The Federal government has introduced Bill C-47, the Olympic and Paralympic Marks Act to provide additional intellectual property protection for Olympic trade-marks and symbols associated with the Vancouver 2010 Olympic Winter Games (2010 Games). Bill C-47 has only passed first reading in the House of Commons but, unless Parliament's sittings are interrupted by an election, it would seem likely to be enacted. The Vancouver Olympic Organizing Committee (VANOC) has consulted closely with Industry Canada about the need for such special legislation to protect Olympic and Paralympic trade-marks and symbols. VANOC has asked for such legislation in order to protect against implied association or "ambush marketing" which it asserts is not sufficiently deterred by existing trade-mark and copyright law. This goal is similar to that of legislation enacted for previous Olympics such as the Turin 2006 Olympic Winter Games and the London 2012 Summer Olympics. Olympic committees have a tradition of aggressively defending the Olympic trade-marks, for example:
In 2004, the Canadian Olympic Committee demanded that a restaurant owner remove the signs from his restaurant named "Olympia Pizza and Pasta Restaurant" which contained the Olympic rings and torch; In 2005, the US Olympic Committee demanded that the Ferret Olympics change its name; or In 2005, VANOC pressured a company into changing one of its promotional campaigns because the company allegedly insinuated a relationship to the 2010 Games (a competitor of the company is an official sponsor of the 2010 Games)
Special regulations have also been enacted by China to protect the Olympic trade-marks and symbols leading up to the Beijing 2008 Summer Olympics. The Chinese regulations not only specify permitted uses of Olympic trade-marks and symbols but they also give additional powers to the Chinese Industry and Commerce Departments to deal with unauthorized use of Olympic trade-marks and symbols, including special investigative and inspection powers. For more information about Bill C-47, the Olympic and Paralympic Marks Act, see: http://tinyurl.com/2oqry8; and http://tinyurl.com/359pvf For more information about the Chinese Regulations on the Protection of Olympic Symbols, visit: http://en.beijing2008.cn/98/69/article211986998.shtml Summary by: Andrei Edwards

E-TIPS® ISSUE

07 03 14

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