Brazilus 2023 years 6 The promulgation of the No 14597/2023 Number law——Commonly referred to as "General sports law" (General Sports Law) ——This marks an important milestone in the protection of sports and the intellectual property rights derived from them in the country. The law aims to consolidate all legislation relating to the practice of sport in Brazil, And develop important mechanisms for protecting commercial and intellectual property-related assets, For example, the athletes' right to publicity and performance, Game broadcast rights (Also known as "Venue access" ) , Advertising and commercial rights of sponsors and organizers of sporting events, trademarks and other marks of sporting organizations, etc.

Athletes portrait right

"General sports law" New rules have been introduced on the commercial use of athletes' publicity rights by sports organizations, Such as, The maximum parameters of such rights relative to compensation under employment contracts are specified——The compensation for the right of disclosure shall not exceed the total employment contract 50%. The law also sets out acceptable ways for sports organizations to use athletes' personality rights during the duration of the contractual relationship, For example, in the organization's official communication channels (Social media, WEBSITE, Magazines and agency videos) And used in promotional campaigns for sports teams.

Broadcasting right ( "Venue access" )

Broadcasting rights relating to sports events, "General sports law" Restated the rule 9615/1998 Number law (namely "Bailey method" ) In the long established content, That is, the right to utilize and commercialize the broadcast of sports events is conferred on the host organization sports entity. The organization owns negotiations, Authorizes or prohibits capture in any manner or procedure, immobilization, send, transmit, The exclusive right to rebroadcast and reproduce images of the sporting events in which it participates.

Advertising and commercial rights

The new law is innovative in that it will "Ambush marketing" Act as a criminal offence. now, The law would "Ambush marketing" Defined as for economic or advertising purposes, Promoting a brand without authorization, Product or service, Link it to logos owned by sports organizations, And cause consumers to mistake these brands, Products or services are approved by any sporting organization participating in the event, Authorization or approval ( "Associated ambush marketing" ) ; Or without authorization, Expose or promote a brand in the location of a sporting event in any way that will attract public attention, firm, institution, Product or service ( "Invasive ambush marketing" ) .

in "General sports law" Before promulgation, There are no specific legal provisions to define or regulate ambush marketing behavior. Sports organizations have been based in Brazil "Industrial property law" The anti-unfair competition provisions in China crack down on such practices, but "General sports law" Explicitly criminalize such behavior, For sports entities, The commercial rights of event organizers and sponsors provide stronger protection.

Combat counterfeiting

According to Brazil "Industrial property law" (The first 9279/1996 Number law) Regulation of, copy, Copying and tampering with any sign with visual features, Commercializing it and keeping it in stock are both crimes. "General sports law" It provides a more powerful legal means to combat the counterfeiting of intellectual property rights in the sports industry, Because it imposes harsher criminal penalties for such acts for commercial or advertising purposes.

In addition, "General sports law" right "mascot" "motto" "National anthem" And any other logo owned by the sports organization, Adapting the relevant provisions to the sporting context and broadening the scope of the types of offences referred to.

new "General sports law" This is an important milestone in sports regulation in Brazil, To protect intellectual property rights, Athlete personality rights and the fight against illegal practices such as ambush marketing and brand piracy have introduced important tools. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Rason group



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