"MAD 4 IP" - MAD FOR IP, MADE FOR IP
Hi IP MADs,
History
The Olympic Games are considered to be the
world's foremost sports competition and more than 200 nations participate. The
Games are currently held biennially, with summer and Winter
Olympic Games alternating,
meaning they occur every four years within their respective seasonal games.
Originally, the ancient
Olympic Games were held in Olympia, Greece, from the 8th century BC to the 4th
century AD. Baron Pierre
de Coubertin founded the International Olympic Committee (IOC) in 1894. The IOC has since become the governing body of
the Olympic Movement, whose structure and actions are defined
by the Olympic
Charter.[i]
Intellectual
Property
In the recent edition of WIPO Magazine IP article entitled “The Olympic
Properties” (By Marianne Chappuis, Trademark Legal Counsel, International
Olympic Committee) explored how the International Olympic Committee
(IOC) protects the visual symbols of the Olympic Games, the so-called Olympic
properties that are so familiar. The Olympic symbol, seen by millions of people
throughout the Olympic Games, is one of the world’s most recognized brands. The
five interlocking rings represent the coming together of five continents and
symbolize the Olympic values: striving for excellence, demonstrating respect
and celebrating friendship. The Olympic properties have become iconic – they
are more than just “logos”. People around the world associate them with the
fundamental Values of sport and of the Olympic Movement. According to a survey
in 2001, the Olympic Rings are the most recognised symbol in the world with
unaided brand awareness of 93%.[ii]
Iconic Olympic symbol enjoys special protection
under
the Nairobi Treaty on the
Protection of the Olympic Symbol. States that have signed up to the Treaty are
obliged to refuse or
invalidate the registration as a mark and to prohibit the use for commercial
purposes of any sign consisting of or containing the Olympic symbol, except with the IOC ’s authorization. The Olympic Charter is the codification of the
Fundamental Principles of Olympism, Rules and Bye-Laws adopted by the IOC.
According to Rule 7 of the Charter, the Olympic properties include the Olympic
symbol as well as the Olympic flag, motto, anthem, identifiers (such as
“Olympic Games” and “Games of the Olympiad”), designations, emblems, the
Olympic flame and torches. All rights to any and all Olympic properties belong
exclusively to the IOC, including rights to their use such as in relation to
profit-making, commercial or advertising purposes.
Why
Intellectual Property Protection Is Required For Olympic Games?
Support from the business community is crucial to the holding of the
Olympic Games, one of the most effective international marketing platforms in
the world, reaching billions of people in more than 200 countries and
territories across the globe. The IOC distributes more than 90 percent of its
revenues to organizations throughout the Olympic Movement to support the
staging of the Olympic Games and to promote the development of sport worldwide. The IOC’s worldwide sponsorship program, The Olympic Partner
(TOP) Programme, was established to enable long-term corporate partnerships of
benefit to the Olympic Movement. The TOP Programme provides each worldwide
partner with exclusive global marketing rights and opportunities within a
designated product or service category. Consequently, the IOC must be able to
protect the exclusivity granted to its broadcast and marketing partners, and
therefore needs to have the necessary means to prevent third parties from
making any unauthorized association with the Olympic Games. The
role of branding in London 2012 written by Ray Vellest
a London-based brand identity
designer gives excellent coverage on branding & raising awareness for Olympic
properties.
How
Intellectual Property Protection Is Enabled For Olympic Games?
Numerous countries have adopted permanent
national legislation protecting the Olympic properties. Although the Olympic
Movement’s efforts have contributed to the implementation of legislation, the
parliaments that have adopted such measures also understand the importance of
sport and the Olympic Movement, as well as the need to protect the properties
related to them.
Adopting specific legislation has also proven
necessary in countries that host an edition of the Olympic Games. Such
legislation concerns not only the protection of the Olympic properties, but
also provides the means to fight against ambush marketing and to regulate
advertising, in particular in and around Olympic venues. The first specific
legislation related to an edition of the Olympic Games appeared in Canada prior
to the Montreal 1976 Olympic Games. Since the Sydney 2000 Olympic Games, all
host countries have adopted such legislation; this is also true for future
editions of the Olympic Games, such as Sochi 2014 and Rio 2016. In the UK,
the London
Olympic and Paralympic Games Act 2006 (The London Olympics Act) lays down
much of the law to prevent the unauthorized commercial exploitation of these
valuable rights.
In relation to the London 2012 Olympic Games,
the UK Parliament has adopted the London Olympic and Paralympic Act. This
legislation extends legal protection to all properties associated with the
London 2012 Olympic and Paralympic Games. Moreover, it forbids any entity from
associating itself, or its products or services, with the Olympic Games to gain
a commercial advantage, unless expressly authorized to do so by the London 2012
Organizing Committee (LOCOG). The law also provides local authorities and LOCOG
with the means to fight ambush marketing efficiently, and to prevent the
unauthorized sale of Olympic tickets and other ambush marketing activities at
an Olympic venue or in the air space surrounding it.
The
Nairobi Treaty
The IOC also benefits from an exceptional international
legal instrument that protects the Olympic symbol. Adopted in 1981 and
administered by WIPO, the Nairobi
Treaty on the Protection of the Olympic Symbol obliges each state that has
ratified it to refuse or invalidate the registration as a mark and to prohibit
the use for commercial purposes of any sign consisting of or containing the
Olympic symbol, except with the IOC’s authorization.
Trademark
protection
The IOC is the worldwide
owner of numerous trademarks protecting its Olympic properties. While this
might seem logical, the IOC had to wait some 100 years before it could register
trademarks in its own name. Prior to 1993, numerous national trademark laws (including
in Switzerland, where the IOC is based) reserved the right to register
trademarks only for commercial companies. As a non-profit association, the IOC
had to wait for the harmonization of European law and the modification of Swiss
law such that any entity could register a trademark in its name.
The IOC registers
trademarks, in particular through the WIPO Madrid system, relating to its
permanent properties (which are common to each edition of the Olympic Games),
such as the Olympic symbol and the words “Olympic”, “Olympiad” and “Olympic
Games”. It also seeks protection for identifiers related to a specific edition
of the Olympic Games, such as the official emblem of that edition of the
Olympic Games and the City+Year word mark - for example, “London 2012” and
“Sochi 2014”. Logos from the summer and winter Olympic Games from 1924 to 2012 can be
found here. Below is the list of trademarks (active registrations, applications/requests
being processed, registrations no longer in force):
Implementing
the IOC’s rights
In the routine management
of its intellectual property (IP) rights, the IOC encounters certain
challenges, some of which are described below.
1. Internet
and social media platforms
Internet and social media
platforms are fantastic opportunities to engage new audiences, especially the
young. The IOC is embracing this opportunity and has a presence on several
major social media platforms. However, from an IP point of view, it is
important for the IOC, like other trademark owners, to control the use of its
properties on such platforms, in particular in relation to the numerous
possibilities for third parties to make unauthorized
use of Olympic properties. The IOC works closely with social media platforms to prevent
unauthorized use of its properties. It also closely follows the Internet
Corporation for Assigned Names and Numbers (ICANN) project, opening the door to
new extensions of top level domain names, in order to protect its Olympic
properties on the Internet.
2.
Ambush marketing
Ambush marketing consists
of attempts to create a false, unauthorized or misleading commercial
association with the Olympic Movement or the Olympic Games. It includes a third
party’s use of creative means to generate a false association with the Olympic
Movement or Olympic Games; infringement of the various laws that protect the
use of Olympic properties; and interference with the legitimate marketing activities
of Olympic partners. Some companies that are
not official partners try to associate themselves with the unique and worldwide
character of the Olympic Games free of charge. This is unfair vis-à-vis
companies that financially support the Olympic Games as well as to the
participating athletes. The creativity of these ambushers makes it necessary to
adopt specific national legislation to prevent ambush marketing. However, as
these laws are in force only in the host territory, the IOC must invoke, in other
territories, ordinary legal means to fight ambush marketing, such as trademark
registration or unfair competition. However, these sometimes do not go as far
as the IOC would like.
3. Protection
of the City+Year word mark
In 1993, before Sydney was
elected to host the 2000 Olympic Games, a third party filed for registration of
all the names of the candidate cities for the 2000 Olympic Games, in numerous
countries, and then threatened the IOC partners with legal action if they used
these references. To prevent such abuses in
the future, the IOC subsequently took steps to protect the City+Year
identifiers, well before a city is selected to host an edition of the Olympic
Games.
Some court decisions,
however, have called into question the distinctive character of a trademark
composed of a city and a year. The distinctive character of a mark acquired
after its lengthy use is a known remedy for an initial potential lack of
distinctiveness. However, numerous trademark offices around the world accept
that, in the specific case of the Olympic Games, and given the exceptional
worldwide interest in, and media coverage of, a city’s election by the IOC,
distinctiveness is acquired the moment the result is announced. It is widely
recognized that the “City+Year” identification of the Olympic Games immediately
gains considerable notoriety and continues to increase in attractiveness and
distinctiveness, peaking during the actual holding of the Olympic Games.
The Olympic Games are one
of the most well-known sporting events in the world. Protecting the Olympic
properties is, therefore, very important. The IOC benefits from a privileged
situation thanks to the existence of the Nairobi Treaty, as well as national
legislation to protect the Olympic properties and combat ambush marketing in
certain territories. However, ordinary legal protection, such as trademark
protection, remains essential. Like many other trademark owners, including
sports governing bodies, the IOC faces a number of new challenges in managing
its IP, in particular in relation to social media platforms.
While the IOC considers
the advent of social media an opportunity for sports bodies to engage new
generations of fans and participants, it must face the new challenges they pose
in terms of managing the Olympic properties. Close collaboration with the
providers of these services, will undoubtedly go a long way in mitigating this
risk. Judicious management of the Olympic properties will help ensure that
people of all ages and from all continents can continue to take part in the
spectacle and celebrate the values that underpin the Olympic Games for
generations to come. The list of registered trademark for “London 2012” can be
seen here.
Designing
excellence
The Torch,
designed by studio Barber Osgerby, was chosen from 89 entries to claim the
winning title. Made of aluminium, it will be carried over 8,000 miles over the
course of its 70-day Torch Relay, and is perforated with 8,000 circular holes
representing the 8,000 Torchbearers. Aside from being decorative, the holes
also help reduce the weight of the torch and prevent heat conduction.
The London
2012 Velodrome on
the Olympic
Park also won the Architecture Award. The Velodrome is one of the most
sustainable and iconic venues of the Games. Sebastian Coe, Chair of the London 2012
Organising Committee, said: ‘The Torch is one of the most recognisable symbols
of the Olympic Games and we are thrilled that our design has won this
prestigious title. I am delighted we have such a brilliantly designed,
engineered and crafted Torch that will help to celebrate the amazing personal
achievements of each of our 8,000 Torchbearers and give them their moment to
shine.'It is also fantastic news that the stunning
architecture of the London 2012 Velodrome has won an award and welcome
recognition of the landmark new buildings the Games are bringing to London.’ Deyan Sudjic, Director of the Design Museum,
said of the winning entry: ‘Nothing is harder to get right than designing for
the Olympics. The lightness and simplicity of Barber Osgerby’s London 2012
Olympic Torch does just that. The Torch not only captures the spirit of London
as Olympic Host City but also demonstrates how design can celebrate traditional
ideas in a modern way.’
Tune into http://www.london2012.com/ for result updates.
