Part 2: Association with the Games Section 3: Unauthorised association with the Games
Section 3 (1) provides that a person acting in the course of a business may not use a representation to suggest an association between themselves (or any other person), or any goods or services, and the Birmingham Commonwealth Games 2022. A representation need not be visual; it could simply be a statement designed to convince the public that a business is in any way associated with the Games.
	This provision is intended to prevent the use of inventive tactics by those trying to gain commercial benefit from an association with the Commonwealth Games without having made the financial or other commitments of an authorised business.
	Section 3 (2) provides examples of an association between the Games and a person providing goods and services. Subsection (3) provides a non-exhaustive list of how a representation could be used to suggest an association and is designed to illustrate how the right of association could be infringed without using words, images or symbols which are otherwise protected (for example; the Birmingham 2022 logo, for which a registered trade mark will be sought).
	Section 3 subsections (4) and (5) provide that any breach of subsection (1) is to be considered an infringement of the Organising Committee’s exclusive right to use this type of representation and that the Organising Committee can take action in a civil court against such an infringement to seek relief, including damages or an injunction.
	Subsection (6) specifies for each jurisdiction which courts may grant relief.
	For completeness, subsection (7) makes clear that representations are not prohibited when they are authorised under section 4 or captured under the exceptions to the prohibition under section 5. It also makes clear that the restriction on unauthorised association is enforceable only by the Organising Committee, which may apply to the court for an order in relation to infringing goods and documents under section 6, subject to the protections for a person with an interest in those goods and documents set out in section 7.
	Subsections (1) to (3) of this section, and sections 4, 5 and 6(a), are subject to the sunsetting provision at section 33(3); they will cease to have effect on 1 January 2023, when it is anticipated that all events associated with the Games will have taken place and the Organising Committee will be, or will shortly be, wound up.