ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/ AUS/1/4 
3 octobre 1996 
(96-4001) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Australie 
Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par 
l'Australie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/AUS/1/Rev.1): 
Loi de 1987 sur la protection des insignes olympiques 
Loi portant modification de la Loi sur la protection 
des insignes olympiques 
Règlement sur la protection des insignes olympiques 
1Anglais seulement. 2 
10 
16 IP/N/1/ AUS/I/4 
Page 2 
Olympie Insignia Protection Act 1987 
Short title 
lnterpretation 
Act to bind Crown No. 27 of 1987 
TABLE OF PROVISIONS 
PART 1-PRELIMINARY 
Section 
1. 
2. 
3. 
4. Extension of Act to cxternal Territories 
PART II-COPYRIGHT PROTECTION 
5. Ownership, &c., of copyright in the oJympic symbol 
PART III-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 design~ 
12. Register of Olympie Designs 
13. Delegation 
J 4. Approvcd forms 
PART IV-MISCELLANEOUS 
15. Certain purported dispositions or charges to be void 
16. Validation of certain licences 
17. Application of the Copyright Act 1968 
18. Protected designs not to be registered under the Designs 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 
Olympie Insignia Protection Act 1987 
No. 27 of 1987 
An Act to make provision for the protection of the olympic 
insignia, and for 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 Olympie Insignia Protection Act 1987. 
Interpretation 
2. ( 1) In this Act, unless the contrary intention appears-
"Australia ", when used in a geographical sense, includes the external 
Terri tories; 
10 "charge" means a charge created in any way and includes a mortgage 
and an agreement to give or execute a charge or mortgage, whether 
upon demand or otherwise; 2 OTympic lnsignia 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; 
"design of the olympic symbol'' means the design that, when applied to 
any article, rcsults in a reproduction of the olympic symbol; 5 
"Ferlerai Court" mcans the Ferlerai Court of Australia; 
"Fcderation" means the Austratian Olympie Fedcration lncorporated, 
bcing an association incorporated on 24 April 1985 under the 
Associations Incorporation Act 1981 of Victoria; 
"monopoly", in relation to a protected design, means the exclusive right 10 
to apply the design to any article to which the design is capable 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 Schedulc; 15 
"protected design" means-
( a) the design of the 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 the day the design was 20 
rcgistered, as extended or reduccd ùnder section 11; 
"rcgistcred olympic design" means n design registered under this Act; 
"Regîstrar" 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 the 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 erencc to nn article 30 
so specificd. 
(3) Unless the contrary intention appears, an expression used in this Act 
and the Dt!signs Act J 906 has the same meaning in this Act as in the 
Designs Act 1906. 
Act to blnd Crown 35 
3. Subject to Part 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 Island. 
Extension of Act to external Territorics 
4. This Act extends to the externat Territories. 40 s 
10 
15 Olympie Insignia Protection No. 27, 1987 
PART Il-COPYRIGHT PROTECTION 
Ownershlp, &c., of copyright ln the olymplc symbol 
5. (1) For the purposes of the Copyright Act 1968-3 
(a) the olympic symbol shall be taken to be an original artistic work in 
which copyright subsists; and 
(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 means of broadcasting or in a cincmatograph film. 
(3) An expression used in this section and in the Copyright Act J 968 
has the same meaning in this section as it has in that Act. 
( 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. The Federation shnll be taken to be the owner of a protected design. 
Monopoly of design 
25 7. (1) The Federation has n monopoly in a protectcd design. 
(2) The rights of the Fcderntion with respect to a protected design nre 
persona! propcrty and, subjecl to this Act, the taws applicable to ownèrship 
of persona! property npply in relation to the monopoly in the design as they 
apply in relation to other choses in action. 
30 loMngement of monopoly ln 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 lime; 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 imitation of it to 
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 ..... 
Pol '"t1 
(JQ -CO Z 
~ ;:; ..._ 
~ en -1--1 
~ 4 orympic Insignia Protection No. 27, 1987 
or obvious imitation of it has been applied, whether before or after 
the commencement of this Act, outside Australia; or 
(e) sells, or off ers or kceps for sale, or hires, or off ers or kècps. for 
hirc-
(i) any articlè to which the design or any fraudulent or ob~ious 
imitation of il has been applied in infringement of the 
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 bas been imported into Australia ln 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) (c) or sub-paragraph (l) (e) (i) 
in relation 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 
persan. 
(3) Subject to sub-section { 4), if a pèrson irifringes 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 arc or would be aff ected by the infringement, 
rnay bring an action or proceeding against the persan in the Federal Court 
for infringemenl of the monopoly in the design. 25 
( 4) An action or proceeding for infringcrncnt of the rnonopoly in a 
protectcd design shall not be instituted by the holder of a licence in relation 
to the design without the consent of the Federation. 
(5) Whcrc-
(a) a person, being the holder of a licence in relation 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 persan of an action or proceeding for infringement of the 
monopoly in the design; and 
(b) the Federation does not grant or refuse 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) Consent under sub~section (4) to the institution of an action or 40 
Jroceeding shall not be unreasonably ref used. Olympie Inslgnla Protection No. 27, 1987 5 
(7) Sub-section (4) does not affect the granting of an interlocutory 
injunction on the application of a holder of a licence in relation 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 imitation of a rcgistered olympic design by reason 
only that the first-mentioncd design does not incorporate the design of the 
olympic symbol. 
Remedle! for lofrlngemeot of monopoly ln protected design 
9. The relief that the Federal Court may grant in an action 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 designs 
10; (1) The Federation 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 
(c) 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 persans who wish to object 
to the grant of the applicalion on any relevant grounds to .rnake 
represenlntions in connection with the application by such date, not being a 
30 date earlier than 60 dnys after the date of the notice, as is spccified in the 
notice. 
(5) A persan mny, not later than the date specified in the notice, make 
:-epresentalions to the Registrar in connection with the application 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 ..... ê 
Cl) -1-( 
~ 6 dtympic /nsignia Protecllon No. 27, J 987 
(c) no corresponding design in relation to the artistic work is registered 
under the Designs Act 1906; and · 
(d) if the design in relation to the artistic work wcre registercd undcr 
this Act, the number of registercd olympic designs with unexpircd 
protection periods would not exceed 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 the design-
(a) differs only in immaterinl detnils or in featurcs commonly used in a 
relevant trade from; or 
(b) is an obvious adaptation of, 
a design that-
(c) was registered under 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 tâken· of 
any secret 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 application 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 Registrer shall cause notice of 
the decision to be published in the Gazette and in the Official Journal. 
(li) 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. 
Extension or reductlon of protection perlods. In relation to reglstered 
olymplc designs 
1 t. (1) The Federation may, not latcr than 6 months beforc the end of 
the protection pcriod in relation to a rcgislered olympic design (including a 
protection period that hns been cxtendcd or reduced under this section), 
apply to the Registrar for that period to be extended by a further period of 
12 ycars. 
(2) An àpplication 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 
( c) shall .be lodged by being left at, or delivered by post to, the Designs 
Office. 
(3) Where an application is made undcr sub-section ( l), the Registrar 
shall cause notice of the application to be published in the Gazelle and in 
the Official Journal. 5 
10 
15 
20 
25 
30 
35 
40 5 
toi . 
15 
20 
25 
30 
35 
40 Olympie /nsignia 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 . relevant grounds to make 
representations in conneètion with the application by such date, not being a 
date earlier than 60 days àfter the date of the notice, as is spccified in the 
notice. 
(5) A person may, not Inter thnn the date specified in the notice, make 
representations to the Registrar in connection with the application in 
accordnnce with an approved fonn. 
(6) After the Registrar bas considered any such repr~entations made in 
respect of an application for the extension of the protection period in 
relation to a rcgistcrcd olympic design, the Rcgistrnr shall, beforc the end of 
the protection period, extend the protection period for a further period of 
12 years if the Registrar would be. rèquired to register the design if an 
application for registration of the design had becn made immediatety after 
the end of the protection period. 
(7) The Registrar shall1 on the application of the Federation made in 
accordance with an approved form, rcduce the duration of the protection 
period in relation to a registered 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 extend a protection period, the Registrar shall cause notice of the decision 
. to be published in the Gazette and in the 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 Designs 
12. (1) There shall be kcpt al the Designs Office a Register of Olympie 
Designs. . 
(2),: The Registrnr shnll enter in the Register of Olympie Designs 
particulars of-
( n) registered olympic designs; 
(b) the end and extension of protection pcriods in relation to registered 
olympic designs; and 
( c) any othcr prescribcd mnttcrs. 
(3) The Register of Olympie 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 section. 
( 4) The regulations may mnke further provision with respect to the 
Rcgistcr of Olympie Designs, including, but without limiting th~ generality 
of the foregoing, provision for the correction of errors in the Register of 
Olympie Designs. ""d­
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~ 
~ 8 f Olympie Insignia Protection No. 27, 1987 
(5) Section 36 of the Designs Act J 906 applies in relation to the Register 
of Olympie 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 Olympie Designs by-
( a) the mnking of any entry wrongly omittcd to be made in the Rcgister 
. of Olympie Designs; or 
(b) the expunging or amendment of rmy entry wrongly made in or 
rcmaining on the Rcgister of Olympie Designs; or 5 
:,Cc) the correcting of nny error or dcfect in the Register of Olympie 10 
Designs. 
(7) Notice of each _application under sub-section (6) shall be givcn to 
the Rcgistrar, who may be heard on the application. 
(8) A copy of an order unqer sub-section ( 6) shall be served on the 
Rcglstrar: 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 ringe· 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 Olympie Designs 
by the cxpunging of the entry of the registration of the design from the 20 
Register of Olympie Designs. · · 
Delegatlon 
13. Section BA of the Designs 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 referenèe in titis 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 
Certàin 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 the 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. Olympie 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 the copyright in the olympic symbol; or 
5 (b) its intèrcst in a prolected design, 
is void. 
Valldatlon of certain licences 
16. Where, before the date of commencement of this Act, the Fedèration 
purportcd to grnnt a licence for n particulnr 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 effectuai ns it would have been if it had been grantcd 
on that date for the part of thnt period that commenced on that date. · 
Application or the Copyright À.et 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 olympic symbol to 
20 ·. apply the design of the olympic symbol to an article. 
(3) During the protection period in relation 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 the design ta an article. 
(4) Where-
25 (a) an artistic work incorporates the olympic symbol; 
(b) the design in relation to the artistic work is registcred under this 
Act; and 
(c) the protection 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 demain 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 used in a relevant 
trade. 
(S) For the· purposes of sub:.section (4), where an artistic work 
incorporates 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 the public domain version of the first-mentioned 
artislic work. ~"'"'4 
f:1:1 '"d 
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Cil -l-oo4 
~ 10 Olympie /nsignia Protection 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 article at n 
particular time, it is not . an infringement of the copyright in the artislic 
work to do any of the following nets 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 bas been applied. 
Protected designs not to be registered under the Designs Act 1906 
18. The Registrnr shall not registcr under the Designs Act 1906- 10 
(a) a protccled design; 
(b) a design incorp9rating n protected design; 
(c) a design that ditfers from a protected design only in immaterial 
dctails or in f eatures commonly used in a relevant trade; or 
( d) a design that is an obvious adaptation of a protected design. 15 
Certain mirks not to be registered under the Tradc Marks Act 1~55 
19. The Rcgistrar 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 motte; 
(b) the olympic symbol; 
(c) whcrc the design in relation to an artistic work is rcgistcred undcr 
this Act-the artistic work. 
Presenatlon of certain exlsting rlghts 25 
20. (J) Subject to sub-section (3), nolhing in this Act affects any rights 
confcrred by law on a person in respect of-
(a) a trade mark registered under the Trade Marks Act 1955 before 
the date of commencement of this A cl; 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 commencement of this Act if, 
immediatcly bcforc that date, the persan would have bcen cntitled to prevcnl 
anothcr persan from passing off, by .means of the use of that symbol or of 
a similar symbol, goods or services as the goods or services of that first-35 
menlioned person. 
(3) ln an action or proceeding against­
(a) the Fcderation; or · 
(b) the holder of a licence granted by the Fcderation in respect of-
(i) the copyright in, or the design of, the olympic symbol; or 40 Olympie Insignfa Protection No. 27, 1987 11 
(ii) a design rcgistercd, or purporting to be registered, under this 
Act, 
roi--
cc> the infringement of a trade mark registered under the Trade Marks 
5 Act 1955 before the date of commencement of this Act; 
(d) the infringement of the monopoly of a design registered under the 
Designs Act J 906 before 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 the 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 registereô, 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 ail 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. 
Compensation for acquisition 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 Lerms, there is payable to the firsl­
mentioned person by that other person such amount of compensation as is 
agreed upon between those persans, or, failing agreement, as is determined 
25 by the Fcderal 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 arise out of the same cvcnt or 
transaction. 
35 (4) ln 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 ~ > c:: 
(.IJ -1--1 
~ 12 Olympie lnsignia Protection No. 27, 1 YèJI IP/N/1/AUS/I/4 
Page 9 
(b) necessary or convenie'nt to be prcscribed for carrying out or giving 
. eff cet 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 the Commonwealth Governmcnt Prin~er ( (04/86) Section 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. .in 
.J~h[\.USTRALIA, 1& ~))»~((«('--O..:, 
Olympie Insignia Protection 
Amendment Act 1994 
Short tille etc. 
Commencement 
lnlerpretation No. 44 of 1994 
TABLE OF PROVISIONS 
Insertion of new section: 
2A. Artistic work of olympic torch and flame may be prescribed 
Repcal of section 6 and substitution of new section: 
6. Ownership of design of olympic symbol 
Infrin,ement of monopoly in prolecled design 
Insertion of new section: 
9A. Trade Practices Act 1974 provides further remedies 
Repeal of section 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 
Insertion of new section: 
11 A. Reduction of protection pcriods for registered torch and name designs 
Register of Olympie Designs 
Certain purported dispositions or charges to be void 
Application of the Copyright Act 1968 
Certain marks not to be regislered under the Trade Marks Act 1955 
Prescrvntion of certain cxisting rights 
Further amendments 
SCHEDULE 
FURTHER AMENDMENTS ~­~ ~ 
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Olympie lnsignia Protection 
Amendment Act 1994 
No. 44 of 1994 
An Act to amend the Olympie Insignia Protection Act 1987 
[Assented to 15 March 1994] 
The Parliament of Australia enacts: 
Short title etc. 
1.(1) This Act may be cited as the Olympie Insignia Protection 
AmendmentAct 1994. 
5 (2) In this Act, "Principal Act" means the Olympie /nsignia Protection 
Act 19871. 
C:0D101encè1nent 
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: Olympie /11.'ii[:11ia Protection Am~ndment No. 44, 1994 
"'olympic molto' means: 
(a) the molto exprcsscd in Lati,n as 'citius, allius, fortius'; and 
(b) the molto 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 design-the pcriod of 12 
ycars starting on the day the design was rcgistcrcd, as 
extended or reduccd under section 11; or 
(b) in relation to a registered torch and flame design for a 
particular Summer or Winter Olympie Garnes-the period 
starting: 
(i) on the 1 January that is at least 3 years but Jess than 
4 years before the opening ofthose Olympie Garnes; 
or 
(ii) when the design is registered; 
whichcver is later, and ending on 31 December next aftcr the 5 
10 
15 
closing of those Olympie Garnes, 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 defïnition of "Federation" in subsection (l); 
c) by inserting in subsection ( J) the following definitions: 
"'Committee' means the Australian Olympie Committee 
lncorporated, being an association incorporatcd on 24 April 1985 
under the Associations Incorporation Act 1981 of Victoria; 25 
'olympic artistic work' means: 30 
(a) a prescribed olympic torch and flamc; or 
(b) an artistic work that incorporates either but not bath 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 Olympie Jnsignia Protection Ame11dme11t No. 44, 1994 3 
'registercd torch and flame design' means a design registered 
under this Act in relation to an artistic work that is or incorporates a 
prescribed olympic torch and flame;,,. .. , 
Insertion of new section 
4 .. Âft~r secti~ri ~ of the P~1ncîpal Act the following section is inserted: 
Artistic work of olympic torch and flame may be prescribed 
"2A.( 1) The regulations rriay prescribe a single artistic work of an 
olympic torch and flame for a particular Summer Olympie Garnes or for a 
particular Winter Olympie Garnes. The artistic work must not incorporate 
the olympic symbol. 
"(2) The rcgulations must not prescribe an artistic wôrk unlcss: 
(a) copyright under the Copyright Act 1968 subsists in the artistic work; 
and 
(b) the Committee is the owner of the copyright in the artistic work. 
"(3) The Govemor-General may not make a regulation prescribing an 
artistic work for a particular Olympie Garnes before the l July that is at least 
3'h years but less than 41h years before the opening ofthose Olympie Garnes 
(that is, 6 months before the earliest date on which the protection period for 
a registered torch and flame design for those Olympie Garnes could start).". 
Repeal of section 6 and substitution of new section 
5. Section 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 Olympie lnsignia. 
Protection Amendment Act 1994.". 
Infringcment_ of monopoly in protccted design 
30 6. Section 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 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.". • ~~ OQ -. 
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~ .11_. ·:. Olympie lnsig11ia Protection Ame11dme111 No. 44, 1994 
t Insertion of ncw section 
7. Aftcr section 9 the following section is inserted: 
Trade Practices Act 1974 provides further remedics 
"9A.(1) The rcmcdics providcd undcr 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 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 10 
or affiliation that it docs not have (sec paragraph 53(d) of that Act). 
"(2) The references in subsection (1) to particular ptovisions 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 nnd substitution of n~w section 15 
8. Section 10 of the Principal Act is rcpealed and the following section 
is substituted: · 
Registration of designs 
"I 0.( l) 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 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 
(c) must be lodged by being left at, or delivered by post to, the Designs 25 
Office. 
"(3) 1l1c Registrar mu!it cnusc notice or an npplicntion to be published 
in the Gault<! and.in the Official Journal. 
"(4) A notice of an application must invite pcrsons who wish to abject 
to the grant of the application on any relevant grounds to make 30 
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 d~ys after the date 
of the notice. · · ·• · · · 
"(6) A persan may, n~t later than the day specified in the QOticc, make 35 
representations to the Registrar about the application in accordance with an 
approved form. 5 
10 
15 Olympie J11sig11ia Protection Ame11dme11t No. 44, 1994 5 
,;(7) Subjcct 10 subsection (8), after the Registrar has considered any 
reprcsentations made about the application, 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 owner of the copyright in the olympic artistic 
work; and 
(c) the Committee is the owner of the design; and 
(d) no other persan has an interest in the design; and 
(e) no corresponding design in relation 10 the olympic artistic work is 
rcgistered under the Designs Act 1906; and 
(f) upon rcgistration of the design, there would be no more than 10 
registered designs with unexpired protection pcriods (including 
registered designs whose protection periods have not yet started) .. 
"(8) A design must not be registered under this section unless il is a new 
or original design and in particular, must not be registered if the design: 
(a) diff ers from a published design only in immaterial details or in 
fcatures commonly uscd in a relevant trade; or 
(b) is an obvious adaptation of a published design. 
20 "(9) For the purposes of subsection (8), a design in relation to an artistic 
work is not to be treated: 
(a) as other than new or original; or 
(b} as having been published or used; 
mercly because of any use made of the artistic work by the Committee be fore 
25 the day on which the application for registration of the design was Jodged. 
"(l 0) Where the Registrar decidcs undcr subscction (7) to rcgister, or to 
refuse to rcgister, a design, the Rcgistrar must cause notice of that decision 
to be published in the Gazette and in the Official Journal. 
"(11) An nppcnl lies to the Fcdernl Court from the dccision oC'the 
30 Rcgistrnr to rcgistcr, or to refuse 10 rcgislcr, a design. 
"(12) In this section: 
'published design', in relation to an application under this section, me:ms 
a design that: · · 
(a) was registered underthe Designs Act 1906; or 
35 . (b) wiis published or used in Australia in respect of any article; 
before the day on whièh the application was lodged. 
. . . . 
"(13) For the purposes of the definition of 'published design' in 
subsection ( 12), any secret use of the design is to be disregarded.". 
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~ Olympie /nsig11ia Protection Amendmclll No. 44, /994 
dension or reduction of protection periods in relation to rcgistered 
ympic designs 
· 9. Section 11 of the 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 the prescribcd fce; and"; 
(b) by omitting from paragraph (2)(c) "shall" and substituting "must". 
1sertion of new.scction 
10. After section 11 of the Principal Act the following section is inscrtcd: 10 
eduction of protection pcriods for registcrcd torch and flame 
esigns 
"11 A.( 1) The Registrar must, on the application of the Commiuee made 
1 accordance with ari approved form, reduce the duration of the protection 
!rlod in relation to a registered torch and flame design. 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 Official Journal.". 
egistcr of Olympie Designs 
11. Section 12 of the Principal Act is amended by omitting paragraph 20 
'.)(b) and substituting the following word and paragraphs: 
and (b) the 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 periods in relation to registered torch and 25 
flame designs; and". 
lertain purportcd dispositions or charges to be vold 
12. Sec.tion 15 of the Principal Act is amended: 
(a) by omitting from paragraphs (l)(b) and (2)(b) "protected des_ign" 
and substituting "registcred olympic design"; 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 whole 
or any part of ils interest in a registered tôrch 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.". Olympie Jnsignia Protection Amendment No. 44, /994 7 
Application of the 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"; 
(c) by inserting after subsection (5) the following subsection: 
"(SA) Where the protection period in relation to a registercd torch 
and flame design has ended, it is not an infringement of the copyright 
in the artistic work concerned to apply the design to an article.". 
10 Certain marks not to be registcrcd undcr the Tra<!e Marks Act 1955 
14. Sëction 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 the Principal Act is amended: 
(a) by omitting from paragraph (1 )(a) "before the date of 
commencement of this Act"; 
(b) by omitting from paragraph (l)(b) "before that date"; 
20 (c) by omitting from subsection (2) "the date of commencement of this 
Act" and substituting "a relevant date"; 
(d) by inserting after subsection (2) the following subsection: 
"(2A) ln subsection (2): 
'relevant date' means each of the following: 
25 (a) the date of commencement of this Act (23 June 1987); 
(b) the date of commencement of the Olympie Jnsignia 
Protection Amendmellt Act 1994; 
(c) the date of registration of a registercd torch and flamc 
design."; 
30 (c) by inserting after subparagraph (3)(b)(i) the following subparagraph: 
"(ia) the copyright in a prescribed olympic torch and flame; or"; 
(f) by omitting from paragraph (3)(c) "before the date of 
commencement of this Act"; 
(g) by omitting from paragraph (3)(d) "before that date"; 
35 (h) by omitting from paragraph (3)(e) "of the kind referred to'-' and 
substituting "as mentioned". 
Further amendments 
16. The Principal Act is further amended as set out in the Schedule. . . >-o -p) ~ 
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Cil --~ SCHEDULE 
FURTHER AMENDMENTS IP/N/1/ AUS/1/4 
Page 15 
Section 16 
The 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 
1. No. 27, 1987. 
[Minisier's second reading speech.made in-­
Senate on 16 December 1993 
House of Representatives on 3 Morch 1994] 
Printed by Authorlty by the Commonwealth Oovcmment Printer (227/93) IP/N/l/AUS/1/4 
Page 16 
Statutory Rules 1993 No. 2341 
Olympie 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 lnsignia Protection Act 1987. 
Dated 2 September 1993. 
P.BENNETI 
Administrator 
By His Excellency's Command, 
C. SCHACHT 
Minister for Science and Small Business 
Citation 
1. These Regulations may be cited as the Olympie Insignia 
Protection Regulations. 
[NOTE: These Regulations commence on gazettal: see Acts IJZterpretation Act 
190], S. 48.] 
50266 (92R673) Cat. No. 93 4068 O IP/N/1/ AUS/1/4 
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2 Olympie lnsignia Protection 1993 No. 234 
Interpretation 
2. In these Regulations, unless the contrary intention 
appears: . 
"Act" means Olympie lnsignia Protection Act 1987; 
"approved form" has the same meaning as in Part Ill of the Act; 
"Register" means Register of Olympie 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 
relaùon 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 
rimes 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 or an obvious mistake. 
(2) The Registrar may, of bis or her own initiative, amend 
an entry in the Register to correct a clerical errer or an obvious 
mistake. IP/N/1/ AUS/1/4 
Page 18 
Olympie lnsfgnia Protection 1993 No. 234 
NOTE 
I. Notified in the Commonwealth of Australia Gazette on 9 September 1993. 
Printed by Authority by the Commonwealth Government Printer 3 