Brazilian House of Representatives Approves “General Law of the World Cup” (Bill No. 2.330/2011)
The "General Law of the World Cup," among other measures, provides special protection and regulates many aspects of intellectual property related to these events.
By this law, the Brazilian PTO (hereinafter BPTO) will recognize the highly renowned trademark status of the official symbols of FIFA, such as the FIFA badge, the emblems and official mascots of the FIFA 2013 Confederation Cup and the FIFA 2014 World Cup, as well as other FIFA official symbols that will be included on a list that will be filed with the BPTO and can be updated at any time.
The BPTO will register the well-known trademarks owned by FIFA for special protection under article 126 of the Brazilian Industrial Property Law (law no. 9279/1996), according to the list to be provided and updated by FIFA.
The registration of highly renowned trademarks owned by FIFA will remain in effect until December 31, 2014, without prejudice to any registrations made prior to the publication of this law.
The BPTO will have the obligation to notify the Brazilian office responsible for registering domain names of the highly renowned trademarks owned by FIFA, so this office can reject sua sponte any domain name that uses expressions identical or similar to FIFA’s trademarks.
The law also mandates special procedures for applications for trademark registration submitted by FIFA, or related to FIFA, until December 31, 2014, which, in brief, require that:
- Applications for trademark registration must be published within sixty days of submission;
- Starting thirty days after publication, sua sponte or at the request of FIFA, the BPTO shall reject any application for trademark registration filed by a third party that is reproduction or imitation, in whole or in part, of the official symbols, or that may cause confusion or association;
- Oppositions to applications for trademark registration must be submitted within sixty days of publication. The applicant shall be notified and may submit his defense within thirty days. After the deadline for opposition or defense, the BPTO shall decide within thirty days, and its decision shall be published within thirty days after delivery of the decision;
- During the course of the examination procedure, the BPTO may one time only issue requirements for the parties to fulfill within ten days, during which the period of the examination shall be suspended;
- The decision rejecting an application may be appealed to the President of the BPTO within fifteen days from the date of its publication. Interested parties will be notified that they may present their arguments on the appeal within fifteen days. The President of the BPTO shall decide the appeal within twenty days.
The abovementioned special procedure will apply also to applications for trademark registration submitted by FIFA and pending examination in the BPTO, as well as those submitted by third parties before December 31, 2014, when the trademarks applied for may cause confusion or unauthorized association with FIFA and its official symbols or events.
The law states that the special procedure described above should be applied exclusively to FIFA, FIFA subsidiaries in Brazil, LOC (the Brazilian Organizing Committee for the FIFA World Cup 2014), and CBF (the Brazilian Football Confederation).
By this law, FIFA will be excused from paying any fees to the BPTO for proceedings before December 31, 2014.
Regarding the rights related to capturing images or sounds, broadcasting, and access to official competition locations, the General Law of the World Cup provides that FIFA is the exclusive holder of these rights, and has the right to exploit, negotiate, authorize, and forbid transmissions or retransmissions. Thus, the transmission or retransmission of FIFA events by any means of communication requires the written consent of FIFA, under penalty of civil liability.
Concerning images of key moments, FIFA shall be required to make them available to the media interested in their retransmission. However, the following cumulative conditions must be observed:
- their retransmission may only be included in news programs, always with an informative purpose, and their association with any form of sponsorship, promotion, advertising, or marketing activities is forbidden;
- the images may not be shown for more than thirty seconds for any public event to which access is controlled by FIFA, except the matches, for which the limit shall be three percent of the length of the match;
- at least seventy-two hours before an event, the media interested in showing the images shall send to FIFA, or to the person appointed by it, their written intent to have access to the content of those key moment images; and
- the retransmission shall occur only on stations located in Brazil.
This Law focuses on ambush marketing and makes it a crime to reproduce, imitate, or falsify any official symbols held by FIFA, as well as to import, export, sell, offer, distribute, expose for sale, hide, or keep in stock, without specific permission, the official symbols or products resulting from the reproduction, modification, or unauthorized tampering with official symbols for commercial or advertising purposes.
Also, the crime of ambush marketing by association is committed by anyone who, without FIFA’s permission, publicizes brands, products, or services, in order to obtain economic or advertising advantage through direct or indirect association with official events or symbols. It is also forbidden to use tickets, invitations, or any kind of access authorization in advertising or commercial activities.
Under the General Law of the World Cup, the crime of ambush marketing by intrusion is committed by anyone who displays brands, businesses, establishments, products, or services or performs promotional activity not authorized by FIFA or by any person authorized by it, in any way attracting public attention at official event locations, in order to obtain economic or advertising advantage.
On the other hand, the civil law holds liable anyone who promotes, without FIFA’s prior written consent, advertising activities (such as offering food or beverage samples, or distributing flyers or other promotional material) in match venues, on their main access roads, or in places that are clearly visible from them.
The General Law of the World Cup also prohibits marketing campaigns using automotive vehicles, parked at or circling the official locations of the games, or on their main access roads or places that are clearly visible from them. This also includes aerial and boat-borne advertising, including advertising carried by balloons, aircraft, or ships.
It is not allowed to promote public exhibition of the matches by any medium, in public or in private with public access, when the promotion is coupled with the commercial promotion of products, brands, or services, or where admission is charged.
This Law forbids the unauthorized sale, solicitation, or use of tickets, invitations, or credentials for the events for purposes of advertising or promotion, or to give them as gifts or awards in contests.
Finally, with regard to civil liability, the law states that the award of damages shall be calculated to cover any damages suffered by the aggrieved party, including lost profits and compensation for any advantage obtained by the transgressor.
The bill will now go to the Senate. If approved without amendments it will be subject to presidential veto, but if the president approves it, then it shall become effective on the date of its publication.
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