Intellectual Property Fact Sheet

This Fact Sheet provides some useful background information about the intellectual property associated with the Melbourne 2006 Commonwealth Games. Please note that readers are responsible for making their own assessments of the law and are advised to obtain independent advice before acting on the information contained in this document.

1. What is Melbourne 2006 Commonwealth Games intellectual property?

Melbourne 2006 Commonwealth Games intellectual property consists of ‘indicia’ (words and references) and ‘images’ (logos, designs and other artwork).
Commonwealth Games indicia include the following:

Commonwealth Games
Melbourne 2006 Commonwealth Games
Melbourne 2006 Games
Melbourne Games
Melbourne Commonwealth Games
Melbourne 2006
Other combinations of the words Commonwealth Games or Games and the numbers 2006, 18th or XVIIIth
M2006
M06
Australian Commonwealth Games
Australian Commonwealth Games Team
The Friendly Games
Commonwealth Games Cultural Program
Melbourne 2006 Cultural Program
M06 Cultural Program
Queen’s Baton Relay
Bronze, Silver or Gold
United by the Moment
United by Dreams
Karak

Commonwealth Games images include the following:

Melbourne 2006 Commonwealth Games brandmark.

The mascot Karak.

For full details of Commonwealth Games indicia and images see Commonwealth Games Arrangements Act 2001 (Vic), Commonwealth Games Arrangements Regulations 2005 (Vic) and Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005 (Cth).

2. How is Melbourne 2006 Commonwealth Games intellectual property protected?

Melbourne 2006 Commonwealth Games intellectual property is protected by trade mark law, design law, copyright law, and consumer protection law. Many of the indicia and images of the Commonwealth Games are registered as trade marks, and some images are registered as designs.

In addition, the Victorian and Federal Governments have passed specific legislation to protect Melbourne 2006 Commonwealth Games intellectual property.

Victoria

In Victoria, the Commonwealth Games Arrangements Act 2001 (Vic) and associated Commonwealth Games Arrangements Regulations 2005 (Vic) apply to all Games related indicia and images as defined in this legislation.

Under this legislation, a person must not engage in conduct which would suggest to a reasonable person that goods, services or any person have a sponsorship, approval or affiliation with the Commonwealth Games that they do not have.
In addition, a person must not use Commonwealth Games indicia or images (or anything substantially identical or deceptively similar) if the use:

is for commercial purposes;
is for promotional, advertising or marketing purposes, whether or not for commercial gain; or
would suggest a sponsorship-like arrangement to a reasonable person.

This legislation also prohibits aerial advertising which is visible from a Commonwealth Games venue or event during March 2006. “Advertisement” includes skywriting, laser or digital projection of advertising, banners towed by aircraft, and branded aircraft such as hot air balloons, helicopters or blimps. Any person or company wishing to undertake such aerial advertising must obtain a permit from M2006.

The Melbourne 2006 Commonwealth Games Aerial Advertising Policy sets out the procedure for applying for an aerial advertising permit, and the guidelines the Melbourne 2006 Commonwealth Games will follow when considering aerial advertising applications.

For more information, please view the Melbourne 2006 Commonwealth Games Aerial Advertising Policy.

Australia

Throughout Australia, the Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005 (Cth) protects all Melbourne 2006 Commonwealth Games indicia and images as defined in this Act.

Under this Act, a person must not use Melbourne 2006 Commonwealth Games indicia or images for commercial purposes, as defined in the Act.

This Act also empowers Australian Customs Service to seize at the Australian border any unauthorised goods bearing Commonwealth Games indicia and images (such as counterfeit merchandise) which are imported into Australia.

3. When can Commonwealth Games indicia and images be used without authorisation?

In general, Commonwealth Games indicia and images may be used without authorisation for:

the provision of information including the reporting of news and presentation of current affairs;
the purposes of criticism and review;
the purpose of professional advice;
research or study purposes; or
educational purposes

Notwithstanding the above, any use which is primarily for promotional, advertising or commercial purposes requires authorisation.

4. Why has the government enacted specific Games legislation?

The specific Victorian and Federal legislation which has been introduced to protect Commonwealth Games intellectual property enables the Melbourne 2006 Commonwealth Games Corporation to maximise the commercial revenue raised through sponsorship and licensing arrangements. This revenue helps offset the cost of hosting the Melbourne 2006 Commonwealth Games.

The legislation that has been introduced for the Melbourne 2006 Commonwealth Games provides similar protection and restrictions as the legislation enacted for the Sydney 2000 Olympic Games.

5. How can I seek authorisation?

If you wish to seek authorisation to use Commonwealth Games indicia and images, please contact:

Brand Approvals Co-ordinator
Marketing and Communications Department
Melbourne 2006 Commonwealth Games
Locked Bag 2006
South Melbourne VIC 3205
Email Brand Approvals.

A Register of Authorised Users is maintained by the Melbourne 2006 Commonwealth Games Corporation.

6. What is the consequence of unauthorised use of Commonwealth Games indicia or images?

Unauthorised use of Commonwealth Games indicia or images may constitute an offence for which you may be prosecuted and/or fined.

The Court may issue an injunction to restrain the unauthorised activity. Unauthorised goods bearing Commonwealth Games indicia or images may be seized and confiscated.

Penalties of $10,000 in the case of a natural person and $60,000 in the case of a body corporate may apply.

7. Examples

I am a travel agent and I would like to advertise packages and discount airfares to Melbourne for the Commonwealth Games.

You cannot use the term 'Commonwealth Games' or any other Commonwealth Games indicia or images for commercial purposes without permission from the Melbourne 2006 Commonwealth Games Corporation.

I am a teacher who would like to do a class project on the Commonwealth Games.

Commonwealth Games indicia and images can be used for educational purposes. However, like other organisations, schools would need to seek authorisation from the Melbourne 2006 Commonwealth Games Corporation to use Commonwealth Games indicia or images for fundraising or commercial purposes.

My business, Melbourne Games Amusement Parlour, has been running for a number of years yet 'Melbourne Games' is covered by the Victorian and Commonwealth legislation relating to the Games. What does this mean for my business?

The Commonwealth Games Arrangements Act 2001 (Vic) and Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005 (Cth) do not affect the use of pre-existing business names that contain Commonwealth Games indicia. However, while the Victorian Act remains in force it is not permitted to register a new business name containing Commonwealth Games indicia.

I work for a local council and we are looking at developing Commonwealth Games initiatives within our community.

The Victorian Government is encouraging local councils and communities to develop programs and initiatives to help celebrate the Commonwealth Games.

Local councils are not allowed to engage in any commercial, sponsorship or fundraising activities relating to community celebrations for the Games or any other event related to the Games as this could constitute a breach of the legislation.

Local councils should contact the Office of Commonwealth Games Coordination regarding use of Games intellectual property.

8. Who can I contact for further information?

Melbourne 2006 Commonwealth Games Corporation
Kate Bradshaw
Legal Counsel, Brand Protection Manager
Melbourne 2006 Commonwealth Games Corporation
Locked Bag 2006
South Melbourne VIC 3205
Email Kate Bradshaw.

Office of Commonwealth Games Coordination
Don Frayne
Manager, Executive and Legal Services
Office of Commonwealth Games Co-ordination
GPO Box 2392V
Melbourne, VIC 3000
Email Don Frayne.

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