D05.1 s.18 of the Olympic Insignia Protection Act 1987 s.43(1)(b)

Date Published

Section 18 of the Olympic Insignia Protection Act 1987 (Cth) provides:

"The Registrar shall not register under the Designs Act 2003 (Cth):

a. a protected design;

b. a design incorporating a 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."

Section 2 of the Olympic Insignia Protection Act provides the following definitions:

"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.

"design of the olympic symbol" means the design that, when applied to any article, results in a reproduction of the olympic symbol.

"olympic symbol" means the symbol an outline of which is set out in the Schedule.

The outline of the olympic symbol is:

"registered olympic design" means a design registered under the Olympic Insignia Protection Act in relation to an artistic work that incorporates the olympic symbol.

"registered torch and flame design" means a design registered under the Olympic Insignia Protection Act in relation to an artistic work that is or incorporates a prescribed olympic torch and flame.

Designs registered under the Olympic Insignia Protection Act can be found at: https://www.ipaustralia.gov.au/designs/applying-design/search-design/registered-olympic-designs

Included are both designs that have previously been registered and those that are currently registered. Note the Date of Registration and Date of end of Registration detail.