World Cup General Law - Intellectual Property And Ambush Marketing

Author:Ms Tatiana Mazzonide Faria
Profession:Felsberg e Associados

During 2013 and 2014, all efforts will be focused upon the staging of the 2013 FIFA Confederations Cup and the 2014 FIFA World Cup in Brazil which, at the time of its application to host the events, guaranteed FIFA special procedures for the organization and staging of these events, currently regulated by Law nr. 12.663, dated 05/06/2012, better known as the "World Cup General Law".

In effect since 06/06/2012, the World Cup General Law regulates various aspects of intellectual property, but mostly the protection of emblems, the competitions' mascots and official symbols. It aims to ensure that the brands are recognized as being highly renowned and well known, guaranteeing FIFA the rights to exclusive use of its trademarks on any products or services both during and after the events.

Another important focus provided by the World Cup General Law is the recognition that FIFA is the exclusive title-holder to all the rights related to the images, sounds and other forms of expression arising from the events, including the exploitation, negotiation, authorization and prohibition of the broadcasts and repeat broadcasts of both events, establishing criminal and civil penalties, including indemnification, for any form of unauthorized broadcast or use.

In expectation of so-called "ambush marketing", a tactic that is being practiced with increasing frequency during large sporting events, the World Cup General Law has established a set of regulations to ensure that unlicensed companies do not take advantage of the grandeur of these events to advertize and associate their brands, products or...

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