Marginal note:Exportation of wares
9. A court shall not make an order under subsection 5(1) or paragraph 8(1)(b) for the exportation of wares bearing an Olympic or Paralympic mark unless it includes, as a condition of the order, a requirement that the mark be removed from the wares before they are exported.
Marginal note:Jurisdiction of Federal Court
10. The Federal Court has jurisdiction to entertain any action or proceeding for the enforcement of any of the provisions of this Act or of any right or remedy conferred or provided by this Act.
Marginal note:Effect of public notice
11. For greater certainty, public notice by the Registrar of the adoption and use of a badge, crest, emblem or other mark in accordance with a request made under paragraph 9(1)(n) of the Trade-marks Act has no legal effect if, at the time of the request, the requester was prohibited under section 3 from adopting or using it.
12. (1) The Governor in Council may, by regulation, on the recommendation of the Minister of Industry, prescribe periods for the purposes of paragraph 3(4)(a), subsection 4(1), paragraph 5(2)(a), section 6 and paragraph 8(2)(a).
(2) The Governor in Council may, by order, on the recommendation of the Minister of Industry,
(a) amend Schedule 1 by adding or deleting any mark relating to Olympic Games or Paralympic Games, other than those that are referred to in paragraph (b);
(b) amend Schedule 2 by adding to or deleting from that Schedule, in column 1, any mark relating to Olympic Games or Paralympic Games hosted by Canada, and, in respect of any such mark, adding to or deleting from that Schedule, in column 2, the corresponding expiry date; and
(c) amend Schedule 3 by adding any expression that in the opinion of the Governor in Council may be relevant in determining whether an act has been done contrary to section 4, or by deleting any expression set out in that Schedule.
AMENDMENT TO THIS ACT
Marginal note:Schedules 2 and 3
13. All the items in Schedules 2 and 3 are repealed.
Marginal note:R.S., c. T-13
14. Subsection 12(1) of the Trade-marks Act is amended by striking out the word “and” at the end of paragraph (g), by adding the word “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) subject to subsection 3(3) and paragraph 3(4)(a) of the Olympic and Paralympic Marks Act, a mark the adoption of which is prohibited by subsection 3(1) of that Act.
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