ARCHIVED — Order Amending Schedule 2 to the Olympic and Paralympic Marks Act

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Vol. 143, No. 26 — December 23, 2009

Registration

SOR/2009-332 December 10, 2009

OLYMPIC AND PARALYMPIC MARKS ACT

P.C. 2009-1986 December 10, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 12(2) of the Olympic and Paralympic Marks Act (see footnote a), hereby makes the annexed Order Amending Schedule 2 to the Olympic and Paralympic Marks Act.

ORDER AMENDING SCHEDULE 2 TO THE OLYMPIC
AND PARALYMPIC MARKS ACT

AMENDMENTS

1. Schedule 2 to the Olympic and Paralympic Marks Act (see footnote 1) is amended by adding the following after item 9:

Item

Column 1

Mark

Column 2

Expiry Date

9.1

Miga

December 31, 2010

9.2

Mukmuk

December 31, 2010

9.3

Quatchi

December 31, 2010

2. Schedule 2 to the Act is amended by adding the following after item 10:

Item

Column 1

Mark

Column 2

Expiry Date

10.1

Sumi

December 31, 2010

3. Schedule 2 to the Act is amended by adding the following after item 19:

Item

Column 1

Mark

Column 2

Expiry Date

20.

CLT Emblem

December 31, 2010

21.

Miga

December 31, 2010

22.

Mukmuk

December 31, 2010

23.

Gold Medal

December 31, 2010

24.

OTR Emblem

December 31, 2010

25.

Paralympic Gold

December 31, 2010

26.

PTR Emblem

December 31, 2010

27.

Quatchi

December 31, 2010

28.

Sumi

December 31, 2010

29.

Olympic Torch

December 31, 2010

30.

Alpine Skiing

December 31, 2010

31.

Biathlon

December 31, 2010

32.

Bobsleigh

December 31, 2010

33.

Cross Country Skiing

December 31, 2010

34.

Curling

December 31, 2010

35.

Figure Skating

December 31, 2010

36.

Freestyle Skiing - Aerials

December 31, 2010

37.

Freestyle Skiing - Moguls

December 31, 2010

38.

Freestyle Skiing - Cross

December 31, 2010

39.

Ice Hockey

December 31, 2010

40.

Luge

December 31, 2010

41.

Nordic Combined

December 31, 2010

42.

Speedskating - Short Track

December 31, 2010

43.

Skeleton

December 31, 2010

44.

Ski Jumping

December 31, 2010

45.

Snowboard Cross

December 31, 2010

46.

Snowboard GS

December 31, 2010

47.

Snowboard Halfpipe

December 31, 2010

48.

Speed Skating

December 31, 2010

49.

Paralympic Alpine Skiing

December 31, 2010

50.

Paralympic Biathlon

December 31, 2010

51.

Paralympic Cross Country Skiing

December 31, 2010

52.

Sledge Hockey

December 31, 2010

53.

Wheelchair Curling

December 31, 2010

COMING INTO FORCE

4. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

Pursuant to subsection 12(2)(b) of the Olympic and Paralympic Marks Act (the “Act”), the Order amends Schedule 2 of the Act by adding 38 new marks (4 words and 34 graphic designs) and prohibits them from being used by any person (including businesses) for business purposes until December 31, 2010, unless a specified exception in the Act applies.

Background

In 2007, Parliament brought the Act into force to provide protection for word and design marks associated with the Olympics and the 2010 Winter Games in Vancouver. The legislation was part of the Government’s commitment to the International Olympic Committee during the Olympic Bid phase to ensure there were appropriate legal measures in place to adequately protect the Olympic and Paralympic brand in Canada and to prevent misuse by non-sponsors who may attempt to capitalize on the goodwill associated with the Olympics and the 2010 Winter Games.

Schedule 2 of the Act lists certain Vancouver-specific word and design marks entitled to special trade-mark like protection until December 31, 2010 (e.g., the “Sea to Sky Games”). Currently, there are 19 marks on this Schedule but the Act allows for it to be amended by the Governor in Council, on recommendation of the Minister of the Industry.

Industry Canada, upon request from Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC), is adding 4 new word marks and 34 new design marks to Schedule 2 of the Act to ensure that the Olympic and Paralympic brand can be adequately protected under the Act until December 31, 2010. At the time of the coming into force of the Act, there were still some marks that had not been available or known, including the names of the mascots and the pictograms for individual sports, as they had not yet been created and approved by VANOC. The provision to amend the schedules was included in the Act as it was understood that such marks would be available at a later time.

The marks being added to Schedule 2 have been reviewed by the Canadian Intellectual Property Office (CIPO). CIPO has confirmed that they do not conflict with registered trade-marks in Canada.

Alternatives

One alternative is not to include these marks in Schedule 2. This option was not considered because of the long-standing support the Government has given to the overall success of the 2010 Winter Games, and protection of these marks is considered to be a crucial aspect to that success, particularly to the financial success. Since the Act stipulates that amendments to the Schedules are to be prescribed by Order, there are no other alternatives to adding these marks to Schedule 2.

Benefits and costs

The benefit of amending the Act to include these new word and design marks is that it ensures that the Government continues to satisfy its commitment to adequately protect the Olympic and Paralympic brand in Canada. Misuse of the marks by non-sponsors in the period surrounding the 2010 Winter Games could confuse the public as to which companies are legitimate sponsors of the Olympic and Paralympic Games. This confusion could lead to a negative reputation for the Olympic brand among Canadians, particularly if they were looking for goods and services from authentic Olympic sponsors. Such tactics would also threaten the commercial viability of future Olympics in Canada by hindering the ability of event organizers to attract sponsorships.

As VANOC has already begun using these marks in the marketplace, the public has been made aware that VANOC is claiming ownership of these marks. Also, the Act stipulates that legitimate prior uses of these marks are generally permissible. We note that the Order has been exempted from pre-publication in the Canada Gazette, Part I. There is no intention to affect in any way the exceptions relating to legitimate prior use at subsections 3(4)(c) and 3(4)(e) of the Act.

There are no costs associated with this measure.

Further mitigating any impact on the public of these amendments is the fact that all marks listed on Schedule 2 will lose the protection of the Act on December 31, 2010. As a result, there is a very short period of time during which the new marks being added to Schedule 2 are prohibited from use under the Act.

Consultation

While there has been no consultation, the Order is anticipated to be non-controversial as VANOC has already been using the new word and design marks on Schedule 2 in the marketplace and as such, Canadians are already aware they are the property of VANOC.

Compliance and enforcement

Neither a compliance nor enforcement mechanism is required as VANOC is responsible for overseeing compliance and for enforcing the rights granted to it with respect to the marks protected under Schedule 2 of the Act.

Contact

Colette Downie
Director General
Marketplace Framework Policy Branch
Industry Canada
235 Queen Street, 10th Floor, East Tower
Ottawa, Ontario
K1A 0H5
Telephone: 613-952-0211
Fax: 613-948-6393
Email: colette.downie@ic.gc.ca

Footnote a
S.C. 2007, c. 25

Footnote 1
S.C. 2007, c. 25