The ICC Cricket World Cup West Indies 2007 Act, 2006 · No. 28 ICC Cricket World Cup West Indies 2007 2006 567 “cricket match” means a match including a warm-up match, that forms

ICC CRICKET WORLD CUP WEST INDIES 2007ACT, 2006

Arrangement of Sections

SectionPART I

PRELIMINARY

1. Short title

2. Interpretation

PART II

CWC 2007 SPECIAL ARRANGEMENTS

3. Declaration of CWC 2007 venue and match period

4. CWC 2007 Inc. to have unrestricted control of CWC 2007stadia

5. Traffic control and deliveries within CWC 2007 venues

6. Sale and distribution of CWC 2007 tickets

7. Issuance of visas

8. Work permit

9. Import and export duties

10. Exemption from taxes and duties

PART IIICONDUCT IN CWC 2007 VENUE

11. Entry into and exit from a stadium in a CWC 2007 venue

12. Unauthorized entry

13. Reserved areas and reserved seats

14. Members entitlements during a match period

15. Conduct within CWC 2007 venue

16. Prohibited or restricted items in CWC 2007 venue

17. Surrender of prohibited items

18. Sale of goods or services

19. Authority to photograph certain persons

20. Requirement to state name and address

ii

PART IVCONTROL OF ADVERTISING

21. Prohibition of certain advertisements on buildings andstructures

22. Use of airspace23. Prohibition of certain advertisements24. Commercial broadcasting, telecasting, recording or filming25. Prohibition of ambush marketing26. Promotional use of CWC 2007 tickets

PART VPROTECTION OF MARKS, INDICIA AND IMAGES

27. Prohibition of unauthorized use of CWC 2007 mark28. Infringement of mark of IDI, WICB, ICC, CWC 2007 Inc.29. CWC 2007 indicia and images30. Application of CWC 2007 indicia and images31. Licence to use CWC 2007 indicia or CWC 2007 images for

commercial purposes32. Prohibition of unlicensed use of CWC 2007 indicia or CWC

2007 images33. Provision of information34. Power of customs officers in relation to certain imports35. Notice of detention36. Release of goods—no application for injunction37. Power of Comptroller to retain control of goods38. Preservation of existing rights

PART VIREMEDIES

39. Injunctions40. Corrective advertisements41. Damages42. Account of profits43. Limitation44. Destruction or delivery of goods45. Other remedies46. Orders and Regulations47. Act to bind the State48. Expiry of Act

SCHEDULES

AN ACT to make provision for the efficient and effectivestaging of ICC Cricket World Cup West Indies2007and for related purposes

[Assented to 1st November, 2006]

Fifth Session Eighth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 28 of 2006

[L.S.]

Legal Supplement Part A to the Trinidad and Tobago Gazette’’, Vol. 45,No. 176, 2nd November, 2006

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

PART I

PRELIMINARY

1. This Act may be cited as the ICC Cricket World CupWest Indies 2007 Act, 2006.

2. In this Act—

“accredited person” means a person accreditedin writing by CWC 2007 Inc. to accessspecified areas within a CWC 2007 venue;

“advertisement” means any written, illustrated,visual or other descriptive material or oralstatement, communication, representationor reference distributed to members of thepublic or brought to their notice in anymanner with the intention to—

(a) promote the sale or leasing ofgoods;

(b) encourage the use of any service; or

(c) draw attention to the nature,properties, advantages or uses ofgoods or any service or to themanner in, conditions on or pricesat which—

(i) goods may be purchased,leased or o therwiseacquired; or

(ii) any service is rendered orprovided;

“aircraft” includes—

(a) any machine that is capable ofderiving support in the atmospherefrom reactions of the air, other than

564 No. 28 ICC Cricket World Cup West Indies 2007 2006

Short title

Interpretation

Enactment

a machine designed to derivesupport in the atmosphere fromreactions against the earth’ssurface of air expelled from themachine; and

(b) a rocket or such machine to travelinto outer space and refers tocivilian aircraft, but does notinclude aircraft used for military orpolice services;

“authorized person” means a person authorizedin writing by CWC 2007 Inc. to representit;

“Commissioner” means the Commissioner ofPolice;

“Committee” means the Local OrganisingCommittee or the CWC World Cup (2007)Trinidad and Tobago Limited, a Companyincorporated under the Companies Act;

“Comptroller” means the Comptroller ofCustoms;

“customs officer” means an officer withinthe meaning of the Customs Act;

“CWC 2007” means the ICC Cricket World CupWest Indies 2007 and includes a CWC2007 activity;

“CWC 2007 activity” means a match, a CWC2007 related function or other activityauthorized by CWC 2007 Inc.;

“CWC 2007 Inc.” means the ICC Cricket WorldCup West Indies 2007 Inc. a companyincorporated in the British Virgin Islands,or its authorized representatives;

No. 28 ICC Cricket World Cup West Indies 2007 2006 565

Act No. 35 of 1995

Chap. 78:01

“CWC 2007 logo” means any official logo ofCWC 2007;

“CWC 2007 mark” means the CWC 2007 logo,CWC 2007 title, CWC 2007 mascot, andthe image or likeness of the CWC 2007trophy, the ICC mark, any markbelonging to WICB and any other marks,whether in the form of words, logos,devices, indicia, or anything else,developed for or used by or with theconsent of IDI in connection with the CWC2007, and includes all registrations orapplications to register the same inTrinidad and Tobago but excludes any suchmarks to the extent that they are owned byan official sponsor, official supplier,official broadcaster or other media orcommercial representative appointed byGCC or CWC 2007 Inc. and approved byIDI;

“CWC 2007 mascot” means the official mascotof CWC 2007;

“CWC 2007 official” means—(a) an employee of CWC 2007 Inc.; or(b) a person authorized by CWC 2007

Inc. to carry out functions on itsbehalf;

“CWC 2007 ticket” means a ticket issued byCWC 2007 Inc. permitting entry to a CWC2007 activity and includes a CWC 2007Inc. accreditation;

“CWC 2007 title” means ICC Cricket WorldCup West Indies 2007 or such other nameas may be determined by IDI;

“CWC 2007 venue” means a place declared assuch under section 3 for the purposes ofCWC 2007;


“dangerous weapon” means any—

(a) explosive;

(b) incendiary device;

(c) firearm;

(d) gas;

(e) weapon;

(f) glass of any description;

(g) instrument;

(h) object that can be used as a missle;

(i) article or material that may beprescribed by Order; and

which can be used to—

(i) maim, disfigure, disableor cause bodily harm ordeath to a person;

(ii) render a persontemporarily paralyzed orunconscious; or

(iii) cause damage toproperty.

“document” means recorded informationregardless of form or medium;

“GCC” means Global Cricket Corporation PteLimited, a company incorporated inSingapore;

“ICC” means the International Cricket Council,a company limited by guarantee andincorporated in the British Virgin Islands;

“IDI” means ICC Development (International)Limited, a company incorporated underthe laws of the British Virgin Islands;

“licensed user” means a person in relation towhom a licence under section 31 is in force;


“cricket match” means a match including awarm-up match, that forms part of CWC2007 and includes a performance orformalities held or conducted in conjunc-tion with a match;

“match period” means a period declared as suchby the Minister under section 3 for thepurposes of CWC 2007;

“Minister” means the Minister responsible forsport;

“official broadcaster” means a broadcasterappointed by GCC and approved by IDI inrelation to CWC 2007;

“official sponsor” means a sponsor appointed byGCC and approved by IDI in relation toCWC 2007;

“official supplier” means a supplier of productsor services appointed as the officialsupplier of such products or services forCWC 2007 by CWC 2007 Inc. or GCC;

“participating team” means an ICC membercountry team competing in CWC 2007;

“permitted entrant” means—(a) the holder of a CWC 2007 ticket

that entitles the holder to bewithin specific areas of a CWC2007 venue;

(b) any other person who is, under ageneral or specific authorization oraccreditation granted by or onbehalf of CWC 2007 Inc., entitled tobe in the CWC 2007 venue;

“person” means a natural person, a bodycorporate or an unincorporated body;


“playing field” means the playing field at whicha match is being played or is to be playedand includes any area between the playingfield and any structure intended to bea barrier between the players and thespectators;

“police officer” means a member of the PoliceService;

“promote” in relation to an activity, includes toorganize, conduct or give publicity to thatactivity;

“reserved area” means an area within a CWC2007 venue to which access is—

(a) limited to persons holding certaintypes of CWC 2007 tickets; or

(b) otherwise restricted;

“service mark” means a visible sign used or tobe used in connection with or in relationto any services for the purpose ofdistinguishing, in the course of trade orbusiness, the services provided by oneperson from those provided by anotherperson;

“sign” includes a word, personal name, design,letter, numeral, a colour, a combinationof colours, the shape of goods or theirpackaging;

“squad” means the members of a participatingteam comprising such number of playersand officials as determined by IDI;

“stadium” means the whole premises of anystadium, ground or place at which anymatch, the opening ceremony or theclosing ceremony of CWC 2007 isscheduled to take place;


“tax” includes any fee, levy or surcharge;

“trade mark” means a visible sign used or to beused upon, with or in relation to any goodsfor the purpose of distinguishing, in thecourse of trade or business, the goods ofone person from those of another person;

“vehicle” means a conveyance that is designedto be propelled or drawn by any means,whether or not capable of being sopropelled or drawn;

“WICB” means the West Indies Cricket BoardInc., a company incorporated in the BritishVirgin Islands.

PART II

CWC 2007 SPECIAL ARRANGEMENTS

3. (1) The Minister, after consultation with theCommittee shall by notice published in the Gazette andin at least one newspaper in daily circulation inTrinidad and Tobago—

(a) declare any area within the control of theCommittee or CWC 2007 Inc. or both, thatis reasonably required for the staging of aCWC 2007 activity, as a CWC 2007 venue;

(b) stipulate within the notice referred to insubsection (1) the date—

(i) with effect from which the areawill be regarded as a CWC 2007venue; and

(ii) on which the area ceases to beregarded as a CWC 2007 venue,which date may not be later thanthe date of the expiration of thisAct; and

(c) declare a period as a match period.


Declaration of CWC2007 venue andmatch period

(2) A notice published under subsection (1) shallstate the reason for the declaration, and shall be subjectto such conditions as the Minister may impose.

(3) For the purposes of subsection (1)(a), areasreasonably required for the staging of a CWC activity—

(a) may include areas that are to be used for apurpose ancillary to the holding of a CWC2007 activity;

(b) may be comprised of two or more non-contiguous areas; and

(c) shall not include—(i) an airport or a seaport;

(ii) any area which is protected orreserved under any otherenactment; or

(iii) any private property, except withthe consent of the owner.

4. (1) CWC 2007 Inc. shall, for the duration of amatch period have full and unrestricted control of avenue so declared pursuant to section 3(1).

(2) The power given to CWC 2007 Inc. undersubsection (1) shall be subject to the rights of anyauthority responsible for public health, disastermanagement or national security.

5. (1) The Commissioner may in relation to anymatch period issue directions to—

(a) regulate or prohibit the making ofdeliveries within any CWC 2007 venue;

(b) regulate or prohibit the loading orunloading of vehicles within any CWC 2007venue; and


CWC 2007 Inc. tohave unrestrictedcontrol of CWC 2007stadia

Traffic control anddeliveries withinCWC 2007 venues

(c) impose restrictions relating to the standing,stopping, or parking of vehicles within aCWC 2007 venue.

(2) A direction by the Commissioner undersubsection (1) may apply—

(a) to an entire CWC 2007 venue, or part of avenue;

(b) to vehicles of a specific class or description;

(c) on such days only as are specified in thedirection;

(d) during such periods on those days as arespecified in the direction; and

(e) subject to such conditions as are specified inthe direction.

(3) A person who contravenes a direction underthis section commits an offence and is liable onsummary conviction to a fine of thirty thousand dollars.

(4) Nothing in this section limits the power of theCommissioner to restrict access to or use of any roadpursuant to any other law.

6. (1) CWC 2007 Inc. shall be responsible for theproduction and distribution of CWC 2007 tickets.

(2) No person shall, without the written authoriza-tion of CWC 2007 Inc. sell any CWC 2007 ticket oran article that is represented to be such a ticket foradmission to a CWC 2007 activity.

(3) For the purposes of subsection (2) “sell”includes—

(a) sell by wholesale, retail, auction or tender;

(b) hire;

(c) barter or exchange;


Sale and distributionof CWC 2007 tickets

(d) supply for profit;(e) offer for sale or hire, receive for sale or hire,

have in possession for sale or hire, or exposeor exhibit for sale or hire;

(f) conduct negotiations for sale or hire;

(g) consign or deliver for sale or hire;

(h) solicit for sale or hire;

(i) donate, transfer or in any way dispose of aticket for gain or profit; and

(j) cause or permit anything referred to inparagraphs (a) to (i).

(4) A person who contravenes subsection (2) com-mits an offence and is liable on summary conviction to afine of sixty thousand dollars.

7. Without limiting the generality of section 46 of thisAct, the Minister responsible for immigration may,pursuant to section 44 of the Immigration Act makeregulations with respect to—

(a) any special visa or class of visas required inrespect of the persons listed in the FirstSchedule for entry into and departure fromTrinidad and Tobago; and

(b) any approval or document required for suchpurpose.

8. (1) Any permit to work in Trinidad and Tobagoin relation to CWC 2007, and any approval ordocumentation required for such purpose by any—

(a) member of a squad;

(b) CWC 2007 official;

(c) official, staff or adviser of CWC 2007 Inc.,WICB, ICC, IDI or GCC;

(d) umpire or match referee;

(e) official broadcaster;


Issuance of visasChap. 18:01

First Schedule

Work Permit

(f) media workers accredited as such by CWC2007 Inc.,

shall be provided by the Minister with responsibility forimmigration within 7 days of being requested and shallremain valid and effective until the conclusion of CWC2007.

(2) The work permits referred to in subsection (1)shall be provided within the period so stated where theapplicant complies with the requirements stipulated bythe Chief Immigration Officer.

9. (1) Notwithstanding any provision of any law tothe contrary—

(a) promotional, signage, branding, media,television, press, satellite, and otherequipment, signage and branding materialto be utilized in relation to CWC 2007 by anofficial sponsor, supplier, broadcaster or themedia;

(b) cricket or related equipment for use by asquad in relation to CWC 2007;

(c) food or ancillary nutritional supplies for useby a squad in relation to CWC 2007; or

(d) complimentary products, whether consum-able, durable or otherwise, of an officialsponsor supplied solely for use immediatelybefore, during or after CWC 2007, by—

(i) members of a squad;

(ii) CWC 2007 officials; or

(iii) the staff of CWC 2007 Inc., ICC,IDI, GCC,

shall be exempt from import duty, or other impostin accordance with the Customs Act or any otherenactment relating to the imposition of duties.


Import and exportduties

Chap. 78:01

(2) For the purposes of subsection (1), “duty”includes any tax chargeable on the importation of goodsinto Trinidad and Tobago.

10. (1) Income arising from CWC 2007 and earnedby—

(a) CWC 2007 Inc., ICC and its members, IDI,GCC and WICB and its members and theirrespective advisers not ordinarily residentin Trinidad and Tobago;

(b) a member of a squad;

(c) a CWC 2007 official; or

(d) staff of ICC, IDI or GCC,

shall be exempt from taxes and duties of everydescription.

(2) For the purposes of subsection (1) “income”includes basic salary, appearance fees, endorsementfees, prize money, and man-of-the-match and man-of-the-series awards.

(3) CWC 2007 tickets shall be exempt from taxesand duties of every description.

PART III

CONDUCT IN CWC 2007 VENUE

11. (1) No person shall enter a stadium during amatch period unless he is a permitted entrant.

(2) No person shall enter or leave a stadiumduring a match period except through an entrance orexit designated by CWC 2007 Inc. or as otherwisepermitted by CWC 2007 Inc.

(3) A person who contravenes any provision of thissection commits an offence and is liable on summaryconviction to a fine of thirty thousand dollars.


Entry into and exitfrom a stadium in aCWC 2007 venue

Exemption fromtaxes and duties

12. (1) Unless authorized by CWC 2007 Inc., noperson shall, during a match period, enter or be presentin or on—

(a) any part of a playing field;

(b) any other part of a stadium if it is indicatedthat entry into that part is not permitted; or

(c) any part of any other CWC 2007 venue if itis indicated that entry into that part is notpermitted.

(2) For the purposes of subsection (1)(b) and (c), anindication that entry is not permitted may be given inthe following manner:

(a) an advertisement;

(b) a pamphlet;

(c) the conditions attached to a CWC 2007ticket;

(d) a direction of a police officer or anauthorized person;

(e) a fence, chain or barrier around the part oracross an entrance into the part; or

(f) a sign erected in, at or near an entrance.

(3) A person who contravenes subsection (1) maybe—

(a) ordered by a police officer or an authorizedperson to leave a CWC 2007 venue, or partthereof;

(b) removed from the CWC 2007 venue, or partthereof, by a police officer where thatperson refuses to comply with an orderunder paragraph (a).

(4) A person who contravenes subsection (1)commits an offence and is liable on summary convictionto a fine of twelve thousand dollars.


Unauthorized entry

13. (1) CWC 2007 Inc. may for the duration of a matchperiod, set aside—

(a) any area within a CWC 2007 venue as areserved area; or

(b) any seat within a CWC 2007 venue as areserved seat.

(2) No person shall enter or remain in a reservedarea or occupy a reserved seat unless that person is—

(a) the holder of a CWC 2007 ticket conferringentitlement to do so; or

(b) otherwise authorized so to do by or onbehalf of CWC 2007 Inc.

(3) A police officer or an authorized person whohas reasonable grounds to suspect that a person who isin a reserved area or reserved seat is not entitled to bein the area or seat, may request that person to produceevidence of his entitlement to enter or remain in thereserved area or to occupy the reserved seat.

(4) A person who fails to comply with a requestunder subsection (3) may be ordered by a police officeror an authorized person to leave the reserved area,reserved seat or the CWC 2007 venue.

(5) A person who refuses to comply with an ordergiven under subsection (4)—

(a) may be removed from the CWC 2007 venueby a police officer; and

(b) commits an offence and is liable onsummary conviction to a fine of twelvethousand dollars.

14. (1) This section applies to the members of anyorganization, association, club or similar body or aperson who has any entitlement in a stadium whetherthrough the exercise of rights or otherwise.

Reserved areas andreserved seats


Membersentitlements duringa match period

(2) During a match period—

(a) a member referred to in subsection (1),is not entitled to exercise any right,entitlement or privilege of membership;

(b) the holder of a club card or guest card orsimilar facility is not entitled to exerciseany right or privilege otherwise conferredon the holder; and

(c) a person otherwise entitled or privileged,is not entitled to exercise any right,entitlement or privilege,

in relation to a stadium, or any part of it, including theright to obtain entry to the stadium or to use anyfacilities for seating, eating, drinking, sport orrecreation provided at or in relation to the stadium.

(3) A person referred to in subsection (2) whoseeks to exercise any right, entitlement or privilege maybe—

(a) ordered by a police officer or an authorizedperson to leave the stadium; or

(b) removed from the stadium, by a policeofficer where that person refuses to complywith an order given under paragraph (a).

(4) The owners of the stadium, WICB, CWC 2007Inc., ICC, IDI or GCC shall not be liable as a result ofthe operation of this section—

(a) for any suit, action or proceeding;

(b) to pay compensation to a member, guest orclub card holder or to any other personreferred to under subsection (2); or

(c) to reimburse any person referred to inparagraph (b), for the whole or a portion ofany payment made by such person to obtaincertain rights, entitlements or privileges.


15. (1) A person shall not in any CWC 2007 venue—

(a) misuse, deface, damage or tamper with anybuilding, vomitorium, seat, chair, table,structure, vehicle, craft, truck, pipe, tap,tap-fitting, conduit, electrical equipment,wiring or sign;

(b) excavate or cause to be excavated any partof a CWC 2007 venue unless authorized byCWC 2007 Inc.;

(c) erect any structure, erect or display anysign, banner or other thing, in contraven-tion of this Act unless authorized by CWC2007 Inc.;

(d) block any stair, step, aisle, gangway,overpass, underpass, pontoon, bridge, entry,exit or other thoroughfare unless author-ized by CWC 2007 Inc. ;

(e) throw any stone, bottle or missile, or throwor use any other dangerous object;

(f) disrupt, interrupt, or behave in a mannerthat may disrupt or interrupt, any CWC2007 activity or disrupt, or interfere with,the comfort of persons at a CWC 2007activity;

(g) interfere with the equipment of a persontaking part in a CWC 2007 activity;

(h) operate or use a loud hailer, public addresssystem or other broadcast device or anyother device that may interfere withelectronic or radio communications unlessauthorized by CWC 2007 Inc.;

(i) conduct public surveys or opinion polls, orsolicit money, donations or subscriptionsfrom members of the public unlessauthorized by CWC 2007 Inc.;


Conduct within CWC2007 venue

(j) act or conduct himself in such a way as to—(i) adversely affect the safety of the

public within the stadium orother CWC 2007 venue;

(ii) interfere with any person takingpart in a CWC 2007 activity;

(iii) interfere with the equipment of aperson taking part in a CWC2007 activity;

(iv) adversely affect the efficientoperation and staging of a CWC2007 activity; and

(k) engage in the conduct described in section18.

(2) A police officer may dismantle or remove anystructure erected or any sign, banner or other thingdisplayed in contravention of this section.

(3) A person who contravenes subsection (1)—

(a) may be—(i) ordered by an authorized person

or a police officer to leave theCWC 2007 venue; or

(ii) removed from the CWC 2007venue by a police officer if thatperson refuses to comply with anorder under paragraph (i); and

(b) commits an offence and is liable onsummary conviction to a fine of onehundred and twenty thousand dollars.

(4) A police officer may take possession of anythingused or capable of being used to contravene this section.

(5) Where possession of an item is taken undersubsection (4), the item shall be lodged with CWC 2007Inc.


(6) An item lodged with CWC 2007 Inc. shall,except where the person is charged, be available forcollection within forty-eight hours after possession of itwas taken at such place as is notified to the person fromwhom it was taken.

(7) For the purposes of subsection (1)(j)(ii) andsection 16(2)(a)(iv); “a person taking part in a CWC 2007activity” means—

(a) a member of a squad;

(b) a person, including an umpire or amatch referee, engaged in the control ormanagement of the CWC 2007 activity;

(c) a member of a class of persons authorized toenter the playing field; or

(d) any person involved in the production,transmission or broadcast of a CWCactivity whether by television, radio,internet, or wireless service or otherwise.

16. (1) No person shall, bring into or have in hispossession at a CWC 2007 venue, during a matchperiod—

(a) any weapon or dangerous object or articlecapable of being used as a weapon;

(b) any animal other than a guide dog if theperson is blind; or

(c) any article specified in Part I of the SecondSchedule.

(2) No person shall bring into or have in hispossession at a CWC 2007 venue during a match period,any article—

(a) which may be used to—

(i) erect a structure;


Prohibited orrestricted items inCWC 2007 venue

Second Schedule

(ii) deface or damage any structurewithin that venue;

(iii) adversely affect the safety of thepublic within that venue;

(iv) disrupt or interrupt a CWC 2007activity;

(v) interfere with the comfort ofpersons within the CWC 2007venue or their enjoyment of aCWC 2007 activity;

(vi) distract, hinder or interfere witha person taking part in a CWC2007 activity or the equipment ofthat person;

(vii) engage in conduct prohibitedunder section 18;

(vii) otherwise affect the efficientoperation and staging of a CWC2007 activity; or

(b) specified in Part II of the Second Scheduleexcept where that article is sold at thevenue.


(a) ordered by an authorized person to leavethe CWC 2007 venue; or

(b) removed from the CWC 2007 venue by apolice officer, if that person refuses tocomply with an order under paragraph (a).

(4) A person who contravenes subsection (1)commits of an offence and is liable on summaryconviction to a fine of one hundred and twenty thousanddollars.

Second Schedule


17. (1) An authorized person may request a person tosurrender any item that—

(a) is prohibited under section 16(1) orrestricted under section 16(2) or that maybe used in a manner to contravene section16(2), which is in his possession at anysecurity point or entrance of a CWC 2007venue;

(b) has been brought into a CWC 2007 venue—(i) in contravention of section 16(1),

16(2); or(ii) that may be used to contravene

section 16(2).

(2) A person who refuses to surrender an itemwhen requested to do so under—

(a) subsection (1)(a) may be refused entry to aCWC 2007 venue; or

(b) subsection (1)(b) may be—(i) ordered by an authorized person

to leave the CWC 2007 venue; or(ii) removed from the CWC 2007

venue by a police officer, if thatperson refuses to comply with theorder under subparagraph (i).

(3) An authorized person, on taking possession ofan item under this section shall give a receipt to theperson from whom it was taken, indicating the nature ofthe item and the date and time when possession of itwas taken by the authorized person.

(4) An item referred to in subsection (3) shall—

(a) be lodged with CWC 2007 Inc.; and

(b) except where the person is charged, beavailable for collection within 48 hoursafter possession of it was taken at suchplace as is notified to the person from whomit was taken.

Surrender ofprohibited items


18. (1) No person shall, without the written authori-zation of CWC 2007 Inc.—

(a) hawk, sel l , of fer, display for sale ordistribute to members of the public, anygoods, services, flyers or pamphlets; and

(b) collect money or orders from members ofthe public for goods or services,

in a CWC 2007 venue during a match period.



(b) removed from the CWC 2007 venue by apolice officer where that person refuses tocomply with an order under paragraph (a).

(3) A person who contravenes subsection (1)commits an offence and is liable on summary convictionto a fine of twelve thousand dollars.

19. (1) An authorized person who suspects, onreasonable grounds, that a person in a CWC 2007 venuehas committed or has been involved in the commissionof an offence in contravention of this Part may take aphotograph or make another form of image includinga closed circuit television recording of that person.

(2) A photograph taken under subsection (1)—

(a) may only be used for the purpose of identi-fication; and

(b) except where the person is charged, shall bedestroyed by CWC 2007 Inc. within 7 daysof the completion or termination of CWC2007.

Sale of goods orservices


Authority tophotograph certainpersons

20. (1) A police officer who suspects, on reasonablegrounds, that a person in a CWC 2007 venue hascommitted, or has been involved in the commission of, acontravention of this Part may require the person tostate his full name and address.

(2) A person who fails, without reasonable cause tocomply with a requirement under subsection (1) or who,in purported compliance with such a requirement,furnishes information that the person knows to be falseor misleading in a material particular commits anoffence and is liable on summary conviction to a fine ofsix thousand dollars, and may be—

(a) ordered by a police officer to leave the CWC2007 venue; or

(b) removed from the CWC 2007 venue by apolice officer where that person refuses tocomply with an order under paragraph (a).

PART IV

CONTROL OF ADVERTISING

21. (1) A person who is the owner or occupier of, or theholder of a lease or licence relating to land, a building orstructure on land within a CWC 2007 venue shall notcause or permit any advertisement or advertisingmaterial to be displayed or fixed to or placed on, or toremain on the land, building or structure except asauthorized in writing by CWC 2007 Inc.

(2) CWC 2007 Inc. or an authorized person mayerase or remove any advertisement or advertisingmaterial fixed or placed on any land, building orstructure in contravention of subsection (1).

(3) In exercising its powers under subsection (2),CWC 2007 Inc. shall take such steps as are necessary toensure that as little damage as possible is caused.


Requirement to statename and address

Prohibition of certainadvertisements onbuildings andstructures

22. (1) No person shall during a match period operatean aircraft over a CWC 2007 venue.

(2) A person who contravenes subsection (1)commits an offence and is liable on summary convictionto a fine of one hundred and twenty thousand dollars.

(3) This section does not apply to the operation of—

(a) a military aircraft or a police aircraft whenoperated for military, security or emergencypurposes; or

(b) an aircraft when being operated exclusivelyfor emergency purposes relating to humanlife, safety or the protection of property.

23. (1) No person shall—

(a) publish or display; or

(b) cause to be published or displayed,

any advertisement that relates to or is connected withCWC 2007 Inc. that is false or misleading.

(2) A person who contravenes subsection (1)commits an of fence and is l iable on summaryconviction—

(a) in the case of a first conviction, to a fine ofone hundred and twenty thousand dollars;or

(b) in the case of a second or subsequentconviction, to a fine of one hundred andeighty thousand dollars.

24. (1) No person shall, other than for personal use,broadcast, narrowcast, telecast, transmit, record,publish, disseminate, reproduce or circulate by anymeans, including, without limitation, utilizing:

(a) television;(b) radio;(c) satellite;


Use of airspace

Prohibition of certainadvertisements

Commercialbroadcasting,telecasting,recording orfilming

(d) the internet; or

(e) any wireless service,

any audio, video, photograph, text or data or any otherinformation relating to a CWC 2007 activity or any partof such activity, without the approval of CWC 2007 Inc.

(2) A person who contravenes subsection (1) com-mits an offence and is liable on summary conviction to afine of one hundred and twenty thousand dollars.

(3) An application for approval under this sectionshall be made to CWC 2007 Inc. in such form andmanner as may be determined by CWC 2007 Inc.

(4) Any approval granted under subsection (3)shall be subject to such conditions as CWC 2007 Inc.thinks fit.

(5) A police officer may take possession of any itemthat is used in contravention of this section if—

(a) the police officer has directed the personconcerned to stop the use of the article; and

(b) the person continues to use the article incontravention of this section.

(6) A person who uses any article in contraventionof this section may be—


(b) removed from the CWC 2007 venue by apolice officer, if that person refuses tocomply with an order under paragraph (a).

(7) The broadcasting, telecasting, recording orfilming of any information relating to a CWC 2007activity for the purpose of provision of information or forthe purposes of criticism or review is not alone sufficientto amount to a contravention of subsection (1).


(8) In subsection (7), a reference to—

(a) “the provision of information” includes areference to the reporting of news and thepresentation of current affairs; and

(b) “criticism” or “review” includes a referenceto criticism or review—

(i) in a newspaper, magazine orsimilar periodical;

(ii) in a broadcast; or

(iii) in a cinematographic film.

(9) A police officer on taking possession of anitem under this section shall give the item to anauthorized person who shall give a receipt to the personfrom whom it was taken.

(10) The receipt referred to in subsection (9) shallindicate the nature of the item and the date and timewhen possession of it was taken by the authorizedperson.

(11) The item referred to in subsection (9) shall—

(a) be lodged with CWC 2007 Inc.; and

(b) except where the person is charged, beavailable for collection within forty-eighthours after possession of it is taken at suchplace as is notified to the person from whomit was taken.

25. (1) Except with the written authorization ofCWC 2007 Inc., IDI or GCC a person shall not wilfullybroadcast, display, make, publish or televise anyadvertisement, communication, statement, mark orimage or cause or authorize any advertisement,communication, statement, mark or image to be


Prohibition ofambush marketing

broadcast, displayed, made, published, televised orcarried on, cause or authorize any other activity which—

(a) relates to or is connected with CWC 2007;(b) implies or suggests a contractual or other

connection or association of that personwith CWC 2007 or a person officiallyassociated or involved in CWC 2007; and

(c) is intended to—(i) associate that person with CWC

2007 or exploit the publicity orgoodwill of CWC 2007, in orderfor that person to gain a benefit ofany kind;

(ii) diminish the status of an officialsponsor, official supplier, officialbroadcaster or other licensee withregard to CWC 2007; or

(iii) imply that the person is anofficial sponsor, official supplier,official broadcaster or otherlicensee with regard to CWC2007.

(2) No person shall, in relation to CWC 2007, use orcause to be used, a mark, image, statement or brand ina manner calculated to achieve publicity for that mark,image, statement or brand with which that mark,image, statement or brand is associated and therebyderiving any special promotional benefit from CWC2007 without the prior authority of CWC 2007 Inc. orIDI.

(3) For the purpose of subsection (2), the use of amark, image or statement includes—

(a) any visual representation of the mark,image or statement upon or in relation togoods or in relation to the rendering ofservices;


(b) any audible representation of the mark,image or statement in relation to goods orthe rendering of services; or

(c) the use of the mark, image or statement inpromotional activities,

which in any way directly or indirectly, is or is intendedto be brought into association with, imply a connectionwith or allude to CWC 2007.

(4) A person who contravenes this section commitsan offence and is liable on summary conviction to a fineof one hundred and twenty thousand dollars.

26. (1) No person shall use a CWC 2007 ticket inrelation to any form of commercial activity or as a prizein any lottery, competition, game or promotion withoutthe prior written approval of CWC 2007 Inc.

(2) A person who contravenes subsection (1)commits an offence and is liable on summary convictionto a fine of sixty thousand dollars.

PART V

PROTECTION OF CWC 2007 MARKS, INDICIA AND

IMAGES

27. (1) No person shall use a CWC 2007 mark withoutthe written authorization of the owner of that mark.

(2) Registration by IDI of a CWC 2007 mark underthe Trade Marks Act shall vest in IDI, from the date ofregistration until 31st December, 2008—

(a) the right to its exclusive use in connectionwith the goods or services for which theyare registered; and

Promotional use ofCWC 2007 tickets

Prohibition ofunauthorized use ofCWC 2007 mark

Chap. 82:81


(b) the exclusive right to prevent any otherperson from using any such mark withoutthe authority of IDI.

(3) Subsection (2)(b) extends to the use of anidentical or confusingly similar mark in connection withgoods or services where the use—

(a) has caused or is likely to cause confusion;or

(b) takes unfair advantage of or is detrimentalto, the distinctive character or the reputeof a CWC 2007 mark.

28. (1) This section applies to goods, material, andarticles described in section 7 of the Trade Marks Actthat infringe a CWC 2007 mark or any other mark ofIDI, ICC, WICB or CWC 2007 Inc.

(2) A person who, with intent to gain for himself oranother, or with intent to cause loss to another, andwithout the consent of the proprietor of the mark inquestion, buys, sells, imports or exports any goods towhich this section applies commits an offence and isliable on summary conviction to—

(a) in the case of a first conviction, to a fine ofsixty thousand dollars; and

(b) in the case of a second or subsequentconviction, to a fine of one hundred andtwenty thousand dollars.

(3) The provisions of the Trade Marks Act shallapply in the determination of whether or not a mark hasbeen infringed.

29. (1) For the purposes of this Part “CWC 2007indicia” means—

(a) any item set out in Part I of the ThirdSchedule; or

Infringement ofmark of IDI, ICC,WICB, CWC 2007Inc.

Chap. 82:81


CWC 2007 indiciaand images

Third Schedule

(b) a combination of any of the items listed inPart II of the Third Schedule,

and where appropriate, includes a CWC 2007 mark;

“CWC 2007 images” means any visual or auralrepresentations or a combination of boththat, to a reasonable person, in thecircumstances of the presentation, wouldsuggest a connection with CWC 2007including the picture, whether photo-graphic or otherwise, likeness or image ofany squad member, squad or part of asquad and where appropriate, includes aCWC 2007 mark;

“covering” includes packaging, frame, wrapper,container, stopper, lid or cap;

“label” includes a band or ticket.

(2) CWC 2007 indicia that are represented in alanguage other than English are to be taken to be CWC2007 indicia.

(3) Indicia and images so closely resembling CWC2007 indicia or CWC 2007 images as are likely to bemistaken, by a reasonable person, shall be regarded asCWC 2007 indicia or CWC 2007 images.

30. (1) For the purposes of this Part, CWC 2007indicia or CWC 2007 images are applied to goods orservices if such indicia or images are—

(a) in the case of goods—(i) woven in, impressed on, worked

into, affixed or annexed;(ii) applied to any covering, docu-

ment, label, reel or thing in orwith which the goods are, or areintended to be dealt with orprovided in the course of trade orthe promotion of trade; or

Application of CWC2007 indicia andimages


(b) in the case of goods or services—(i) used on a signboard or in an

advertisement, including a televi-sion or radio advertisement, thatpromotes the goods or services; or

(ii) used in an invoice, price list,catalogue, brochure, businessletter, business paper or any othercommercial document or any pro-motional material that relates tothe goods or services.

(2) For the purposes of subsection (1), anadvertisement promotes goods or services where—

(a) it promotes a particular person whoprovides goods or services; and

(b) a reasonable person would conclude, that itwas designed to enhance the commercialimage of the person referred to inparagraph (a).

(3) Where—

(a) goods are imported into Trinidad andTobago for the purpose of sale or distribu-tion by a person; and

(b) when imported, the goods have applied tothem any CWC 2007 indicia or CWC 2007images,

that person shall be taken to have applied the indicia orimages to the goods.

31. (1) CWC 2007 Inc. or IDI may license a person touse all or any one or more of CWC 2007 indicia orCWC 2007 images for commercial purposes in suchcircumstances as may be determined by CWC 2007 Inc.or IDI.


Licence to use CWC2007 indicia or CWC2007 images forcommercial purposes

(2) A licensed user may only use for commercialpurposes the CWC 2007 indicia or CWC 2007 imagesthat he is licensed to use and may only use such indiciaor images in accordance with the licence.

32. (1) No person, other than CWC 2007 Inc., IDI or alicensed user, shall use—

(a) any CWC 2007 indicia listed in Part I ofthe Third Schedule; or

(b) any other CWC 2007 indicia or any CWC2007 images,

for commercial purposes.

(2) CWC 2007 indicia or CWC 2007 images areused by a person for commercial purposes if that personcauses such indicia or images—

(a) to be applied to his goods or services—(i) for advertising or promotional

purposes; or(ii) in a manner that is likely to

enhance the demand for the goodsor services; and

(b) to a reasonable person, the applicationwould suggest that that person is or was asponsor of a CWC 2007 activity, or is or wasassociated or connected with CWC 2007 ora CWC 2007 activity.

(3) Where goods or services which have applied tothem CWC 2007 indicia or CWC 2007 images are usedfor commercial purposes by a person other than CWC2007 Inc., IDI or a licensed user, or any person who—

(a) supplies, or offers to supply, such goods orservices;


Prohibition ofunlicenced to useCWC 2007 indicia orCWC 2007 images

(b) exposes such goods for supply; or

(c) keeps such goods for supply, whether or notby him,

shall be taken to have used the CWC 2007 indicia orimages for commercial purposes.

33. (1) The use of a CWC 2007 mark, CWC 2007indicia or CWC 2007 image for the purposes of, or in con-nection with, the provision of information or for the pur-poses of criticism or review is not by itself sufficient to—

(a) amount to a contravention of section 28; or

(b) suggest a sponsorship, or the provision ofother support, for the purposes of section32(2)(b).

(2) In subsection (1) a reference to—

(a) “the provision of information” includes areference to the reporting of news and thepresentation of current affairs; and

(b) “criticism” or “review” includes a referenceto criticism or review—

(i) in a newspaper, magazine orsimilar periodical;

(ii) in a broadcast; or(iii) in a cinematograph film.

34. (1) Where goods have applied to them any CWC2007 mark, CWC 2007 indicia or CWC 2007 imageswhich the importer is not authorized or licensed underthis Act to use for commercial purposes, a customsofficer may detain the goods for further investigation.

(2) Goods detained under this section shall be keptin such secure place as the Comptroller directs.

Provision ofinformation


Power of customsofficers in relation tocertain imports

35. (1) Where goods have been detained or confiscatedunder section 34, the Comptroller shall notify CWC2007 Inc. or IDI of the detention.

(2) CWC 2007 Inc. or IDI or a licensed user may,within 21 days of the receipt of the notice make anapplication for an injunction under section 39 and shallgive the Comptroller written notice of such application.

36. (1) The Comptroller shall release goods detainedunder section 34—

(a) unless within the period mentioned insection 35(2), CWC 2007 Inc., IDI or alicensed user has—

(i) made an application for aninjunction under section 39 inrelation to the goods;

(ii) given to the Comptroller writtennotice of the application; and

(b) where CWC 2007 Inc., IDI or if applicablethe licensed user, has by written notice tothe Comptroller consented to the release ofthe goods.

(2) Except, where the Comptroller has beennotified in accordance with subsection (1) that anapplication has been made in relation to the goods, theComptroller may, in his own determination, release theseized goods before the expiration of the periodmentioned in section 35(2) if the Comptroller, havingregard to information that has come to his knowledgeafter the goods were detained, does not have reasonablegrounds for believing that section 28 or 34 would becontravened by the importation of the goods.

37. Nothing in this Part authorizes the Comptroller todispose of any detained goods where the Comptroller isrequired or allowed to retain control of the goods underany other law.

Notice of detention

Release of goods—no application forinjunction


Power of Comptrollerto retain control ofgoods

38. (1) The provisions of this Act relating to CWC2007 indicia or CWC 2007 images, shall not affect rightsconferred by law on a person in relation to—

(a) a trademark that is registered under theTrade Marks Act; or

(b) an industrial design that is registeredunder the Industrial Designs Act,

which was so registered before the commencement ofthis Act in relation to the indicia or image.

(2) Nothing in this Act affects the use of the indiciaor image by a person who, before the commencement ofthis Act, was entitled to prevent another person fromusing the indicia or image or similar indicia or image,for the purpose of passing off.

(3) This Act does not apply to the use of a businessname in connection with a business where—

(a) the name is registered in relation tothe business under the Registration ofBusiness Names Act; and

(b) the name was so registered immediatelybefore the commencement of this Act inrelation to the business.

(4) This Act does not apply in relation to the useof the name of an incorporated company where thecompany—

(a) was in existence immediately before thedate of commencement of this Act;

(b) uses the name in connection with abusiness carried on by the company; and

(c) used the name in connection with thebusiness immediately before thecommencement of this Act.

Preservation ofexisting rights

Act No. 18 of 1996

Chap. 82:85


PART VI

REMEDIES

39. (1) Where a person has engaged, is engaging, oris proposing to engage in conduct in contravention ofsections 6, 22, Part IV and Part V, the Court may onapplication by CWC 2007 Inc., IDI or a licensed user,grant an injunction—

(a) restraining the person from engaging inthe conduct; and

(b) where, in the Court’s opinion, it is desir-able to do so, requiring the person to takesuch action as the Court sees fit, including,in the case of a sign, the erasure or removalof the sign.

(2) The Court may grant an interim injunctionpending the determination of an application undersubsection (1).

(3) Nothing in this Part limits or shall be con-strued as limiting any rights or remedies availableunder the Trade Marks Act.

(4) For the purpose of this Part “Court” means theHigh Court.

40. (1) Where, on an application under section 39 theCourt is satisfied that a person has engaged in conductconstituting a contravention of section 28 or 32, theCourt may make an order requiring the person—

(a) by such means, including a broadcast orInternet publication, as the Court thinksfit;

(b) at the person’s own expense; and(c) at the times specified in the order,

to publish advertisements, in accordance with the order.

41. Where CWC 2007 Inc., IDI or a licensed usersuffers loss or damage as a result of anything done incontravention of section 28 or 32, the amount of the lossor damage may be recovered by action in the Court.


Injunctions

Correctiveadvertisements

Damages

42. Where, on the application of CWC 2007 Inc., IDIor a licensed user, the Court is satisfied that a personhas engaged in conduct in contravention of section 28 or32, the Court may make an order granting relief by wayof an account of profits.

43. CWC 2007 Inc., IDI or a licensed user is notentitled, in respect of the same contravention of section28 or 32, to both—

(a) the recovery of loss or damages undersection 41; and

(b) damages based on an account of profitsunder section 42.

44. (1) Where, on the application of CWC 2007 Inc.,IDI or a licensed user, the Court is satisfied that aperson has contravened section 28 or 32 in relation togoods, the Court may order that the goods be—

(a) destroyed;(b) delivered up to CWC 2007 Inc., IDI or to

the licensed user; or(c) otherwise dealt with in such manner as the

Court thinks fit.

(2) A Court may make an order under this sectionwhether or not an injunction is granted under section39.

45. (1) The remedies provided under this Part are inaddition to any remedy provided by any law—

(a) that confers any rights or powers on CWC2007 Inc., IDI or a licensed user in relationto conduct of a kind that constitutes acontravention of section 28 or 32;

(b) relating to engaging in conduct that ismisleading or deceptive and, in particular,in relation to representations—

(i) that goods or services havesponsorship or approval thatthey do not have; or

Account of profits

Limitation

Destruction ordelivery of goods


Other remedies

(ii) that a corporation has a sponsor-ship, approval or affiliation that itdoes not have.

(2) The reference in subsection (1) to particularrepresentations does not preclude the application of anylaw to conduct of a kind that constitutes a contraventionof section 28 or 32.

(3) The Court may make any order, the effectof which would be to deprive an offender of anyeconomic gain from the goods in relation to which thecontravention occurred.

46. (1) The Minister may by Order amend theSchedules to this Act.

(2) The Minister may make regulations subject tonegative resolution of Parliament prescribing matters—

(a) required or permitted by this Act to beprescribed; or

(b) for carrying out or giving effect to this Act.

(3) Without limiting the generality of subsection(1), the regulations may provide for—

(a) the organization, management and controlof a CWC 2007 activity and the carryingout of works or activities, or providingservices for the safe and orderly conduct ofsuch CWC 2007 activity;

(b) the control, management and use of a CWC2007 venue and the carrying out of worksor activities or providing services in, on ornear a CWC 2007 venue for the safe andorderly management and use of the CWC2007 venue;


Orders andRegulations

(c) the prohibition or regulation of entry into aCWC 2007 venue or part of such venue;

(d) the prohibition or regulation of the conductor activities of persons for the purpose ofthe safe and orderly conduct of CWC 2007activities or the safe and orderly use of aCWC 2007 venue.

47. This Act binds the State.

48. This Act expires on 30th June, 2007.

FIRST SCHEDULE

(Section 7)

Heads of State

Heads of Government

Former Heads of State

Former Heads of Government

Chief Justices

Guests of Heads of State, Heads of Government, Former Heads ofState and Former Heads of Government

Members of Cabinet

Members of Parliament

Players and officials of participating teams

Officials, staff, advisors or contractors of WICB, CWC 2007 Inc.,ICC, IDI or GCC

Umpires and Match Referees

Members of the media accredited by CWC 2007 Inc.

Official broadcasters accredited by CWC 2007 Inc.

Representatives of official sponsors

Scorers

Act to bind the State

Expiry of Act


SECOND SCHEDULE

[Section 16(1)(c)]

PART I

PROHIBITED ITEMS

The following items shall be prohibited at all CWC 2007venues:

1. Cans or tins

2. Compressed air or gas operated horns

3. Explosives

4. Firearms

5. Fireworks

6. Flares

7. Gas cylinders (including portable barbeque equipment)

8. Glass bottles

9. Incendiary devices

10. Illegal drugs

11. Knives

12. Mace

13. Megaphones

PART II

[Section 16(2)(b)]

RESTRICTED ITEMS

The following items shall be restricted at all CWC 2007venues:

1. Alcoholic beverages

2. Balls, frisbees and similar items

3. Bands and musical instruments

4. Banners or flags which could restrict the view of or inthe opinion of CWC 2007 Inc. would be offensive toother spectators


SECOND SCHEDULE—(CONT’D.)

[Section 16(2)(b)]

RESTRICTED ITEMS (Cont’d.)

5. Baseball bats

6. Bicycles

7. Branded drinks

8. Branded non-alcoholic beverages

9. Branded snacks

10. Chairs

11. Lunch boxes other than soft plastic lunch bags notlarger than 600 mm x 300 mm (24" x 12")

12. Radios (other than small transistor radios used with earor head phones)

13. Scooters

14. Skates or Skateboards

15. Any other article which in the opinion of CWC 2007 Inc.is offensive, disruptive, dangerous or likely to infringethe rights, safety or security of any person


THIRD SCHEDULE

[Section 29 (1)]

PART I

Cricket World Cup

CWC

CWC West Indies

World Cup Cricket

PART II

Any combination words, one part of which is from Column Iand one part of which is from Column II

Column I Column II

Antigua Cricket World Cup

Antigua and Barbuda CWC

Barbados CWC West Indies

Barbuda MMVII

Caribbean Two thousand and seven

Grenada 2007

Guyana World Cup

Jamaica World Cup Cricket

Nevis 07

St. Kitts

St. Kitts and Nevis

St. Lucia

St. Vincent

St. Vincent and the Grenadines

The Grenadines

Trinidad

Trinidad and Tobago

Tobago

West Indies

Windies


THIRD SCHEDULE—(CONT’D.)

CRICKET VENUES

Antigua Recreational Ground

ARG

Arnos Vale

Beausejoui

Beausejoui Stadium

Bourda

Bourda Oval

U.W.I./S.P.E.C. Grounds

Kensington

Kensington Oval

Providence

Providence Stadium

Queen’s Park

Queen’s Park Oval

Sabina

Sabina Park

Sir Vivian Richards’ Stadium

Three W’s

Three W’s Oval

Trelawny Stadium

Warner Park


Passed in the Senate this 31st day of October, 2006.

N. JAGGASSARClerk of the Senate

Passed in the House of Representatives this 1st day ofNovember, 2006.

J. SAMPSONClerk of the House


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2006

Documents

The ICC Cricket World Cup West Indies 2007 Act, 2006 · No. 28 ICC Cricket World Cup West Indies 2007 2006 567 “cricket match” means a match including a warm-up match, that forms