Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 5 March 2012, is made under the Major Events Management Act 2007 (the Act). It relates to the Volvo Ocean Race Auckland Stopover scheduled to be held at Auckland between 8 March 2012 and 18 March 2012.
The order—
declares the event to be a major event:
identifies the major event organiser for the event:
declares the protection period for the event:
declares emblems and combinations of words to be, for that period, major event emblems and major event words.
The Act contains, in subpart 2 of Part 2, protections against ambush marketing by association. Those protections restrict, during the protection period of a major event, a person's ability to make a representation (such as in an advertisement) suggesting that there is an association between the major event and goods or services, a brand of goods or services, or a person who provides goods or services. There is a presumption that a representation that includes a major event emblem or major event words suggests such an association.
Under section 37 of the Act, goods to which major event emblems and major event words have been applied otherwise than by or with the authorisation of the major event organiser may be subjected to border protection measures under subpart 3 of Part 4 of the Trade Marks Act 2002. Those measures may include detention of the goods while in the control of the Customs and until forfeiture by consent or the outcome of infringement proceedings.