Exceptions to the Obligation. (1) The obligation provided for in Article 1 shall not bind any State party to this Treaty in respect of: (i) any mark consisting of or containing the Olympic symbol where that xxxx was registered in that State prior to the date on which this Treaty enters into force in respect of that State or during any period during which, in that State, the obligation provided for in Article 1 is considered as suspended under Article 3; (ii) the continued use for commercial purposes of any mark or other sign, consisting of or containing the Olympic symbol, in that State by any person or enterprise who or which has lawfully started such use in the said State prior to the date on which this Treaty enters into force in respect of that State or during any period during which, in that State, the obligation provided for in Article 1 is considered as suspended under Article 3. (2) The provisions of paragraph (1)(i) shall apply also in respect of marks whose registration has effect in the State by virtue of a registration under a treaty which the said State is a party to. * This Table of Contents is added for the convenience of the reader. It does not appear in the signed text of the Treaty. (3) Use with the authorization of the person or enterprise referred to in paragraph (1)(ii) shall be considered, for the purposes of the said paragraph, as use by the said person or enterprise. (4) No State party to this Treaty shall be obliged to prohibit the use of the Olympic symbol where that symbol is used in the mass media for the purposes of information on the Olympic movement or its activities.
Appears in 3 contracts
Samples: Nairobi Treaty on the Protection of the Olympic Symbol, Nairobi Treaty on the Protection of the Olympic Symbol, Nairobi Treaty on the Protection of the Olympic Symbol
Exceptions to the Obligation. (1) The obligation provided for in Article 1 shall not bind any State party to this Treaty in respect of:
(i) any mark consisting of or containing the Olympic symbol where that xxxx was registered in that State prior to the date on which this Treaty enters into force in respect of that State or during any period during which, in that State, the obligation provided for in Article 1 is considered as suspended under Article 3;
(ii) the continued use for commercial purposes of any mark or other sign, consisting of or containing the Olympic symbol, in that State by any person or enterprise who or which has lawfully started such use in the said State prior to the date on which this Treaty enters into force in respect of that State or during any period during which, in that State, the obligation provided for in Article 1 is considered as suspended under Article 3.
(2) The provisions of paragraph (1)(i) shall apply also in respect of marks whose registration has effect in the State by virtue of a registration under a treaty which the said State is a party to. * This Table of Contents is added for the convenience of the reader. It does not appear in the signed text of the Treaty.
(3) Use with the authorization of the person or enterprise referred to in paragraph (1)(ii) shall be considered, for the purposes of the said paragraph, as use by the said person or enterprise.
(4) No State party to this Treaty shall be obliged to prohibit the use of the Olympic symbol where that symbol is used in the mass media for the purposes of information on the Olympic movement or its activities.
Appears in 2 contracts
Samples: Nairobi Treaty on the Protection of the Olympic Symbol, Nairobi Treaty on the Protection of the Olympic Symbol
