12.7. Section 43 refusal to register: Olympic symbols

Any design that includes Olympic designs/symbols must not be registered (s 43; reg 4.06). This category includes:

• a protected design
• a design incorporating a protected design
• a design that differs from a protected design only in immaterial details or in features commonly used in a relevant trade
• a design that is an obvious adaptation of a protected design (Olympic Insignia Protection Act 1987 (Cth), s 18).

Section 2 of the Olympic Insignia Protection Act contains the following definitions.

Protected design means:

1. the design of the Olympic symbol
2. a registered Olympic design
3. 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 that is shown in outline in the schedule to the Olympic Insignia Protection Act.

Registered Olympic design means a design registered under the Olympic Insignia Protection Act in relation to an artistic work that incorporates the Olympic symbol. For more information, see  Olympic designs on IP Australia’s website. The page lists both designs that have previously been registered and those that are currently registered. The date of registration and date of end of registration details show whether a design is currently registered and therefore a protected design.

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.