Marginal note:Limitation period
7. No remedy may be awarded in respect of an act contrary to section 3 or 4 that was committed more than three years before the commencement of an action under subsection 5(1).
Marginal note:Detention and disposition of imported wares
8. (1) A court may, on application,
(a) if it considers that any wares to which an Olympic or Paralympic mark has been applied are about to be imported into Canada or have been imported into Canada but have not yet been released, within the meaning of the Customs Act, and that their distribution in Canada would be a use of the mark as a trade-mark that is contrary to section 3, make an order
(i) directing the Minister of Public Safety and Emergency Preparedness to take reasonable measures, on the basis of information reasonably required by that Minister and provided by the applicant, to detain the wares,
(ii) directing that Minister to notify the applicant and the owner or importer of the wares, without delay after detaining them, of the detention and the reasons for it, and
(iii) providing for any other matters that the court considers appropriate; and
(b) if it finds that the distribution in Canada of wares detained in accordance with an order made under paragraph (a) would be a use of the mark as a trade-mark that is contrary to section 3, make any order that it considers appropriate in the circumstances, including an order that the wares be destroyed or exported or that they be delivered up to the applicant as the applicant’s property absolutely.
Marginal note:Application to court
(2) An application referred to in subsection (1) may be made
(a) during any period prescribed by regulation, only by
(i) an organizing committee, or
(ii) the COC or the CPC, if it has obtained during that period an organizing committee’s written authorization to make the application, or has made a written request during that period to an organizing committee for its authorization to which the committee has not responded, in writing, within 10 days after receipt of the request; or
(b) during any other period, only by
(i) the COC or the CPC, or
(ii) an organizing committee, if the committee has obtained during that period the COC’s or the CPC’s written authorization to make the application, or has made a written request during that period to the COC or the CPC for its authorization to which the COC or the CPC, as the case may be, has not responded, in writing, within 10 days after receipt of the request.
Marginal note:No unreasonable refusal
(3) The authorization may not be unreasonably refused.
Marginal note:Application for detention order
(4) An application for an order under paragraph (1)(a) may be made either on notice or ex parte. In all cases, notice of such an application must be given to the Minister of Public Safety and Emergency Preparedness.
(5) Before making an order under paragraph (1)(a), the court may require the applicant to furnish security, in an amount fixed by the court,
(a) to cover duties, within the meaning of the Customs Act, and storage and handling charges, and any other amount that may become chargeable against the wares; and
(b) to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the wares.
Marginal note:Application for directions
(6) The Minister of Public Safety and Emergency Preparedness may apply to the court for directions in implementing an order made under paragraph (1)(a).
Marginal note:Permission to inspect
(7) The Minister of Public Safety and Emergency Preparedness may give the applicant or importer of the wares detained in accordance with an order made under paragraph (1)(a) an opportunity to inspect them for the purpose of substantiating, in the case of the applicant, or refuting, in the case of the importer, the applicant’s claim.
Marginal note:Release of wares
(8) Unless an order made under paragraph (1)(a) provides otherwise, the Minister of Public Safety and Emergency Preparedness shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release, within the meaning of the Customs Act, the wares detained in accordance with the order without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (1)(a)(ii), that Minister has not been notified that an action has been commenced for an order under paragraph (1)(b).
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.
R.S., c. T-13Trade-marks Act
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.
COMING INTO FORCE
Marginal note:Order in council
15. (1) The provisions of this Act, other than section 13, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Section 13
(2) Section 13 comes into force on December 31, 2010.
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