The House is on summer break, scheduled to return Sept. 15

Olympic and Paralympic Marks Act

An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Maxime Bernier  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment provides for the protection of Olympic and Paralympic marks and protection against certain misleading business associations between a business and the Olympic Games, the Paralympic Games or certain committees associated with those Games.
This enactment also makes a related amendment to the Trade-marks Act to preclude the registration of a trade-mark whose adoption is prohibited by this enactment.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-47s:

C-47 (2023) Law Budget Implementation Act, 2023, No. 1
C-47 (2017) Law An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)
C-47 (2014) Law Miscellaneous Statute Law Amendment Act, 2014
C-47 (2012) Law Northern Jobs and Growth Act

Olympic and Paralympic Marks ActGovernment Orders

May 16th, 2007 / 5:20 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, I am a proud British Columbian and proud to be part of the 2010 Olympics as the hon. member was a proud Quebecker in 1976 when Montreal hosted the Olympics that year.

When it comes to the government working on anything, the Conservatives delay each and every thing. They inspect bills, whether they are their own justice bills, whether it is the counterfeiting legislation, child care, or access to information. I was on that committee when the Conservative member filibustered for four consecutive meetings.

The government must learn to act on things faster and in a more efficient manner, so it can serve Canadians and Quebeckers.

Olympic and Paralympic Marks ActGovernment Orders

May 16th, 2007 / 5:20 p.m.

Liberal

Mario Silva Liberal Davenport, ON

Mr. Speaker, I want to take this opportunity to congratulate my hon. colleague for his excellent speech and the work he has done on this file. Obviously, it shows a great interest and enthusiasm on his part for the Olympics coming in 2010 to Vancouver.

Vancouver has a very soft spot in my heart because I went to grade school there for a number of years before moving to Toronto. Certainly, we are very pleased with Vancouver's bid. We are looking forward to the Olympics. When I was on city council in Toronto, I worked on the 2008 Olympics bid. Unfortunately, we did not win, it went to China, but we are very proud and very pleased that Vancouver was chosen to host the world and bring the world together. We are very delighted and look forward to that very day.

Branding is a very important issue and I understand the issue that my hon. colleague raised in his remarks in relation to Bill C-47. However, there are those who have issued concerns that this might be some form of censorship. I would like my hon. colleague to comment on that and elaborate further why this legislation is needed.

Olympic and Paralympic Marks ActGovernment Orders

May 16th, 2007 / 5:25 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, the member for Davenport shows commitment. I went the other way around. I was in Alberta to begin with and moved to British Columbia. I would love to have him back there. He would be welcome.

I also congratulate him as a city councillor for his efforts and the work that he has done on the 2008 Olympics bid. This is the type of work that has to be done for causes like this from day one. I can say that the right hon. Jean Chrétien and members of the Liberal Party were there from day one and are there today.

The member asked me about protection and its effect. As I said earlier, brand protection is revenue protection and $700 million, which is almost 100% of the money that is going to be spent on the Olympics, is coming from private corporate big sponsors and we cannot turn our backs on them.

If we do not raise that kind of money, it is going to be a burden on Canadians. Someone has to pay. The British Columbia government has made a commitment to the Olympics committee that it will contribute to any shortfall. When I stand here as a responsible member of Parliament for British Columbians, I have to take that into consideration. That is why I am a big supporter of brand protection, which is revenue protection.

At the same time, because it has a grandfathering clause, it is not going to affect small businesses that use the word “Olympics” or “olympia pizza”, for example, in the riding of Vancouver East. Those people will be protected in the grandfathering clause, but at the same time the Internet and the media, which was a question asked earlier, will not be part of this protection. They will be free to express their opinions. They are free to use the logo and the name in whichever sense they want. I hope I answered that question.

Olympic and Paralympic Marks ActGovernment Orders

May 16th, 2007 / 5:25 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, when the era of the modern Olympics began with Baron Pierre de Coubertin in 1896 and he coined the term “citius, altius, fortius”, he could not have imagined how far the Olympics have come today. What a grand spectacle it is and what an advantage it is to communities that host them.

I want to thank my colleague from Newton—North Delta for all of his hard work and all of our colleagues in Vancouver who have worked hard to make this happen with our provincial counterparts and the private sector.

I want to ask my colleague this. Does he not think that a small part of the moneys generated from the Olympics could be used to reinvest in athletic facilities in British Columbia and other parts of Canada, and particularly to work with children to make sure they have the facilities that will enable them to participate in sports?

Olympic and Paralympic Marks ActGovernment Orders

May 16th, 2007 / 5:25 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, I would like to congratulate my hon. colleague from Esquimalt—Juan de Fuca for all his work because he was there even before I was on this Olympics file. He has done good work.

When it comes to children, I see where the member is coming from. He has a commitment to youth and our future generations. The money that we are raising and the infrastructure that we are putting together will be used by other generations to come.

Olympic and Paralympic Marks ActGovernment Orders

May 16th, 2007 / 5:30 p.m.

The Acting Speaker Royal Galipeau

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

Olympic and Paralympic Marks ActGovernment Orders

May 17th, 2007 / 10:10 a.m.

Bloc

Paule Brunelle Bloc Trois-Rivières, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-47, Olympic and Paralympic Marks Act.

Today I would like to talk about the importance of sport and the importance of supporting it. I will of course address the importance of the Olympic Games and, above all, the importance of protecting Olympic marks from ambush marketing and trademark theft.

According to the Olympic Charter, established by Pierre de Coubertin, the goal of the Olympic movement is to contribute to building a peaceful and better world by educating youth through sport practised without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play. What an excellent example and lesson for our youth.

The Bloc Québécois supports Bill C-47 because we believe in the Olympic ideal. We do not think it is outdated. On the contrary, we believe it is important to promote the movement. Furthermore, as we have seen in this House, the Standing Committee on Health has tabled bills concerning obesity rates among our youth. Sport is a good way to tackle that problem.

Problems of hyperactivity among young people, the majority of them boys, can be resolved by involvement in sports. It is therefore important for our society to support sports, and the Olympic Games provide an excellent opportunity to focus on sports and increase activity.

We had an example of this after the Montreal Olympics of 1976, as generations of young people acquired a taste for sports in general, Olympic sports in particular. It is a matter of health and of well-being.

We became aware, however, at the same time, that funding was both difficult and fraught with peril, and this is why Bill C-47, is so important. This bill makes possible the funding of the Olympic Organizing Committee, which is essential. We need to keep in mind that we are talking of $700 million in connection with Vancouver and with marks. Forty percent of the Olympic Games budget is linked to sponsors, whose ability to use Olympic marks is what will be able to fund those games.

This bill deals with the protection of Olympic and Paralympic marks, and with protection against certain misleading business associations between a business and the Olympic Games, the Paralympic Games or certain committees associated with those Games.

It is therefore important for us to provide real support, but for a limited time. This bill is about special protection, but for a limited time, of intellectual property rights, words and symbols relating to the 2010 Vancouver Winter Olympics.

The Bloc Québécois is in favour of Bill C-47. We note, however, that the Conservative government may be moving quickly to protect Olympic marks, but it is taking far more time to protect intellectual property adequately. At the present time, in fact, the Standing Committee on Industry, Sciences and Technology is looking at the issue of counterfeiting and intellectual property, a major problem for our economy.

Even the Standing Committee on Justice and Human Rights is hard at work to find ways of dealing with film pirating. This committee has, moreover, adopted a motion, thanks to the efforts of the hon. member for Hochelaga, the Bloc Québécois justice critic, which is about proceeding with an examination of this matter.

Canada has, unfortunately, already been faulted for its inaction on film pirating by just about every country on the planet, and rightly so. No fewer than 20% of films pirated by videotaping in a movie theatre originated in Canada.

So what about intellectual property? Generally, the notion of intellectual property covers rights related to intellectual activity in the industrial, scientific, literary, or artistic fields. Intellectual property rights include patents, trademarks, copyright, industrial drawings, integrated circuit arrangements, plant breeders' rights and so on.

All of these are considered intellectual property. We know that if intellectual property is not protected, not only will creativity and inventiveness be suppressed, but the cost to our economy will be enormous. This is becoming a disaster of epic proportions.

The Olympic mark, which we are discussing today, includes all names, phrases, marks, logos and concepts related to the Olympic movement. If we do not protect Olympic marks, why would major sponsors want to invest in these Olympic Games? It is critical that any unauthorized use of the Olympic mark be prevented because it could undermine the entire sponsorship system, the way the Olympic Games organizing committee awards licences and the committee's ability to raise the money needed for these games. Products, sponsorship and licences are truly essential to the success of the Olympic Games, and that is why we really support this bill.

This bill criticizes ambush marketing. What is ambush marketing? Users, individuals, retailers and people selling all kinds of products could claim to own Olympic marks and use them to sell their goods. They would use the marks to appeal to the public so they can sell their fake Olympic logo products.

This bill is really aimed at protecting these Olympic marks. Not protecting them will reduce the value of sponsorship rights. Why would major sponsors pay top dollar for sponsorship rights if they are worthless because the marks are used by everyone? For viable Olympic Games, the trade-marks must be well protected. Every time the Olympics are held, a new bill must be introduced, because the Olympic marks are extremely valuable.

Canadian and foreign organizations have always invested a great deal of money because we have been able to guarantee the Olympic marks. Unauthorized use of Olympic marks must be illegal and carry severe penalties. With this bill, we are not trying to prevent companies from doing business, but it is important to protect the rights of major sponsors who are supporting sport and the building of facilities that will stay in Vancouver and promote sport, which is what happened in Montreal.

For example, under this bill, it would be illegal to use the Olympic rings, the Olympic torch, the logo of the 2010 Olympic Games or the mark Vancouver 2010 on a website or sign, in a written document or on an item, or to use the Olympic mark in a corporate or company name or a trade-mark. The Olympic Organizing Committee is responsible for protecting the Olympic mark, but it is prepared to take legal action if necessary to protect that mark. This could include orders to seize unauthorized wares and recover damages.

What sorts of activities are considered ambush marketing? They include the unauthorized use of the Olympic mark or similar marks or names in connection with a business, organization, event or commercial Internet site; an Olympic contest, including offering a trip or tickets to the Olympics as a prize in a program or promotion; “good luck” advertisements or advertising or prizes to congratulate the Olympic athletes; and references to the Olympic movement, the Olympic Games or the athletes in advertising or marketing.

There are also the merchandise, posters and stickers distributed in connection with the Olympic Games, publications in connection with the Olympic Games, including programs, guides, magazines, maps and supplements, books, personal journals and calendars, and visitor services in connection with the Olympic Games.

One question often asked by promoters is whether Olympic Games tickets can be given as prizes in a contest or promotion. There are specific conditions attached to Olympic Games tickets that expressly prohibit using them for commercial, advertising and promotional purposes, including as prizes in contests. A person who obtains Olympic Games tickets in a manner that violates the applicable conditions can be refused access to the games site or be asked to leave the premises.

So the Conservatives’ haste to defend the Olympic trademarks stands in some contrast to their lack of haste in defending athlete development in Canada and Quebec. On that point, it seems to me that introducing this bill should be an occasion for the Conservative government to give more thought to how it supports sport. We cannot support sport in Canada and Quebec only when the Olympic Games are being organized. We should be doing that all the time, and it should be a requirement, for public health. In our opinion, it is important that more Canadians, in all segments of society, take part in sports activities of every variety.

After the 1976 Olympic Games, the Government of Quebec did a lot for sport. In my riding, there was a very important initiative: the creation of the Les Estacades Sports Complex, in which $8.5 million was invested. And what is this sports complex? It is a strategic centre for sports development, not only for young people who are involved in a program combining sport with academic work, but for all adults and young people in the riding, who can all use the sports complex, which has also received substantial funding from the Mouvement Desjardins. This will make it possible to build an indoor soccer field and an Olympic-sized arena, to open around about December. There will be a range of facilities that everyone in the riding will be able to use.

We are increasingly realizing that soccer is an expanding sport, and one that calls for little expenditure. As a mother, I have seen my sons play a lot of soccer. The youngest still plays. This is a very democratic sport, in the sense that it does not involve astronomical costs for parents. Every family can let their children get involved in this sport, which genuinely contributes to improving our young people’s health.

In conclusion, I will say that we support this bill, to ensure, obviously, that there is adequate funding for Olympic sports and to support amateur sport.

Olympic and Paralympic Marks ActGovernment Orders

May 17th, 2007 / 10:25 a.m.

The Deputy Speaker Bill Blaikie

Is the House ready for the question?

Olympic and Paralympic Marks ActGovernment Orders

May 17th, 2007 / 10:25 a.m.

Some hon. members

Question.

Olympic and Paralympic Marks ActGovernment Orders

May 17th, 2007 / 10:25 a.m.

The Deputy Speaker Bill Blaikie

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Olympic and Paralympic Marks ActGovernment Orders

May 17th, 2007 / 10:25 a.m.

Some hon. members

Agreed.

Olympic and Paralympic Marks ActGovernment Orders

May 17th, 2007 / 10:25 a.m.

The Deputy Speaker Bill Blaikie

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Industry, Science and Technology.

(Motion agreed to, bill read the second time and referred to a committee)