SPORTS LAW
for each race and event. The protection of the trademarks for those events will be of the utmost importance, as well as the negotiation of licensing deals and sponsorship agreements.
Te task at hand is not simple; draſting a licensing or a sponsorship agreement in Mexico is a complex and highly specialised task. Without adequate counselling, the agreement may be sufficient from an IP point of view, but issues that may arise at arbitration and/or litigation should also be carefully considered.
It should also be noted that every sports association has a particular set of rules which have to be in line with the bylaws of its federation. However, the associations are free to develop those bylaws into more specific regulations and, when the bylaws do not address particular issues, the association is entitled to deal with them as it sees fit.
Therefore, the drafting of licensing and sponsorship agreements requires expertise and specialisation of individuals with experience in both IP and sports law in Mexico.
Third party events
Te Mexican legal framework in sports law allows third parties to hold events and/or races for lucrative purposes. However, all sporting events must obtain the approval of the corresponding sports federation, since the federation is legally considered as the highest technical authority in its respective sport.
While several federations are beginning to register their respective trademarks, the sanctioning of sporting events and/or races organised by third
achieve their goals. Te rest are on their way and will soon emerge as real driving forces in their own sport.
“DUE TO THE LACK OF PROTECTION OF ITS IP ASSETS, THE FEDERATION IS COMMONLY FACED WITH THE SALE OF UNAUTHORISED AND LOW-QUALITY GOODS BY THIRD PARTIES NOT EVEN RELATED TO THE EVENT.”
parties almost always includes the use of the federation’s logo by the organising party, usually without a licence agreement or even terms of use. Consequently, is not uncommon to find the logo of a federation being used indiscriminately by the organising committee in merchandise, souvenirs and in general.
Moreover, due to the lack of control and protection of its IP assets, the federation is commonly faced with the sale of unauthorised and low-quality goods by third parties not even related to the event, resulting in discredit for the federation, the organising party and the event itself.
Slowly, the federations are realising that their trademarks and the appropriate licensing of their IP assets constitute a new source of revenue they can use to fulfil their goals. More authorisations for an event or race are now issued with addendums including formal licensing agreements for the use of the federation’s logo, effectively seizing an opportunity to participate in the revenue generated by the event.
José R. Trigueros graduated at the Universidad de las Américas, AC, in 2006 and continued with graduate studies in IP at the Ilustre y Nacional Colegio de Abogados de México, AC (Illustrious and National College of Law). He completed a Master’s in IP at the University of Torino, and a Master’s in corporate law at the Universidad Panamericana, AC. In 2011, Trigueros was appointed as professor of economic law and commercial contracts at the Instituto Tecnológico de Estudios Superiores de Monterrey, Santa Fe campus.
Separately, federations and third party organisers are negotiating licensing agreements with apparel and sports accessories companies. While the negotiations are usually made with local enterprises, the size of the audience and public exposure of the events is now attracting national, and even international, companies to participate as either licensees or sponsors.
For example, one of the biggest national events in cycling, Te Telmex Tour, is being organised by a major telecommunications company in Mexico, La Vuelta. Tis is an example of coordination between the Mexican Cycling Federation and a third party organiser, with licensing agreements as the backbone of the event.
The future
Mexico has 84 sports federations, several of which require only a small push in the right direction to
42 World Intellectual Property Review March/April 2012
www.worldipreview.com
We have experienced first-hand that managers in the sports federations are discovering the true potential of their IP assets; they are getting used to protecting their trademarks, events, athletes and are actively looking for additional revenue sources and growth prospects.
In a field full of business opportunities, IP is seen by Mexican sports federations as a great tool for development and growth. Trademark registration, protection and anti-counterfeiting measures are being implemented to attract business partners, licensees and sponsors.
Te Mexican market is big, diverse and eager to support its athletes and sports idols, who all have the potential to attract new talent to their respective sports and new members to a growing fan base.
Mexico is not yet able to provide every sports federation with a budget sufficient to fulfil the needs of its athletes and to offer opportunities for its youth to practise other sports. However, federations are beginning to discover new growth opportunities to achieve sustainability by harnessing the potential of their IP. n
José Ramón Trigueros is a co-founder and partner at Leyva, Montenegro, Trigueros Abogados. He can be contacted at:
jtrigueros@lmt.mx
Sadara Montenegro González is a founding partner of Leyva, Montenegro, Trigueros Abogados. She can be contacted at:
smontenegro@lmt.mx
Sadara Montenegro González graduated at the Escuela Libre de Derecho and obtained her Master’s degree in sports law at the Universidad de Lleida (University of Lleida), Spain. Since 2001, she has developed her professional experience in the areas of civil, administrative, labour, criminal, public contracts and bids, consumer protection, and sports law. González is currently labour law professor and specialist at the Instituto Tecnológico y de Estudios Superiores de Monterrey, Santa Fe campus.
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