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World Cup General Law - Intellectual Property and Ambush Marketing

 

World Cup General Law – Intellectual Property and Ambush Marketing

During 2013 and 2014, all efforts will be focused upon the staging of the 2013 FIFA Confederations Cup and the 2014 FIFA World Cup in Brazil which, at the time of its application to host the events, guaranteed FIFA special procedures for the organization and staging of these events, currently regulated by Law nr. 12.663, dated 05/06/2012, better known as the “World Cup General Law”.

In effect since 06/06/2012, the World Cup General Law regulates various aspects of intellectual property, but mostly the protection of emblems, the competitions’ mascots and official symbols. It aims to ensure that the brands are recognized as being highly renowned and well known, guaranteeing FIFA the rights to exclusive use of its trademarks on any products or services both during and after the events.

Another important focus provided by the World Cup General Law is the recognition that FIFA is the exclusive title-holder to all the rights related to the images, sounds and other forms of expression arising from the events, including the exploitation, negotiation, authorization and prohibition of the broadcasts and repeat broadcasts of both events, establishing criminal and civil penalties, including indemnification, for any form of unauthorized broadcast or use.

In expectation of so-called “ambush marketing”, a tactic that is being practiced with increasing frequency during large sporting events, the World Cup General Law has established a set of regulations to ensure that unlicensed companies do not take advantage of the grandeur of these events to advertize and associate their brands, products or services without making any payment, thus causing damages to both FIFA and the official sponsors.

Amongst the regulations implemented by the World Cup General Law to fight this “ambush marketing”, trade restriction areas or, in other words, official competition areas have been created, such including stadiums, training centers, parking areas and areas officially designated for leisure activities of fans. These areas extend for a maximum of two kilometers around the sites, and include public access routes upon which publicity or advertizing will not be permitted by companies which have not been duly licensed by FIFA as official event sponsors. Furthermore, as part of its intention to control the actions of “ambush marketing”, the World Cup General Law defines them as crimes, with penalties including imprisonment from between three months and a year, or a fine.

By means of these measures, the World Cup General Law, as well as guaranteeing FIFA’s intellectual property rights, aims to protect the investments made by the events’ official sponsors, without impeding the staging of the 2013 FIFA Confederations Cup or the 2014 FIFA World Cup in any way.

FELSBERG E ASSOCIADOS maintains a team of specialized professionals offering services covering all aspects involved in the creation and protection of intellectual property. For more information, contact Tatiana Mazzoni de Faria at tatianafaria@felsberg.com.br

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