reproduction of an Olympic artistic work.

  "(2) An application:

  (a) must be in accordance with an approved form; and

  (b) must be accompanied by the prescribed fee; and

  (c) must be lodged by being left at, or delivered by post to, the Designs Office.

"(3) The Registrar must cause notice of an application to be published in the Gazette and in the Official Journal.

"(4) A notice of an application must invite persons who wish to object to the grant of the application on any relevant grounds to make representations in connection with the application by a day specified in the notice.

"(5) The day specified in the notice must be at least 60 days after the date of the notice.

"(6) A person may, not later than the day specified in the notice, make representations to the Registrar about the application in accordance with an approved form.

"(7) Subject to subsection (8),