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28 de fevereiro de 2014

THE WORLD CUP AND THE OLYMPIC GAMES IN BRAZIL: how not to infringe Intellectual Property rights in major sports events

Just like the International Olympic Committee, FIFA publishes before their big events a document establishing the rules of utilization of their brands and other intellectual property assets, as part of the measures of avoid any infringements, acts of unfair competition, passing off and ambush marketing.

This concern is easily justified, mainly when its analyzed the large amounts paid by the official sponsors, partners and suppliers of these events, that invest huge amounts to have their brands exposed on the event. Thus, any misuse of FIFA´s intellectual property (as well as Olympic Committee’s) does not represent a damages only to these entities, but also to those who help fund the event through sponsorship aids, since the share paid by such companies is a  relevant part of the budget to enable each event to take place.

A FIFA has acted quite firmly in this previous stage of the 2014 World Cup, and it has already released the “guidelines” to anyone interested in exploring the World Cup thematic in 2014. With many rules and subtleties, it determines the limits and prohibitions to the utilization of ordinary expressions such as BRAZIL 2014 and WORLD CUP, in addition to regulating the use of its images, slogans and mascots, also taking into account the General Law of the Cup and the national legislation.

Many of the usual forms of commercial exploitation of the World Cup, such as the famous “matches schedules” distributed at commerce, or cultural contests with the World Cup theme, and several others forms of exploitation will have some limitations that must be seriously taken into account both by the official partners of FIFA and by any companies with plans for creating marketing actions or any use of the World Cup as background in 2014.

It is known that FIFA has been preparing strongly to combat any kind of misuse of their intellectual property in any way, by any non-authorized person to do so. The governing body of football is also supported by the vast experience acquired mainly in the last two World Cups, and in constant cooperation with The International Olympic Committee, exchanging know-how and best practices, mostly after the London Olympic Games held in 2012, a case of absolute success in tackling the misuse of brand, unfair competition and ambush marketing.

Our team works actively with this matter and is at your disposal for any queries.

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