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Showing posts with label Rio Games 2016. Show all posts
Showing posts with label Rio Games 2016. Show all posts

Sunday, 22 November 2009

José Carlos Vaz e Dias

Brazil Signs Agreement with England and Seeks Knowledge for the 2016 Olympic Games: Will the Existing Technology Transfer Framework Permit it?

The visit of the Brazilian President Luis Ignacio Lula da Silva to Mr. Gordon Brown on November 4, 2009 at 10 Downing Street had the clear purpose of securing assistance and technology transfer for the organization of the 2016 Olympic Games in Rio de Janeiro.

Besides meeting the British Olympics Minister Tessa Jowell, a Cooperation Agreement was signed on the same day. This Agreement will allow the Brazilian Organizing Committee for the 2016 Olympic Games to have access to the experience and knowledge gathered by the British Olympic Organizers for 2012. The Brazilians are keen to learn about the impact of the Games to the environment and to the population. Therefore, the document aims to make possible the exchange of information between the countries and continuous visiting programs.

Further to that, the Brazilian government is very much interested in the effects and results of the British Act 1995 (OSPA) that protects the Olympic and Paralympic symbols, mottos and various works and the London Olympic Games and Paralympic Games Act 2006, as they have been recognized by the British government as indispensable instruments for funding the games.

The way ambush marketing will be dealt with in practical terms by the British is also a matter of great interest to the Brazilians, as the practice of false representation or any association, affiliation or similar relationship with the sports event has not been previously known locally.

Many people wonder whether this Cooperation Agreement and further conveyance of knowledge from British companies will really work out due to the existing technology transfer framework in Brazil. Limitations on foreign exchange controls, taxations, government approvals and difficulties in obtaining working visa permits still persist and are yet to be phased out due to the opening of the economy in the last 20 years and the good momentum Brazil lives.

Believe or not, such rules were implemented back in 1975 when Brazil was thriving for deeper industrialization and lived under a dictatorial government.

It seems nevertheless that technology transfer limitations will not apply to the organization of the 2016 Olympics, at least this is thought of IP scholars as Articles 2 and 3 of the Brazilian Olympic Act provide special treatment for foreign professionals coming to Brazil for the organization, planning and implementation of the Games.

Maybe the 2016 Olympic Games is a good opportunity for the Brazilian government to get rid of such outdated legislation to technology transfer. Who knows? This may be a clear skeptical answer to those who know that the main characteristic of the Brazilian government is the persisting life of the old despite the prevailing new ideas in economy and politics.
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Monday, 2 November 2009

Jeremy

Rio 2016: IOC, Brazil have preliminary parley

Sify News reports that the International Olympic Committee and the Brazilian authorities have held a two-day meeting in order to draw up a formal action plan for the 2016 Olympic Games. Brazil was represented by Sports Minister Orlando Silva, Rio de Janeiro's Governor Sergio Cabral and Mayor Eduardo Paes, as well as the head of the Rio 2016 host committee Carlos Arthur Nuzman.

Elsewhere, in USA Today, Governor Cabral is reported as saying that Rio will put up to 40,000 extra police on the streets during the Games. While this move is seen as a precaution against drug-related and security incidents, it may also indirectly dampen enthusiasm for speculative ambush marketing efforts.
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Tuesday, 20 October 2009

Jeremy

Rio 2016: first English translation of the new law

Last Tuesday IP Tango thanked Jorge Miguel Arruda da Veiga (Di Blasi, Parente, Vaz e Dias & Asociados) for providing the weblog with a link to Brazilian Law no 12035/2009, which sets outs the provisions of the Olympic Act (see article here). This week Jorge has gone even further and has now provided us with what we believe to be the first translation of the new provisions into English.

You can read the text of the English translation in full here.
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Monday, 19 October 2009

Jeremy

Rio 2016: broadcasting rights were sold months ago

According to the official Rio 2016 website, it was as long ago as 27 August that the International Olympic Committee (IOC) awarded the broadcast rights for the 2014 (Winter Olympics) and the 2016 Games to a consortium of three prominent media organizations in Brazil led by TV Globo. The agreement, valued at over US$210 million [US$170 million rights fee and a further US$40 million minimum promotional media package commitment] is "said to have established a new benchmark in rights valuation and confirms the robust and diverse nature of the Brazilian economy while also making Brazil the third largest broadcast market for the IOC". The website adds:
"The IOC tendered the broadest media rights package ever offered to the Brazilian market combining broadcast – both free and pay – broadband, internet and mobile. The combination of offers from Globo, who won the main tender, and Bandeirantes and Record led to a 12-fold increase in rights fees for the Brazilian market since 2008 – a validation of the strength of the Brazilian advertising and sponsorship market. In addition, the proposals from the broadcasters will mean a quantum jump in coverage and broadcast hours for the Olympic Movement in Brazil, a testament to the widespread enthusiasm felt across the nation for the Games".
Are the sums in question too high? The consortium which has secured the rights must have done its homework in terms of calculating likely licensing and advertising income, but the big unknown is the extent to which the technology in 2014-2016 will enable the bidders to control their rights.
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Friday, 16 October 2009

Jeremy

Rio 2016: Wikipedia as a source

There's a lengthy entry on Wikipedia on Rio de Janeiro's successful bid to secure the 2016 Olympic Games. It's well researched, with over 200 links to source documents, and current up to and including Wednesday 14 October.

As yet, there's little of specific interest to IP owners and their legal advisors, but I suspect that this will change as details of specific sponsorship details, broadcasting and transmission arrangements etc become known. There's also a separate non-Rio-specific Wikipedia entry here that covers the Olympic and Paralympic symbols.

Readers of IP Tango may wish to consult these resources and indeed contribute to them.
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Thursday, 15 October 2009

Jeremy

Rio 2016 -- who will pay, and how?

In a piece for the IAM Blog entitled "Pharma companies may well end up subsidising Rio 2016" Joff Wild, the respected editor of Intellectual Asset Management magazine writes:
"I would not be surprised if the parties are still going strong in Brazil following the decision to give the 2016 Olympic Games to Rio de Janeiro. ...

As with all Olympics, of course, the question now is how will it all be paid for. The next games will take place in IAM's home town, London. The original budget for these was set at £9.3 billion or around $15 billion. It now seems pretty clear we are going to end up paying a lot more. It will not be a surprise if the same thing happens to Rio. It seems to be a usual occurrence whoever the host happens to be.

But even if Rio does defy the odds and sticks to budget, the extra money to hold the games is still going to have to be found from somewhere. And one place the Brazilians have always looked to reduce costs in the past is in their dealings with the research-based pharmaceutical industry. It may be the world's eighth largest economy, but Brazil still sees itself very much as a developing country. As a result, it does not believe it should pay top dollar for its medicines. In fact, the country believes it should not pay very much at all.

Interestingly, Brazil currently imports $8 billion worth of drugs and medicines a year -- which is about half the cost of a London Olympics give or take a billion or so. My guess is that even if they are not sponsoring events in Rio in 2016, pharma companies may well find that they make a significant contribution to their success as Brazil seeks to find compulsory licensing savings in order to finance building and other infrastructure projects".
Will this prediction come true? And what will it mean both for the financing of the Olympic Games and for the pharma industry? At this stage it is too early to speculate, but I image that by 2016 the cost of pharma products to Brazil and all the rest of the world's actually and self-designated developing countries will be far lower than it is now, on account of (i) the continued growth of the generic sector, (ii) the increased success of the anti-patent lobby in branding pharma patents as 'toxic' and (iii) the reluctant acceptance by proprietary pharma that, outside North America, the EU, Japan and a few other ringfenced markets, it will make no worthwhile profits at all. Accordingly, the savings to the Brazilian government through compulsory licensing might be in real terms a lot less than the sort of figures we're looking at now.

There are two further points to consider. The first is that money saved on Brazil's health budget is unlikely to flow effortlessly into the coffers that support the Olympic Games project, since -- whatever the degree of prestige accorded to Rio 2016, the Brazilian government has many other demands on its cash. Secondly, a prudent Brazilian treasury will be slow to pay public money towards an event that attracts private sector investment as strongly as the Olympics do without first looking carefully to see how much of the necessary funding does indeed come from private sector sources.
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Tuesday, 13 October 2009

Jeremy

Rio 2016: here's the original text of the Olympic Act

Here, thanks to Jorge Miguel Arruda da Veiga (Di Blasi, Parente, Vaz e Dias & Asociados) is a link to the new Brazilian Law no 12035/2009, which sets outs the provisions of the Olympic Act.

At present this law is only available in Portuguese. However, since most of readers of the IP Tango weblog are not familiar with that language, Jorge has kindly offered to translate it and provide this blog with an English version next week.
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Thursday, 8 October 2009

Jeremy

Rio 2016, the great triumph ... and ambush marketing

A giant party broke out in the streets of Rio de Janeiro last Friday when the International Olympic Committee announced that the city of Rio de Janeiro had been chosen to host the 2016 Olympics and Paralympics Games. This historic decision was viewed by the people and the authorities as a conquest, since the Olympic Games will be hosted for the first time in South American, and because the other competitors (Chicago, Madrid and Tokyo) were very strong. Nevertheless, Rio de Janeiro’s victory left no doubts as it took 66 votes in favour against 32 for Madrid in the final round of voting.

The contagious atmosphere of the victory seems to have already overcome the limits of the law and fair competition, at least to the eyes of the IP experts since, the following day, besides praising for Rio de Janeiro’s success a great number of Brazilian and foreign companies took the opportunity to advertise their products and services in local newspapers in connection with the big event yet to come. Other companies, however, praised the victory of Rio de Janeiro in connection with their main products or services.

Such advertisements may be qualified as typical ambush marketing practices and association with the Olympic marks, and evidence that the Olympic authorities will have tough work ahead to tame the enthusiasm of the population and the hunger of the local and foreign companies, as free riders will surely attempt to profit from the biggest sport events ever held in this country.

Further to that, ambush marketing is still a recent phenomenon in Brazil, especially for the local courts, which will sure demand new rules, education, tenacity and patience to stop the ongoing practices.

Prepared by José Carlos Vaz e Dias (Di Blasi Parente Vaz e Dias e Asociados), posted by Jeremy
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Jeremy

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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