Panel Session VII: On the ball IP and sport

Transcription

1 Panel Session VII: On the ball IP and sport Monday, October :00-10:30

2 Stuart Corbishley, Corbishley Sport & Law (Moderator) Paula Robinson, Gold Coast 2018 Commonwealth Games Koichi Tsujii, Nakamura & Partners Annabelle Williams, Australian Olympic Committee Gillian Harris, Football Federation Australia Janey Draper, Australian News Channel 2

3 Stuart Corbishley 3

4 Panel Session VII: On the ball IP and sport Why is the protection of IP in sport important? How are IP rights in sport infringed? How do you protect IP rights in sport? What are the current tends to look out for? What issues will arise in the future? 4

5 Example 1 5

6 Example 2 6

7 Example 3 7

8 Olympic Marketing - Creating Value and Securing Financial Resources - October 16, 2017 Koichi Tsujii Nakamura & Partners 8

9 Characteristics of Olympic Marketing Long-term support from a small number of companies Mechanism to stably support the financial resource of the Olympic movement Mechanism for appropriate allocation of resource to the Olympic family for the promotion of Olympic movement Mechanism to promote the Olympic brand under control of excessive commercialism 1. Category System Principle of exclusivity of 1 company from 1 business category 2. Territory System Use of right only in the agreed territory 3. Partnership System 4 years partnership 9

10 Advantages of the Olympic Sponsors Enjoyments of 4 advantages Market Value (Supports your company s business strategies) Brand Value (Fosters the brand image in the market) Media Value (Outstanding performance by top athletes secure more exposure and topic than top talents) Motivation Value (Motivates your company s employees to increase and secures their motivation to increase) Market Value By becoming an Olympic sponsor, you can secure an interlock with your company s marketing, which enables you to expect rise in the sales of your strategic products, etc. Media Value By becoming an Olympic sponsor, you can utilize top athletes who have more exposure than talents, so as to provide high exposure and topic of yourself. Brand Value By becoming an Olympic sponsor, you can expect to enhance your band image and reputation among the consumers. Motivation Value By becoming an Olympic sponsor, you can increase your employees loyalty to the company, and provide opportunity to motivate them in their duties. 10

11 TOP Partnership Program (1) Framework of the TOP Program Under the leadership of IOC, IOC, NOC and OCOG respectively contributes its rights, so that all rights to the Olympics may be used world widely Right to use the Olympic emblem, etc. Right to exercise the rights worldwide IOC s rights Rights of the worldwide partners NOC s rights OCOG s rights Right to use the NOC emblem, rights regarding the Olympic national team, etc. Right to grant permission to exercise the rights within the Right to use the emblems, etc. of the games Right to grant permission to exercise the rights in territory managed by NOC the host country 11

12 TOP Partnership Program (2) Foremost Rank Sponsors of the Olympic Due to the principle of 1 company from 1 business category, the TOP Partners who are partners of IOC are ranked higher than the NOC partners and OCOG partners. TOP Partners NOC Partners OCOG Partners 12

13 Income and Allocation of Olympic Marketing Income Approx Billion Dollars <Income> <Allocation> 大会放送権 Broadcast right パートナーシップ Partnership ライセンシング Licensing チケット販売 Ticket sales 47.8% 34.7% 2.2% 15.4% *NOC s マーケティングの収入含まず marketing income is not included. OCOG/NOC/IF IOC *TOP Program TOPプログラム 10% : IOC 50% : OCOG 40% : NOC 90.0% 10.0% 13

14 TOKYO 2020 Games ~Joint Marketing~ 14

15 Primary Budget of Tokyo 2020 Games V1 Budget : 4,673 million USD Income (Unit: Million USD) Expenditure (Unit: Million USD) Items Payment from IOC Domestic sponsors Licensing Ticket sales Others Total Amount *Tokyo2020 s own marketing income : 3233 million USD Items Site related fees Temporary facilities, etc. Energy infrastructure Operational fee for the games Transportation Security Technology Operation Management and PR Marketing (royalty) Others Adjustment fee Total Amount

16 Basic Marketing of Tokyo 2020 Games Joint Marketing Aggregate and integrate the domestic rights related to Olympics and Paralympics to Tokyo 2020 Term: Jan. 1, 2015 to Dec. 31, 2020 Tokyo 2020 to develop and deploy the program based on the Marketing Program Agreement between IOC and IPC Certain revenue will be paid to JOC and JPC from the marketing revenues of Tokyo

17 Tokyo 2020 Games Sponsorship Program Worldwide sponsors (Olympic Games) National sponsors for Tokyo 2020 (Olympic Games / Paralympic Games) TOP Partners (Tier 1) Tokyo 2020 Gold Partners (Tier 2) Tokyo 2020 Official Partners (Tier 3) Tokyo 2020 Official Supporters World s foremost rank sponsor (13 Companies) Highest level sponsor in Japan (15 Companies) 2 nd level sponsor in Japan (27 Companies) 3 rd level sponsor in Japan (To be decided) *Within the TOP Partners, the following 5 companies have the rights to the Paralympics: Worldwide Paralympic Partners Panasonic and Toyota Gold Paralympic Partners in Japan Athos, Bridgestone, Omega 17

18 Tier 1 Sponsors Tier 1 Partners Categories 1 Beer and wine 2 Still camera and desktop printers 3 4 Communication service 5 Datacenter hardware 6 Petroleum, gas and electricity supply 7 Casualty insurance 8 Life insurance 9 Security Advanced products for public safety (biometric identification, behavioral detection and analysis thereof, drone), networking products (SDN, wired and wireless network) 10 Sport equipment (sports apparel and game equipment) 11 Banking 12 Banking 13 Real estate development 14 Dairy and confectionery 15 Components for housing equipment and plumbing appurtenances 18

19 Gillian Harris 19

20 Annabelle Williams 20

21 Janey Draper 21

22 Why is the protection of IP in sport important? 22

23 Rule 40 Olympic Games Outside Games Time This would be approved No breach of OIPA (rings/ Olympic ) No use of AOC/IOC trade marks Factual reference to Olympian permissible under OIPA Blackout Period This would NOT be approved unless granted a Rule 40.3 Waiver Activity identifies a participants name and a non-olympic commercial partner Under Armour ad 23

24 Ambush Marketing Football Federation Australia 24

25 How are IP rights in sport infringed? 25

26 Ambush Marketing Delhi 2010 Commonwealth Games 26

27 Ambush Marketing AFC Asian Cup Australia

28 Ambush Marketing Australian Olympic Committee AOC v Telstra 28

29 Ambush Marketing Australian Olympic Committee 29

30 Ambush Cases 30

31 Prevention of Ambush Marketing Advertisements and PRs with use of the Olympic/Paralympic emblems Advertisements and PRs that mislead the consumers as if the advertiser is a partner of the Olympic/Paralympic games Advertisements and PRs that mislead the consumers as if the advertiser is a partner of the Olympic/Paralympic National team Advertisements and PRs that is likely to cause image of the Olympic/Paralympic 31

32 Cases Case 1 Olympic fairs at restaurants and bars Case 2 Advertisements diverting the image of Olympic 32

33 Cases Case 3 Campaigns taking advantage of the fact that the Japan National Team is winning medals Case 4 Advertisement taking advantage of the Olympic games 33

34 Cases Case 5 Campaigns in D.I.Y. stores Case 6 Sale of products with colors associated with the medals 34

35 Cases Case 7 Unauthorized use of Olympic emblems/symbols Let s support the Tokyo 2020 Games! 35

36 Cases Case 8 Unauthorized use of Olympic terms and image of the torch 36

37 Cases Case 9 Unauthorized issuance of PR journals, etc. 37

38 Cases Case 10 Unauthorized issuance of press releases New store opened in the Olympic area The Olympian is coming! 38

39 Cases Case 11 Graphics that is likely to cause image of the Olympic/Paralympic 39

40 Cases Case 12 Advertisements that mislead the consumers as if the advertiser is a sponsor of the Japan National Team for the Olympics XX Inc. supports the national swimming team of Japan. 40

41 Cases Case 13 Advertisements using the Olympics logo, game results and/or game performances Congratulations to the Winner of 5 th prize in the Men s Marathon! Congratulations to the Winner of 10 th prize in the Ladies 800m! 41

42 Thank you Thank you for your attention Koichi Tsujii Nakamura & Partners Shin-Tokyo Building, Room No. 616, 3-1, Marunouchi 3-chome, Chiyoda-ku, Tokyo , Japan 42

43 Ambush Marketing Gold Coast 2018 Commonwealth Games 43

44 Ambush Marketing Gold Coast 2018 Commonwealth Games 44

45 Ambush Marketing Gold Coast 2018 Commonwealth Games 45

46 Ambush Marketing England & Wales Cricket Board 46

47 Ambush Marketing England & Wales Cricket Board 47

48 Ambush Marketing England & Wales Cricket Board 48

49 Ambush Marketing Football Federation Australia 49

50 Counterfeit Merchandise AFC Asian Cup Australia

51 Media Rights Foxtel 51

52 Media Rights 52

53 Media Rights 53

54 How do you protect IP rights? 54

55 What are the current issues to look out for? What issues do you see arising in the future? 55

56 Audience Q&A 56

57 Thanks for your attention!