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Law on the 2016 Olympic and Paralympic Games is published

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5/16/2016 12:00 AM Demarest News

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Law on the 2016 Olympic and Paralympic Games is published

Law no. 13,284/2016, published on May 11, 2016, establishes the general rules that shall be followed during Rio de Janeiro's 2016 Olympic and Paralympic Games.

The new Law is quite similar to the General World Cup Law and is very strict in regard to issues related to intellectual property, namely it: (i) increases the definition of "official symbols", "official events" and "official locations"; (ii) indicates the marks registered in the name of the entities organizing the event; (iii) reinforces the special protection they will enjoy, even if on a temporary basis, at the Brazilian Trademark and Patent Office (BPTO), including with imposition of applicable penalties; (iv) establishes that the organizing entities' marks will have the status of well-known trademarks and will be subject to a differentiated and more expedite procedure at the BPTO; and (v) indicates that the BPTO will have a thirty (30)-day term to, "upon notice", inform the Brazilian Network Information Center (NIC.br) of the trademarks enjoying such temporary protection in the name of the entities organizing the event, for purposes of rejection, by its own motion, of applications for registration of domain names filed by third parties using expressions or terms identical or similar to the marks."

Further to these issues, it is also important to highlight that as in the General World Cup Law, there was a concern over a categorization of conducts of ambush marketing by association and by intrusion, as follows:

"Art. 19 – Ambush marketing by association: to advertise marks, products or services with the purpose of obtaining an academic or advertising advantage, by means of direct or indirect association with the Games, without authorization from the organizing entities or the person designated by them, thereby inducing third parties to believe that such marks, products or services were approved, authorized or endorsed by such organizing entities. Penalty – Three (3) months' to one (1) year's imprisonment or fine. The same penalty is imposed on anyone who, without authorization from the organizing entity or the person designated by them associates the use of tickets, invitations or any kind of authorization for access to the official events to conduct advertising actions or commercial activities with the purpose of obtaining an economic or advertising advantage."

"Art. 20 – Ambush marketing by intrusion: to expose marks, business, establishments, products, services, or conduct any promotional activity without authorization from the organizing entities or the person designated by them, and in any manner attract public attention at the official locations with the purpose of obtaining an economic or advertising advantage. Penalty – Three (3) months' to one (1) year's imprisonment or fine.


Another important aspect is that despite the indication that the organizing entities will have interest in the locations surrounding the official locations of the events to, "with exclusivity, advertise their marks, distribute, sell, give publicity to, or advertise, products and services, and conduct other promotional activities or street vending at the official locations and areas delimited by the competent district or municipal authority", there is not an accurate delimitation of this space, provided, however, that it "shall not affect the regular activity of the establishments in operation and, further, provided that they operate without any form of association with the Games."

it is worth reminding that, further to the new Law, other normative instruments also address the matter, such as: the Pelé Law (Law 9,615, of March 24, 1998), the Nairobi Treaty (enacted by Decree 90,129, of August 30, 1984), the Olympic Act (Law 12,035/2009), the Olympic Letter, the Industrial Property Law (Law 9,279, of May 14, 1996), and others.

The combination of these legal instruments leads to the belief that, in view of the clean arena policy, common to all Olympic Games, the organizing entities will be able to engage in a more extensive and effective combat against any third parties' abuses and infringements of rights over their and their sponsors' and supporters' marks and rights, especially during the "game time" period, in which their own right becomes limited.

The full text of the Law can be obtained at:

http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2016/Lei/L13284.htm

Demarest Advogados


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