BRAND PROTECTION
Protecting the rights of big-name sponsors of events such as the upcoming Olympic Games in Rio is a vital task for the organisers, and the legal framework is already in place. Rafael Lacaz Amaral of Kasznar Leonardos Intellectual Property reports.
M eff ective
ajor sporting events in Brazil—the 2013 FIFA Confederations Cup and the 2014 FIFA World Cup—
and the upcoming Summer Olympic and Paralympic Games, both to be held in Rio de Janeiro in 2016, have attracted the attention of big economic players for the great business opportunities involved. T ese tournaments are some of the most international marketing platforms reaching billions
available in the world,
of people in more than 200 countries and territories. In fact, according to recent press reports, the previous FIFA World Cup generated around $6 billion in revenue and experts believe that the upcoming Summer Olympics and Paralympic Games will generate nearly $10 billion for their organisers. Given that
a signifi cant part of the
investments comes from commercial partnerships, which vary in scope—therefore entitling companies to diff erent marketing
Rules of the Games
rights, categories of exclusivity and use of designated symbols and trademarks—it becomes crystal clear that protecting these rights is a vital task for the organisers. Otherwise, the performance of these sporting events would be at serious risk. In order to ensure their resounding success,
organisers must therefore promote and deal with an extensive mesh of laws to guarantee eff ective means needed to protect their rights and interests as well as those of their economic partners.
Net of protection So, in relation to industrial and intellectual property rights, in 2012 the Brazilian congress enacted the so-called World Cup Act (law no. 12,663/12). Among its provisions, FIFA’s trademarks and symbols were recognised as highly-reputed signs and were protected in all fi elds of activity until December 31, 2014. Moreover, trade-restricted zones were
90 World Intellectual Property Review Annual 2015 World Intellectual Property Review November/December 2014
established around the offi cial stadiums in the 12 host cities to ensure the exclusive use and advertisement of the organisers’ and partners’ brands. Finally, the act also established enforcement provisions against ambush marketing, both by intrusion and association, and trademark infringement during the event. T e legal provisions in the law were very
helpful before, during and aſt er the 2014 FIFA World Cup, enabling organisers to adopt measures against companies and individuals that tried to take an illegal free ride on the sporting event, which included not only Brazilian companies, but many
foreigners
as well. Many Brazilian and foreign companies
were asked to discontinue the use of FIFA’s trademarks and symbols, and many others were ordered to refrain from wrongly associating their brands and corporate images with the event and giving the public the false impression that they were offi cial sponsors of it.
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