Document ID: chunk:federal_register_of_legislation:C2023C00446:section:8:p2
Version: federal_register_of_legislation:C2023C00446
Segment Type: section
Provision Reference: s 8 (pt 2/2)
Character Range: 16160–17328

an action or proceeding for infringement of the monopoly in the design; and
 (b) the AOC does not grant or refuse that consent before the end of the period of 7 days after the day on which the notice was served;
the AOC shall, at the end of that period, be deemed to have granted that consent under subsection (4).
 (6) Consent under subsection (4) to the institution of an action or proceeding shall not be unreasonably refused.
 (7) Subsection (4) does not affect the granting of an interlocutory injunction on the application of a holder of a licence in relation to a protected design.
 (8) For the purposes of this section, a design shall not be taken not to be a fraudulent or obvious imitation of a registered olympic design by reason only that the first‑mentioned design does not incorporate the design of the olympic symbol.
 (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.