WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlNfIf AUSfIf4 
3 October 1996 
(96-4001) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Australia 
The present document reproduces the following laws and regulations 1, as notified by Australia 
under Article 63.2 of the Agreement (see document IPfNfllAUSfllRev.1): 
Olympic Insignia Protection Act 1987 2 
Olympic Insignia Protection Amendment Act 10 
Olympic Insignia Protection Regulations 16 
1 English only JP/N/V AUS/I/4 
Page 2 
Olympic Insignia Protection Act 1987 
Short title 
Interpretation 
Act to bind Crown No. 27 of 1987 
TABLE OF PROVISIONS 
PART I-PRELIMINARY 
Section 
1. 
2. 
3. 
4. Extension of Act to external Territories 
PART IJ-COPYRIGHT PROTECTION 
5. Ownership, &c., of copyright in the olympic symbol 
PART Ill-DESIGN PROTECTION 
6. Ownership of protected design 
7. Monopoly of design 
8. Infringement of monopoly in protected design 
9. Remedies for infringement of monopoly in protected design 
10. Registration of olympic designs . 
J J. Extension or reduction of protection periods in relation to registered olympic dcsign~ 
12. Register of Olympic Designs 
13. Delegation 
J 4. Approved forms 
PART IV-MISCELLANEOUS 
J 5. 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 not to be registered under the Trade Marks Act /955 
20. Preservation of certain existing rights 
21. Compensation for acquisition of property 
22. ReguJations 
SCHEDULE 
OUTLINE OF THE OLYMPIC SYMBOL IP!NIl! AUSII!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 for related purposes 
[Assented to 26 May 19871 
[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 I-PRELIMINARY 
Short title 
5 1. This Act may be cited as the Olympic 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 
Territories; 
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 Insignia Protection No. 27. /987 
"corresponding design'" in relation to an artistic work, means 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, results in a reproduction of the olympic symbol; 5 
"Federal Court" means the Federal Court of Australia; 
"Federation" means the Australian Olympic Federation Incorporated, 
being 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 to 
to apply the design to any article to which the design is capable of 
being applied; 
"olympic motto" means the motto "citius, altius, rortius"; 
"olympic symbol" means the symbol an outline of which is set out in 
the Schedule; 15 
"protected design" means-
(a) the design of the olympic symbol; and 
(b) a registered olympiC design; 
"protection period", in relation to a registered olympic design, means 
the period of 12 years commencing on the day the design was 20 
registered, as extended or reduced under section 11; 
"registered olympic design" means a design registered under this Act; 
"Registrar" means 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) Where, 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 
registered under that Act for nn article specified in those regulations, a 
reference in this Act to an article does not include a reference to nn article 30 
so specified. 
(3) Unless the contrary intention appears, an expression used in this Act 
and the Designs Act J 906 has the same meaning in this Act as in the 
Designs Act 1906. 
Act to bind 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 
Territory and of Norfolk Island. 
Extension of Act to external Territories 
4. This Act extends to the external Territories. 40 5 
10 
15 Olympic Insignia Protection No. 27, J 987 3 
PART I1-COPYRIGHT PROTECfION 
Ownership, &c., of copyright In the olympic symbol 
5. (1) For the purposes of the Copyright Act 1968-
(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 J 968-
(a) copyright in the olympic symbol subsists indefinitely; and 
(b) a fair dealing with the olympic symbol does not constitute an 
infringement of the copyright in the olympic symbol if it is for the 
purpose oft or is associated with, the giving of information (including 
the reporting of news)-
(i) in a newspaper, magazine or similar periodical; or 
(it) by means of broadcasting or in a cinematograph 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 Ill-DFBIGN PROTECfION 
Ownership of protected design 
6. The Federation shall be taken to be the owner of a protected design. 
Monopoly of design 
25 7. (1) The Federation has n monopoly in a protected design. 
(2) The rights of the Federation with respect to a protected design are 
personal property and, subject to this Act, the laws applicable to ownership 
of personal property npply in relation to the monopoly in the design 8S they 
apply in relation to other choses in action. 
30 Inrrlngement or 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 person. without the licence of .the Federation-
(c) applies the design or any 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 '"0 ...... 
~ '"0 (JQ­
(0 Z 
~;:; -~ en -...... 
:f;: 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 offers or keeps for sale, or hires, or offerS or keePs' for 
hire-
(i) any article to which the design or any fraudulent or ob~ious 
imitation of it has been applied in infringement of the 
monopoly in the design; or 
(ii) any article-5 
(A) to which the design or any fraudulent or obvious 
imitation of it has been applied; and 10, 
(8) that has been imported into Australia In infringement 
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 (1) (e) (i) 
in relation to an article if, at the time when the person did the act that, but 15 
for this sub-section, would have constituted the infringement. the person did 
not intend 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 monopoly in a 
protected design- 20 
(a) the Federation; or 
(b) a holder of a licence in relation to the design whose interests have 
been, are or would be affected by the infringement, 
may bring an action or proceeding against the person in the Federal Court 
for infringement of the monopoly in the design. 2S 
(4) An action or proceeding ror infringement of the monopoly in <1 
protected design shall not be instituted by the holder of a licence in relation 
to the design without the consent of the Federation. 
(5) Where-
(a) a person, being the holder of a licence in relation to a protected 30 
design, applies, by notice in writing served on the Federation, 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 refuse that consent before the end 35 
of the period of 7 days after the day on which the notice was 
served, 
,he Federation shall. at the end of that 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 
)roceeding shall not be unreasonably refused. Olympic Insignia 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 
protected design. 
(8) For the' purposes of this section, a design shall not "be taken not to 
5 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. 
Remedle! for Infringement of monopoly In 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 
injunction (subject to such terms, if any, as the Court thinks fit) and, at the 
option of the plaintiff, either damages or an account of profits. 
Registration of olympic desIgns 
10; (1) The Federation maYt 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 accompanied by a fee of $65 or such higher fee 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 under sub-section (I), 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 application on any relevant grounds to ,make 
representations in connection with the application by such date, not being a 
30 date earlier than 60 days after the date of the notice, as is specified in the 
notice. 
(5) A person may. not later than the dale specified in lhe notice, make 
:epresentalions to the Registrar in connection with the application in 
accordance with an approved form. 
35 (6) 'Subject to sub-section (7). after 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; ,.' '"'dl-l 
~ '"'d OQ­
(l) Z -Ut ..... 
~ (I) -1-1 
~ 6 mympic Insignia Protecllon No. 27, 1987 
(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 were registered under 
this Act, the number of registered olympic designs with unexpired 
protection periods would not exceed J O. 
(7) A design shall not be registered under this Act unless it is a new or 
original design and in particular, shall not be registered if the design-
(a) differs only in immaterial details or in features 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-section (7), account' shall not be taken' of 
any secret use. 
(9) Where the Federation is the owner of the copyright in an artistic 
work, the design in relation to the artistic work shall not De 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 Registrar shall cause notice of 
the decision to be published in the Gazette and in the Official Journal. 
(11) 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 reduction of protectIon perIods .In relation to registered 
olympic designs 
t 1. (1) The Federation may, not later than 6 months before the end of 
the protection period in relation to a registered olympic design (including a 
protection period that hns been extended or reduced under this section), 
apply to the Registrar for that period to be extended by a further period of 
12 years. 
(2) An application under sub-section (1)-
(a) shall be in accordance with an approved form; 
(b) shall be accompanied by a fee of $65 or such higher fee 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 under sub-section (J), the Registrar 
shall cause notice of the application to be published in the Gazelle and in 
the Official Journal. 5 
IQ 
15 
20 
25 
30 
35 
40 5 
10j . 
15 
20 
25 
30 
35 
40 Olympic Insignia Protection No. 27, 1987 7 
(4) A notice of an application shall invite persons who wish to object 
to the grant of the application on any, reJevant grounds to make 
representations in conneCtion with the application by such date, not being a 
date earlier than 60 days after the date of the notice, as is specified in the 
noUce. 
(5) A person may, not later than the date specified in the notice, make 
representations to the Registrar in connection with the application in 
accordance with an approved fonn. 
(6) After the Registrar has considered any such repr~entations made in 
respect of an application for the extension of the protection period in 
relation to a registered olympic design, the Registrar shall, before the end of 
the protection period, extend the protection period for a further period of 
12 years if the Registrar would be, required to register the design if an 
application for registration of the design had been made immediateJy after 
the end of the protection period. 
(7) The Registrar shall, on the application of the Federation made in 
accordance with an approved form, reduce the duration of the protection 
period in relation to a registered olympic design. 
. (8) Where the protection period in reJation to a registered olympic 
design ends or is extended. the Registrar shall cause notice of the end or 
extension to be published in the Gazelle 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 appeaJ Jies to the Federal Court from a decision of the Registrar 
under sub-section (6) to extend or to refuse to extend a protection period. 
Register or OlympIc DesIgns 
12. (1) There shall be kept at the Designs Office a Register of Olympic 
Designs. 
(2),: The Registrar shall enter in the Register of Olympic Designs 
particulars of-
(n) registered olympic designs; 
(b) the end and extension of protection periods in relation to registered 
olympic designs; and 
(c) any other prescribed matters. 
(3) The Register of Olympic Designs shall be open to the inspection of 
the public at the times, and on payment of the fees (if any), prescribed for 
the purposes of this section. 
(4) The regulations may make further provision with respect to the 
Register of Olympic Designs. including, but without limiting th~ generality 
of the foregoing, provision for the correction of errors in the Register of 
Olympic Designs. ~­~ ~ OQ­
(l) Z 0\;::: > c:: en 
~ 
~ 8 f Olympic 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 Court, on the application of a person aggrieved, may 
order the rectification of the Register of Olympic Designs by-
(a) the making of any entry wrongly omitted to be made in the Register 
, of Olympic Designs; or 
(b) the expunging or amendment of .my entry wrongly made in or 
remaining on the Register of Olympic Designs; or 5 
:.cc) the correcting of any error or defect in the Register of Olympic 10 
Designs. 
(7) Notice of each ,application under sub-section (6) shall be given 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 receipt of the order, take such steps as nre necessary 15 
to give effect to the order. 
(9) A defendant in an action or proceeding for the infringe' 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 Register of Olympic Designs 
by the expunging of the entry of the registration of the design from the 20 
Register of Olympic Designs. ' . 
Delegation 
13. Section BA of the Designs Act 1906 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 powers under that Act. 25 
Approved forms 
14. (I) A reference in this Part to an approved form is a reference to 
a form approved by the Registrar in writing. 
(2) An approved form may require any statement in the form to be 
verified by a statutory declaration accompanying the form. 30 
PART IV-MISCELLANEOUS 
Certain purported dispositions or charges to be void 
15. (1) A disposition, by assignment. declaration of trust or by any 
other means, purporting to be made by the Federation of the whole or any 
part of- 35 
(a) its interest in the copyright in the olympic symbol; or 
, , 
(b) its interest in a protected design, 
is void. Olympic Insignia Protection No. 27, 1987 9 
(2) ,A charge purporting to be given by the Federation with respect to 
an asset of the Federation that consists of, or includes, the whole or any 
part of-
(n) its interest in the copyright in the olympic symbol; or 
5 Cb) itS interest in a protected design, 
is void. 
Valldatlon of certain licences 
16. Where, before the date of commencement of this Act, the Federation 
purported to grant a licence for a particular period ending after that date 
10 in respect of the copyright in, or the design of, the olympic symbol, the 
licence is as valid and effectual as it would have been if it had been granted 
on that date for the part of that period that commenced on that date. ' 
Applicatlon oC the Copyright Act 1968 
17. (1) Division 8 of Part III of the Copyright Act 1968 does not apply 
15 in relation 10-
(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 infringement 
of the copyright in the artistic work to apply the design to an article. 
(4) Where-
25 (a) an artistic work incorporales the olympic symbol; 
Cb) the design in relation to the artistic work is registered 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 un 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 immaterial details or in features commonly used in a relevant 
trade. 
(5) 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 
artistic work. ~1-0004 
f;I:I "'d (JQ­o Z 
-l~ > c:: 
CIl -1-0004 
~ 10 Olympic Insignia 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 artistic 
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, offer or keep for sale, or hire, or offer or keep for hire, nny 
. article to which the design has been applied. 
Protected designs not to be registered under the Designs Act 1906 
18. The Registrar shall not register under the Designs Act 1906- 10 
(a) a protected design; 
(b) a design incorp9rating n protected design; 
(c) a design that differs from a protected design only in immaterial 
details or in features 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 Trsde Marks Act 1~55 
19. The Registrar of Trade Marks shall not register under the Trade 
Marks Act 19.55 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 
likely to be taken for that mark: 20 
(a) the olympic motto; 
(b) the olympic symbol; 
(c) where the design in relation to an artistic work is registered under 
this Act-the artistic work. 
Preservation of certain existing rights 25 
20. (1) Subject to sub-section (3), nothing in this Act affects any rights 
conCerred by law on a person in respect or-
(a) a trade mark registered under the Trade Marks Act 1955 before 
the date of commencement oC this A ct; or 
(b) a design registered under the Designs Act 1906 before that date. 30 
(2) Subject to sub-section (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, 
immediately before that date, the person would have been entitled to prevent 
another person 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 
mentioned person. 
(3) In an action or proceeding against­
(a) the Federation; or . 
(b) the holder of a licence granted by the Federation in respect of-
(i) the copyright in, or the design of, the olympic symbol; or 40 Olympic Insignia Protection No. 27, 1987 11 
(H) a design registered, or purporting to be registered, under this 
Act, 
for-
(c) the infringement of a trade mark registered under the Trade Marks 
5 Act /955 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 that 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, at the time of the infringement or use,' the defendant was not 
aware that the trade mark or design was so registereo, or that. the 
plaintiff was entitled to prevent the passing off, as the case may be; 
and 
15 (g) that the deCendant had, before that time. taken all reasonable steps 
to ascertain whether the trade mark was so registered, a monopoly 
in the design so existed or the plaintiff had such an entitlement to 
prevent a passing off, as the case may be. 
Compensation for acquisition of property 
20 21. (1) Where, 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 otherwise than on just terms, there is payable to the first­
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 proceedings that are instituted under 
this section shall be taken into account in assessing damages or compensation 
or giving any other remedy 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 remedy given in 
proceedings that are instituted otherwise than by virtue of this Act shall be 
taken into account in assessing compensation payable in proceedings that 
are instituted under this section and that arise out of the same event 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 
oo~ > c::: (IJ 
....... ~ 
~ 12 Olympic insignia Protection No. 27, 1 Y(J/ IP/N/lIAUS/I/4 
Page 9 
(b) necessary or convenie'nt to be prescribed for carrying out or giving 
. effect to this Act. 
SCHEDULE Sub-section 2 (I) 
OUTLINE OF THE OLYMPIC SYMBOL 
[Minister's second reading speech made in-
House of Representatives on 23 October 1986 
Senate on 20 February 1987J 
Printed by Authority by the Commonwealth Government Prin~er ( (04/86) Section 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. .6 
.J~h[\USTRALIA'I& 
~)»>~(«(\..o..:. 
Olympic Insignia Protection 
Amendment Act 1994 
Short title etc. 
Commencement 
Interpretation No. 44 of 1994 
TABLE OF PROVISIONS 
Insertion of new section: 
2A. Artistic work of olympic torch and flame may be prescribed 
Repeal of section 6 and substitution of new section: 
6. Ownership of design of olympic symbol 
Infrin~ement of monopoly in protected design 
Insertion of new section: 
9A. Trade Practices Act 1974 provides further remedies 
Repeal of section 10 and substitution of new section: 
10. Registration of designs 
53533 Cat. No. 94 4245 5 Section 
9. 
10. 
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: 
ItA. Reduction of protection periods for registered torch and name designs 
Register of Olympic Designs 
Certain purported dispositions or charges to be void 
Application of the Copyright Act 1968 
Certain marks not to be registered under the Trade Marks Act 1955 
Preservation of certain existing rights 
Further amendments 
SCHEDULE 
FURTHER AMENDMENTS ~­~ ~ oq­
(p Z -............ 0-
~ en 
~ :;:;: IPINIl! AUS/I/4 
Page 11 
Olympic Insignia Protection 
Amendment Act 1994 
No. 44 of 1994 
An Act to amend the Olympic 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 Olympic Insignia Protection 
AmendmentAct 1994. 
5 (2) In this Act, "Principal Act" means the Olympic Insignia Protection 
Act 19871. 
C:ommmmencemment 
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: . 
(8) by omitting from subsection (1) the definitions of "olympic motto", 
"protected design",- "protection period" and "registered olympic 
I design", and substituting the following defmitions: Olympic /llsi[:l1ia Protection Am~l1dmellt No. 44, 1994 
"'olympic motto' means: 
(a) the motto expressed in Lati,il as 'citius, altius, fortius'; and 
(b) the motto eXp'ressed.in English as 'faster, higher, stronger'; 
'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 registered olympic design-the period of 12 
years starting on the day the design was registered. as 
extended or reduced under section 11; or 
(b) in relation to a registered torch and flame design for a 
particular Summer or Winter Olympic Games-the period 
starting: 
(i) on the I January that is at least 3 years but less than 
4 years before the opening of those Olympic Games; 
or 
(ii) when the design is registered; 
whichever is later, and ending on 31 December next after the 5 
10 
15 
closing of those Olympic Games, as reduced under section 20 
1.IA; 
'registered olympic design' means a design registered under this 
Act in relation to an artistic work that incorporates the olympic 
symbol;"; 
J) by omitting the definition of "Federation" in subsection (1); 
c) by inserting in subsection (1) the following definitions: 
" 'Committee' means the Australian Olympic Committee 
Incorporated, being an association incorporated on 24 April 1985 
under the Associations Incorporation Act 1981 of Victoria; 25 
'olympic artistic work' means: 30 
(a) a prescribed olympic torch and flame; or 
(b) an artistic work that incorporates 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' means a design registered under section 10; 5 
10 
15 
20 
25 Olympic Insignia Proteetioll Amelldmellt No. 44, 1994 3 
'registered 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;". 
, ·1 
Insertion of new section 
4.·Ah~r sedi~ri ~ of the P~lndpal Act the following section is inserted: 
Artistic work of olympic torch and name may be prescribed 
"2A.( I) The regulations may prescribe a single artistic work of an 
olympic torch and flame for a particular Summer Olympic Games or for a 
particular Winter Olympic Games. The artistic work must not incorporate 
the olympic symbol. 
"(2) The regulations must not prescribe an artistic work unless: 
(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 Governor-General may not make a regulation prescribing an 
artistic work for a particular Olympic Games before the I July that is at least 
31/2 years but less than 4112 years before the opening of those Olympic Games 
(that is, 6 months before the 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. Section 6 of the Principal Act is repealed and the following section is 
substituted: 
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 registered olympic design that was registered under this Act 
immediately before the commencement of the Olympic Insignia. 
Protection Amendment Act 1994.". 
Infringement. of monopoly in protected 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-­
Cb Z -­~ ~ N> 
~ en 
~ 
~ l1_, ':' Olympic IlIsignia Protection Amclldmelll No. 44, i994 
t 
Insertion of new section 
7. After section 9 the following section is inserted: 
Trade Practices Act 1974 provides further remedies 
"9A.(l) The 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 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 10 
or affiliation that it does not have (see paragraph 53(d) of that Act}. 
"(2) The references in subsection (1) to particular p"rovisions 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 repealed and the following section 
is substituted: ' 
Registration of designs 
"10.( I) 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 fee; and 
(c) must be lodged by being left at, or delivered by post to, the Designs 25 
Office. 
"(3) 1lle Registrar mll!>t cnllse notice of an application to be published 
in the Gaullt! and,in the Off/cial 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 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 person 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 Olympic illsignia Protcctioll AmelldlllclIl No. 44. 1994 5 
';(7) Subject to subsection (8), after the Registrar has considered any 
representations 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 person has an interest in the design; and 
(e) no corresponding design in relation to the olympic artistic work is 
registered under the Designs Act 1906; and 
(t) upon registration of the design, there would be no more than 10 
registered designs with unexpired protection periods (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 the design: 
(a) differs from a published design only in immaterial details or in 
features commonly used 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; 
merely because of any use made of the artistic work by the Committee before 
25 the day on which the application for registration of the design was lodged. 
"(10) Where the Registrar decides under subsection (7) to register, or to 
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 rlppeal lies to the Federal Court from the decision of'the 
30 Registrar to register, or to refuse to regisler, a design. 
"(12) In this section: 
'published design'. in relation to an application under this section, means 
a design that: . . 
(a) was registered underthe Designs Act 1906; or 
35 . (b) wits published or used in Australia in respect of any article; 
before the day on which 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.". 
, . ~100004 
~ ~ (JQ-
(t) Z -~~ w-:> 
~ en 
~ 
~ Olympic Insignia Protcction Amendmclll No. 44, 1994 
dension or reduction of protection periods in relation to registered 
ympic designs 
'9. Section 11 of the Principal Act is amended: 
'(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 prescribed fee; and"; 
(b) by omitting from paragraph (2)(c) "shall" and substituting "must". 
Isertion of new,section 
10. Aftersection 11 of the Principal Act the following section is inserted: 10 
eduction of protection periods for registered torch and flame 
esigns 
" 11 A.( I) The Registrar must, on the application of the Committee made 
I accordance with ati approved form, reduce the duration of the protection 
~riod in relation to a registered torch and flame design. 15 
"(2) Where the protection period in relation to a registered torch and 
ame design ends, the Registrar must cause notice of the end of that period 
I be published in the Gazette and in the Official Journal.". 
egister 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) the end and extension of protection periods in relation to registered 
olympic designs; and 
(ba) registered torch and flame designs; and 
(bb) the end of protection periods in relation to registered torch and 25 
flame designs; and". 
~ertain purported dispositions or charges to be void 
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 "registered olympic design"; 30 
(b) by adding at the end the following subsections: 
"(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 its interest in a registered torch and flame 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 Amendmellt No. 44, 1994 7 
Application of the Copyright Act 1968 
13. S,ection 17 of the Principal Act is amem~ed: 
(a) by inserting after paragraph (I )(a) the following 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: 
"(5A) Where the protection period in relation to a registered 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 registered under the Trac!e Marks Act 1955 
14. Section 19 of the Principal Act is amended by inserting after 
paragraph (b) the following,paragraph: . 
"(ba) where an artistic work of an olympic torch and flame is prescribed 
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 (l )(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) In 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 Olympic Insignia 
Protection Amendmem Act 1994; 
(c) thc datc of registration of a registered torch and flame 
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. 
, . ~­P> ~ (IQ ........ 
Ol Z ........ ............ 
.J:::o.-:> c:: en ........ -~ SCHEDULE 
FURTHER AMENDMENTS IPINIl! AUS/I/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. 
[Minister's second reading speech-made in-­
Senate on 16 December 1993 
House of Representatives on 3 March 1994] 
Printed by Authority by the Commonwealth Government Printer (227/93) IP/N/lIAUSIII4 
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 
... QI'Lmpic Insignia Protection Act 1987. 
Dated 2 September 1993. 
By His Excellency's Command, 
C. SCHACHT P.BENNETI 
Administrator 
Minister for Science and Small Business 
Citation 
1. These Regulations may be cited as the Olympic Insignia 
Protection Regulations. 
[NOTE: These Regulations commence on gazettal: see Acts ImerpretatiolZ Act 
1901, s. 48.] 
50266 (92R673) Cat. No. 93 4068 0 IPINIl! AUS/I/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 ITl of the Act; 
"Register" means Register of Olympic Designs. 
Application for registration of olympic design-fee 
3. For the purposes of paragraph 10 (2) Cb) 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 lodging 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 or an obvious mistake. 
(2) The Registrar may, of his or her own initiative, amend 
an entry in the Register to correct a clerical error or an obvious 
mistake. IP/N/lI AUS/I/4 
Page 18 
Olympic Insignia Protection 1993 No. 234 
NOTE 
1. Notified in the Commonwealth of Australia Gazette on 9 September 1993. 
Printed by Authority by the Commonwealth Government Printer 3 