Thursday, 8 October 2009

Brazil passes its Olympic Act

On 1 October, one day before Rio de Janeiro was chosen to host the 2016 Olympic and Paralympic Games, the Brazilian Federal Government enacted law no 12.035/09, which instituted the Olympic Act. This law became effective on 2 October and will remain in force until 31 December 2016.

According to this Law the Federal Authorities, such as the Federal Revenue and Federal Police, are empowered to oversee, control and restrain third-party unlawful use of the “symbols related with Jogos Rio 2016” (Rio Games 2016), whether for commercial or non commercial purposes.

Protection of Symbols Related with Rio Games 2016

For the purposes of this law, “symbols related with Rio Games 2016” comprise the mottos, hymns, flags, emblems, marks, words (in any language), abbreviations, mascots and torches of the International Olympic Committee (IOC), Rio Games 2016 Organizing Committee and those related to the Rio 2016 Olympic and Paralympic Games.

Prohibition of Ambush Marketing Practices

Another issue also addressed by the Olympic Act was the practice of ambush marketing, a matter closely related with the Olympic Games. Article 7 prohibits the use of words or expressions so similar to the “symbols related to Jogos Rio 2016” that are likely to create an undue association with any product or service, company, business relationship, or event with the Rio Games 2016 or the Olympic movement.

Suspension of Advertising Agreements

The Olympic Act also determines the possibility of suspending Advertising Contracts in force during the period of 5 July to 26 September 2016, for advertisement spaces at airports or in any territorial area controlled by the federal authorities that may be of the interest of Rio Games 2016. Such suspension depends upon the request of Rio Games 2016 Organizing Committee, provided that it is duly grounded and with a 180 days prior notice.

The Rio Games 2016 Organizing Committee will also have the exclusive option to use such advertisement spaces in 2016, according to the price generally practised in 2008, subject to an interest rate indexation, avoiding inflation or the raise of prices due to the upcoming event. This option may also be transferred to any sponsor or official collaborator of the International Olympic Committee (IOC) or Rio Games 2016 Organizing Committee.

Prepared by Jorge Miguel Arruda da Veiga (Di Blasi Parente Vaz e Dias e Asociados) and posted by Jeremy

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