And this is where the "flaming torch breakfast baguette" came unstuck. As you can see, it is very easy to stray into infringing the London Olympic Association Right as the rights are very wide. In order to assist businesses, LOCOG has published detailed guidelines which explain how LOCOG interprets the association right and give examples of advertising or marketing activity which, in their view, may infringe their rights.
It is well worth a read — Click here to download a pdf. Overall, businesses would be wise to familiarise themselves with these rules in the run-up to the games. The restrictions on advertising and marketing are very extensive and, as we have already seen in the case of the flaming torch baguette, LOCOG will be quick to snuff out any infringing activity.
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Third-Party cookies are set by our partners and help us to improve your experience of the website. Similarly, if you are planning an international campaign, general anti-ambush or unfair competition laws may prevent this sort of generic association.
London created many sporting stars, and their golden credentials will doubtless be a target for marketers in the build-up to Rio New stars will also emerge, and businesses investing in them now, before the Games, could be the real winners.
A brand will of course, in virtually every situation, need the permission of an athlete before referring to them or using their image in an advertisement or promotion.
However, even if the brand sponsors an athlete or has specific permission, Rule 40 needs to be considered. Essentially, Rule 40 prohibits athletes and others who are accredited for the Games from agreeing to appear in all forms of advertising during, and for a short period before, the Games, without permission of the International Olympic Committee IOC.
The rule originates from the amateur origins of the Games but has been retained, partly, to protect the sponsors. As such, the value of an Olympic sponsorship is mainly gained through association with the Games in advertising. These guidelines include provisions relating to deemed consent and express waivers see table below. For international campaigns, the guidance of the NOCs in other countries will also need to be considered.
Generally, waivers will only be granted for:. The BOA may grant an express waiver for international athletes featuring in UK advertising, subject to the athlete also getting a waiver from their own NOC.
The deadline for requesting a waiver from the BOA is 27 January Apply to: This email address is being protected from spambots. You need JavaScript enabled to view it. For example, deemed consent will never apply to an advert which is deemed to create an association with the Games e. Some examples of the types of materials which will benefit from deemed consent provided the general rules are respected , are set out below.
Corporate websites and social media platforms — sponsorship pages and archived news items. Permits references to the athlete including use of images in product catalogues or corporate brochures hard copy and online. Reference must not appear on the front or back page, except for sports clothing or equipment, and must not be distributed by email or post during the Games Period.
Permits references to the athlete including use of images in in-store posters and displays including window displays within sports retail shops and sports sections of department stores. Rule 40 applies to the athlete or coach, official etc , not to the advertiser.
As such, legal sanctions cannot be asserted against the advertiser under Rule Wasted costs and negative PR are therefore the big risks for a brand. Turning to four key markets, it's interesting to assess the differences in approach. In Brazil, the host nation for this year's Games, it seems that Rule 40 will be enforced strictly.
To date the local NOC has given no indication that the Rule will be relaxed. According to Gustavo Piva de Andrade of Dannemann Siemsen, the Brazilian NOC has, to the contrary, been including an express reference to Rule 40 in the contracts that athletes are obliged to sign for participating in the Olympics.
Further, the Brazilian NOC has made clear in public statements that they consider Rule 40 an important weapon to prevent the unauthorized commercial association of non-sponsoring companies with the event.
For example, by January 27, marketers must submit a brief overview of the campaign, key messaging from the campaign, examples of the advertising tactics to be used, the start and end dates for the campaign, and a media schedule showing that the campaign will launch by March 27 and run continuously through the Games period. Following on from this provision it is therefore conceivable that many ambush marketing acts previously unable to be stopped will be caught by the act so long as certain members of the public feel that there is a direct association with the Olympic games.
It will, however, be up to the courts to decide whether this is the case on an individual case by case basis. When the Bill was first passed there was a proposal for a presumption of infringement when the prescribed words were used in combination as stated above.
Also the burden of proof was on the person who used the words to show that no association with the London Olympics would be likely to be created in the mind of the general public. Now the act has been passed without an automatic presumption that there is an infringement when the words are used in that combination and now the use of the words will be assessed by the court as to whether any infringement has indeed taken place. This does not mean that the courts are likely to find in favour of the individual using the words as they will still frown heavily upon any commercial entity which is attempting to take advantage of the publicity and commercial opportunities surrounding the games for its own commercial gain.
This list of protected words and expressions is not complete and can be amended by the Government. The Government must, however, consult with the advertising industry prior to adding, removing or varying the list of protective words and expressions. The London Olympic Games and Paralympic Games Act includes a defence when the designated phrases or words are used in publishing and or broadcasting a report of a sporting event which forms or is part of the provision of information about the games.
Consequently if a particular broadcast, by the BBC for example, is advertised then the designated phrases may also be used in this kind of advertisement.
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