The Protection of Major Sports Events through Trademarks and other IPR
Analysis of the Current Legislation and Case Law
The Groups are invited to answer the following questions under the national laws:
1. Does your national law provide specific protection for trademarks or other designations relating to Major Sports Events?
Australia is a federation. Trade marks are protected under federal legislation, The Trade Marks Act 1990 (C'th), and under the consumer protection provisions of the Trade Practices Act 1974 (C'th) and state legislation complementary to the Trade Practices Act. They are also protected at common law. Trade marks incorporating artistic works, such as logos, are also protected under the Copyright Act 1968 (C'th), and designs, e.g. the design of a souvenir item such as a cup, may be protected under the Designs Act 2003 (C'th). Australian national intellectual property laws, do not, per se, provide additional protection for trade marks or other designations relating to major sports events. However, there is specific "event" related legislation which provides a major sports event with additional protection complementary to existing trade mark and other IP rights.