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Exploitation and use of brands at World Cup events

Redação 15:51 - 12 De Dezembro De 2022 The first step to be taken is to define the model that the venue will apply Hosting a World Cup is a premium moment in the events sector, both in Brazil and abroad. For the event in Qatar, between November 20 and December 18, there is unusual excitement and expectations. After all, it will be the first super-event in which millions of people will be able to socialize indoors, at the same time and in all the country's cities, without any health restrictions, at least significant ones. As a result, the events sector, bars and restaurants are already planning and organizing their spaces to welcome fans, broadcast the games and promote their products. However, the possibility of exploiting the broadcasting of World Cup matches to attract an audience has rules that need to be met very well if establishments are to avoid notifications, lawsuits and legal costs. This is because actions involving the broadcasting of World Cup matches require consents and licenses from FIFA. The first step to be taken is to define the model that the venue will apply: Commercial Public Viewing Event or a Non-Commercial Public Viewing Event. The Commercial Event will be characterized by charging a direct or indirect admission fee to enter the venue, or when it is backed by sponsorship or other commercial rights of association exploited. In short, a Commercial Public Viewing Event will be considered such when there is a commercial benefit (e.g. a ticket charge). Public Viewing Events in commercial establishments such as bars and restaurants are considered Non-Commercial Events, as long as the broadcasting of the matches is within the normal course of business and no additional commercial activity takes place, such as the charging of entrance fees or sponsorships involved. Therefore, anyone who intends to organize an event where the consumer will pay admission and/or has sponsorship shares must apply for a Commercial Public Viewing Event License from FIFA, which must authorize and collect the value of this license. It is of the utmost importance, even if the License is granted, that the use of the signal of the broadcaster(s) holding the right to broadcast the World Cup is respected. In addition, several obligations must be respected by the companies that carry out the commercial broadcast, such as the coverage, which must only be live through a clean reproduction, in its entirety, without any edits, and cannot have any link to a related political event, party or candidate. It is essential to comply with the legal prohibition on the use of competition symbols and trademarks such as the emblem, title and official logos of the Qatar 2022 World Cup, including the mascot and trophy. In this way, all the copyright and intellectual property rights that remain relating to the World Cup, associated with the Competition Marks, are the exclusive property of Fifa and protected by law. The only exception to this provision would be the use of the title of the World Cup, which is "Fifa World Cup Qatar 2022 T", as long as it is not connected to shopping malls, sports retail stores, hotels, breweries, restaurant chains, airports and cinemas/theaters, under penalty of Fifa considering a prohibited association created by the use, which may be editorial or not. The title of the event, in addition to the related location requirements, may also only be used in standard font for the sole editorial purpose of informing the public of other details such as the timetable of a Public Viewing Event provided. In this sense, according to article 31 of the Code of Advertising Self-Regulation (CBAP), undue and illegitimate advertising profits arising from "hitchhiking" or "ambush", through the use of any artifice or without a legal basis based on a regular contract concluded between legitimate parties to the rights involved, are condemned. Unfortunately, many organizers are still unaware of the rules regarding the use of brands in actions involving the World Cup and fail to apply for and obtain authorization from FIFA in the correct manner, which can result in heavy losses not only for them but also for any sponsors involved. Mariana Valverde and Ingrid Diniz, respectively partner and member of Moreau Valverde Advogados.