Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (3), nothing in this Chapter affects any rights conferred by law on a person in respect of:
(a) a trade mark registered under the Trade Marks Act 1995 ; or
(b) a design registered under the Designs Act 2003 .
(2) Subject to subsection (3), nothing in this Chapter affects the use of a symbol by a person on or after a relevant date if, immediately before that date, the person would have been entitled to prevent another person from passing off, by means of the use of that symbol or of a similar symbol, goods or services as the goods or services of that first - mentioned person.
(2A) In subsection (2):
"relevant date" means each of the following:
(a) the date of commencement of this Act (23 June 1987);
(b) the date of commencement of the Olympic Insignia Protection Amendment Act 1994 ;
(c) the date of registration of a registered torch and flame design.
(3) In an action or proceeding against:
(a) the AOC; or
(b) the holder of a licence granted by the AOC in respect of:
(i) the copyright in, or the design of, the olympic symbol; or
(ia) the copyright in a prescribed olympic torch and flame; or
(ii) a design registered, or purporting to be registered, under this Act;
for:
(c) the infringement of a trade mark registered under the Trade Marks Act 1995 ;
(d) the infringement of the monopoly of a design registered under the Designs Act 2003 ; or
(e) passing off arising out of the use of a symbol as mentioned in subsection (2);
it is a defence if the defendant satisfies the court:
(f) that, at the time of the infringement or use, the defendant was not aware that the trade mark or design was so registered, or that the plaintiff was entitled to prevent the passing off, as the case may be; and
(g) that the defendant had, before that time, taken all reasonable steps to ascertain whether the trade mark was so registered, a monopoly in the design so existed or the plaintiff had such an entitlement to prevent a passing off, as the case may be.