Explanatory note

These Regulations make provision with respect to orders which the court may make in an action for infringement of the Olympics association right. The Olympics association right consists of the rights and remedies conferred by the Olympic Symbol etc. (Protection) Act 1995 in relation to the controlled representations, namely representations of the symbol of the International Olympic Committee, consisting of five interlocking rings; the motto of the International Olympic Committee, “Citius Altius Fortius” and its translations; the words “Olympiad”, “Olympiads”, “Olympian”, “Olympians”, “Olympic” and “Olympics”; or the symbol or motto of the International Olympic Committee in such a way as to create in the public mind an association with them.

Regulation 2 provides that the court may order the erasure of the offending controlled representation from any infringing goods, material or articles or the destruction of the infringing goods, material or articles in question.

Regulation 3 provides that the proprietor of the Olympics association right may apply to the court for an order that any infringing goods, material or articles be delivered up to him or such other person as the court directs. Regulation 4 provides for the periods beyond which an application for such an order may not be brought.

Regulation 5 provides that the proprietor of the Olympics association right may apply to the court for an order that infringing goods, material or articles which have been delivered up in pursuance of an order under regulation 3 may be destroyed or forfeited. It also confers a power to make rules of court to provide for the notification of any persons who might have an interest in any such goods, material or articles.

The orders specified in these Regulations may be made by the High Court in England and Wales and Northern Ireland, and the Court of Session in Scotland. Orders under regulation 3 or regulation 5 may also be made by the sheriff court in Scotland or a county court in Northern Ireland.