Intellectual Property and other Legal Implications for Entrepreneurs Associated with 2010 FIFA World Cup&trade

With the FIFA World Cup&trade on our door step, everybody is structuring ways of making money through the tournament, with those in the tourism industry being the highest on the list. B&B and hotel owners have spent millions of Rands upgrading their facilities in order for them to meet FIFA expectations, and those of international tourists in general. Both international and local companies have also spent millions of Rands to become official sponsors of the tournament. FIFA does not only promote fair play on the field, they also do so off the field, by ensuring that they protect their official sponsors against those seeking to get themselves a slice of the rewards. This they say jeopardizes the viability of organizing a privately financed sporting event of the magnitude of the FIFA World Cup&trade which is watched by billions of people across the globe.

 

It is with these reasons that they have several mechanisms in place of enforcing their IP rights against "ambush marketing"and other forms of Intellectual Property infringement including unlawful competition.

 

After the rights to host the 2010 World Cup were awarded to South Africa, FIFA began to devise a legal strategy based on the South African intellectual property protection framework and other statutory hindrances to create barriers against ambush marketers. Well developed intellectual property and competition law plays an important role in the decision to award World Cup hosting rights to bidding countries, since FIFA requires these to provide a level of protection against ambush marking, in order to attract investment from official sponsors. Our legal framework in this regard has been well structured over the years through South Africa hosting events of similar magnitude to the upcoming 2010 World Cup&trade . Read more about action taken against ambush marketers here.

But those measures were only secondary to the main thrust of FIFA's plan of , to apply the provisions of Section 15A of the Merchandise Marks Act, which empowers the Minister for Trade and Industry to designate major sporting events as so-called "protected events." This prevents ambush marketers from, for example, attempting to obtain special promotional benefit from the 2010 World Cup, or be associated with it, without becoming sponsors. In May 2006, the Minister for Trade and Industry declared the event to be a protected one.

FIFA embarked on an extensive trademark registration programme covering trademarks such as South Africa 2010&trade, World Cup 2010&trade and the like. Once the official emblem had been created, it too was widely registered as a trademark as well as a design. To supplement these measures an application was made to the South African Minister for Trade and Industry to declare the principal trademarks associated with the event prohibited from unauthorized use under Section 15 of the Merchandise Marks Act.

But those measures were only secondary to the main thrust of FIFA's plan of , to apply the provisions of Section 15A of the Merchandise Marks Act, which empowers the Minister for Trade and Industry to designate major sporting events as so-called "protected events." This prevents ambush marketers from, for example, attempting to obtain special promotional benefit from the 2010 World Cup, or be associated with it, without becoming sponsors. In May 2006, the Minister for Trade and Industry declared the event to be a protected one.

In view of the large sponsorship fees paid by the tournament's official sponsors, it is vital that FIFA guarantee to them - and deliver - exclusivity of advertising exposure in their respective areas of business. Any damage to the relationship between FIFA and its sponsors by ambush marketers could seriously harm FIFA and jeopardize the staging of future football World Cup tournaments.

A policy governing the distribution of alcohol in public viewing areas was proposed on January 18 this year. According to the "2010 Soccer World Cup Liquor Policy" any "public viewing event" where matches are broadcast to an audience - "general public or otherwise" - will need the special licence to sell alcohol. This special liquor license will set you back by R50 000. The legislation would affect anyone hoping to benefit from the World Cup by attracting people to watch games and drink anywhere "other than a private dwelling". This includes "cinemas, bars, restaurants, stadiums, open spaces, offices, construction sites, oil rigs, water-borne vessels, buses, trains, armed services establishments, educational establishments and hospitals".

See additional FIFA information here .