World Intellectual Property Review Digital Digest 2009

BRAZIL
events, as well as imitations likely to cause confusion, except when Confederações de 2013, Copa das Confederações do Brasil, Copa de 2013,
authorised by the competent authority or entity promoting the event Copa 2013, Copa, Brasil 2013, BRA 2013, BR 2013
• Th e provision of the Pelé Law, which grants exclusive rights to the • Th e names, ﬂ ags, logos, anthems, trademarks and symbols of the
Brazilian Olympic Committee for the fl ags and Olympic symbols, as well organisations and national teams, as well as the names and nicknames
as to the names ‘jogos olímpicos’, ‘olimpíadas’, ‘jogos paraolímpicos’ and of the athletes, are their exclusive property under national protection
‘paraolimpíadas’ without the need for registration
• Th e copyright protection aﬀ orded to symbols, designs and mascots as
• Th e Confederação Brasileira de Futebol (Brazilian Soccer Confederation) and
well as any other works
its sponsors have exclusive use rights until 30 days aft er the events in relation
• Th e protection aﬀ orded to the name and image (likeness) of the athletes
to the following names: Seleção Brasileira, Seleção, Seleção Canarinho,
under our civil code as well as the Pelé Law
Equipe Brasileira de Futebol, Equipe Brasileira, Equipe Canarinho.
• Rules against unfair competition provided in international agreements
It is also forbidden to associate goods, services and marks with these
such as the CUP and TRIPS, and in the Brazilian Industrial Property Law
protected names, fl ags, anthems, marks, logos and symbols. Association is
• Rules against unjust enrichment provided in the Brazilian Civil Code
defi ned as any use of the protected symbols, including unintentional use,
• Specifi c rules against ambush marketing provided by the Code of Ethics
and even if combined with expressions such as ‘unauthorised’ or ‘unoffi cial’,
of the Brazilian Advertising Self-Regulation Council (CONAR), which is
or similar.
a private entity created in 1980 by local advertisers, advertising agencies
Th e only exceptions are non-lucrative use by individuals and uses exclusively
and media companies.
for information, critique or opinion by media outlets, including on the
Th e number of advertisements expressly using the offi cial Olympic logos and Internet. Also, there is a grandfather provision respecting rights registered
names that appeared in Brazilian newspapers, websites, television stations prior to the law.
and magazines immediately following the announcement of Rio as the host
Th e bill also provides for the defi nition of ‘clean zones’ in which any form of
city provides a clear measure of the work that will have to be carried out by
the local organising committee to enforce the valuable rights to the event.
unauthorised commerce, advertising, marketing or publicity is prohibited.
Brazil was also selected to host the 2014 World Cup, and as part of the
Ambush marketing regulations have already been adopted in other
conditions agreed with FIFA, there is already a bill to curb the practice of
countries that have hosted events of this magnitude and where these bills
ambush marketing or marketing by association, which can aff ect the rights
were therefore expected.
of the offi cial sponsors of the event. Th e bill also covers the Confederations
Companies should be aware that the Brazilian courts will probably be
Cup, which will also be held in Brazil in 2013.
more rigorous in dealing with marketing by association, even if it relates
Th e bill provides that:
to the 2010 World Cup in South Africa, as Brazil is committed to showing
compliance with FIFA’s conditions.
• FIFA is the owner of the rights related to the 2014 World Cup and the
2013 Confederations Cup, including all media, marketing, licensing and
However, defi ning marketing by association is diffi cult because there is always a
ticketing
grey area in which the rights of offi cial sponsors need to be balanced against the
legitimate marketing eff orts of third parties. Th ere should not be a monopoly
• FIFA and its licensees have exclusive rights to the use of the following
on sports marketing even during the World Cup and Olympic Games.
terms as well as combinations of these and similar terms: Copa do Mundo
da FIFA Brasil 2014, Copa do Mundo da FIFA 2014, Copa do Mundo da
FIFA, Copa do Mundo de Futebol, Copa do Mundo, Copa do Mundo de
trademarks
2014, Copa do Mundo do Brasil, Copa de 2014, Copa 2014, Copa, Brasil Trademark application submissions via the E-Marcas online system, launched
2014, BRA 2014, BR 2014, Copa das Confederações da FIFA Brasil 2013, on September 1, 2006, already outnumber hardcopy submissions. According
Copa das Confederações da FIFA 2013, Copa das Confederações da FIFA, to the BPTO, between January and August 2009, 47,418 applications were
Copa das Confederações de Futebol, Copa das Confederações, Copa das submitted via E-Marcas—66.75 percent of the total.
www.worldipreview.com World Intellectual Property Review Digest 2009 43
Page 1 | Page 2 | Page 3 | Page 4 | Page 5 | Page 6 | Page 7 | Page 8 | Page 9 | Page 10 | Page 11 | Page 12 | Page 13 | Page 14 | Page 15 | Page 16 | Page 17 | Page 18 | Page 19 | Page 20 | Page 21 | Page 22 | Page 23 | Page 24 | Page 25 | Page 26 | Page 27 | Page 28 | Page 29 | Page 30 | Page 31 | Page 32 | Page 33 | Page 34 | Page 35 | Page 36 | Page 37 | Page 38 | Page 39 | Page 40 | Page 41 | Page 42 | Page 43 | Page 44 | Page 45 | Page 46 | Page 47 | Page 48 | Page 49 | Page 50 | Page 51 | Page 52 | Page 53 | Page 54 | Page 55 | Page 56 | Page 57 | Page 58 | Page 59 | Page 60 | Page 61 | Page 62 | Page 63 | Page 64 | Page 65 | Page 66 | Page 67 | Page 68 | Page 69 | Page 70 | Page 71 | Page 72 | Page 73 | Page 74 | Page 75 | Page 76 | Page 77 | Page 78 | Page 79 | Page 80 | Page 81 | Page 82 | Page 83 | Page 84 | Page 85 | Page 86 | Page 87 | Page 88 | Page 89 | Page 90 | Page 91 | Page 92 | Page 93 | Page 94 | Page 95 | Page 96 | Page 97 | Page 98 | Page 99 | Page 100 | Page 101 | Page 102 | Page 103 | Page 104 | Page 105 | Page 106 | Page 107 | Page 108 | Page 109 | Page 110 | Page 111 | Page 112 | Page 113 | Page 114 | Page 115 | Page 116 | Page 117 | Page 118 | Page 119 | Page 120 | Page 121 | Page 122 | Page 123 | Page 124 | Page 125 | Page 126 | Page 127 | Page 128 | Page 129 | Page 130 | Page 131 | Page 132 | Page 133 | Page 134 | Page 135 | Page 136 | Page 137 | Page 138 | Page 139 | Page 140 | Page 141 | Page 142 | Page 143 | Page 144 | Page 145 | Page 146 | Page 147 | Page 148 | Page 149 | Page 150 | Page 151 | Page 152 | Page 153 | Page 154 | Page 155 | Page 156 | Page 157 | Page 158 | Page 159 | Page 160 | Page 161 | Page 162 | Page 163 | Page 164 | Page 165 | Page 166 | Page 167 | Page 168 | Page 169 | Page 170 | Page 171 | Page 172 | Page 173