Alongside this, tickets to the Games should NOT be used as part of any promotion, whether or not you use any protected words or logos as this is restricted by the ticket terms and conditions. “ win a trip to the Olympics”) will not be exempt. However, use in advertising more prominently, or as part of a promotion or competition (e.g. For example, a travel company offering holidays in Brazil may, in a brochure about Rio, mention editorially that the city is hosting the Olympic Games in August 2016. Some use of the above words in a factual manner which does not suggest an association with the Games may be permitted. The Paralympic equivalents to the above are also protected in a similar fashion. The words: “ Olympic”, “ Olympian”, “ Olympiad” (and anything similar, e.g.The Olympic motto: Faster, higher, stronger (or “ citius, altius, fortius”).“ RIO 2016” and the Rio 2016 emblems and mascots.The result of all these legal rights is that key properties, including the following, should generally not be used in advertising without permission: In the UK the Olympic Symbol etc (Protection) Act 1995 (“OSPA”) also provides special protection for various associated words, as well as the Olympic symbol and motto. Trade mark registrations and copyright laws afford protection to all manner of Olympic-related logos, artwork, designs, footage and images. However, it’s important to remember that there are also restrictions on the use of various words and logos which relate to the Games - whether or not an athlete is featured. Rule 40 has been the focus of much of the recent debate on sponsorship and advertising around the Olympics. Most importantly, how Olympic logos and terminology can (and can’t) be used, ambush marketing, and how to navigate Rule 40 of the Olympic Charter - which governs campaigns featuring Olympic athletes. But Olympic fever is nearly upon us again and, this time, Brazilian style! Before you slip on your Havaianas and get into the carnival mood there are some key things that marketers looking to make the most of the Olympic buzz need to be aware of. It seems only yesterday that London was welcoming the world, getting into the Olympic spirit, and singing the national anthem on an unusually frequent basis (29 times in two weeks in fact). Incredibly, it’s now only a few months until Rio 2016. In those cases the assumption has to be that rule 40 will be enforced strictly. The guidelines issued by some NOCs is not however consistent with the UK position, and other key countries, for example Japan (hosts of the 2020 Olympics), have not yet issued any guidance. Express waivers may also be granted for some above-the-line long-running campaigns where the athlete is featured as a 'famous face', and not in a sporting context. Here, members of Team GB will still have to honour the rule in the majority of circumstances but deemed consents will allow some continued use by sponsors of certain longstanding below-the-line references to an athlete, for example on a sponsor's website or in catalogues. My note below ( originally published in December 2016 1) explains in detail the position being taken in the UK by the British Olympic Association. Essentially, National Olympic Committees are now permitted to take a country-by-country approach, with more flexibility to permit some advertising featuring athletes, provided that “Olympic themed” advertising remains banned. The International Olympic Committee ("IOC") has since reflected on this and is taking a new position for Rio 2016. In 2012 athletes began a protest claiming that the rule is too restrictive and unfairly prevents their long-term sponsors from getting any credit at this key time. “ Rule 40” is the somewhat controversial rule of the Olympic Charter which prevents athletes who are competing in the Games from allowing their name, image or sporting performance to be used in advertising during a ‘blackout period’ (just before and during the Games) without the permission of the IOC.
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