Amendment of the Olympic Insignia Protection Act to include additional damages for unjustified threats

Issue summary

The Olympic Insignia Protection Act 1987 (OIP Act) provides protection against unjustified threats of legal proceedings. These provisions allow a person to lodge an application to the courts if they receive a threat of legal proceedings should they feel that threat is unjustified. Should the application be successful, the courts may have the threat declared unjustified, grant an injunction restraining any further threats and award damages for loss that the applicant may have suffered as a result of making the threat.

There are similar protections against unjustified threats in the Patents, Trade Marks, Designs, and Plant Breeder's Rights Acts. However, unlike those Acts, the OIP Act does not allow the awarding of additional damages, on top of any loss the applicant may have suffered.

History

• On hold 8 August 2019

Comments

Issue to be considered in future. Other matters of higher priority will be considered first.