Undoubtedly, the FIFAR Soccer Football World Cup
2010R in South Africa was surely the event with the most
audience in the year 2010. Besides the presence of millions of fans
from all over the world who congregated there to enjoy the
tournament, this event was broadcasted all over the world through
TV, radio and the Internet, achieving therefrom a really
astonishing number of audience. We are talking about an
unprecedented media-success phenomenon.
However, despite the enormous and special interest of people in
every country, it is a sad truth that enjoying the broadcasting of
the whole event was not for everybody. In Mexico, for example, the
two most important TV networks broadcasted only 30 matches while
the total 64 matches were broadcasted only in cable TV.
Of course, the broadcasting of the matches and of any related
element is not for free. The broadcaster needs the previous consent
and authorization of the owner of the broadcasting rights as a
In this case, the related IP rights namely the copyrights, the
broadcasting rights on all of the matches, the registered
trademarks on the teams, the players, the official logos, the event
and even on the official trophy and the mascot belong exclusively
to FIFAR (Fédération Internationale de
Football Association) which, in strict accordance with its own
right, granted and signed multiple licensing agreements worldwide
with every TV network interested to broadcast the images of the
FIFA World CupR through different channels such as TV,
radio, the Internet and mobile devices.
For some people the granting of these licences might seem as a
monopolistic behavior. However, this is just one of numerous
examples of the free market, and of the selling and buying of
products and services.
FIFAR, as owner of these multiple IP rights, has a
very special interest in preserving them. For that reason, it has
taken the role of official sponsor of the World CupR.
This action confers FIFAR with a continuous and relevant
presence in every match, and in every related circumstance.
As well, it has taken all the necessary measures to avoid any
relationship of a third party trademark with the concept of
"FIFA World CupR". It would be very useful to
remember the case of the female fans of the dutch team, who were
cheering their favorite team dressed with what FIFAR
interpreted as a promotional outfit for a very famous dutch
Another fact worthy to comment is that FIFAR put its
creativity to work during the development of the World
CupR This resulted in new alternatives to make the
broadcast of the Cup reach everybody. Just to mention, it allowed
the public display of the matches in parks, avenues, and public
squares, so every person who did not have access to cable TV could
watch, share, and cheer the favorite team.
In conclusion, FIFAR, as official organizer of the
World CupR, and as legitimate owner of all the IP rights
related with the championship, defends and obtains respect from
every other parties, which might seem excessive to some people, but
that works beautifully to FIFAR.
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In accordance with the Mexican
Patent and Trademark Law in Mexico, in order to maintain patent,
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their life terms, the payment of maintenance fees is necessary.
Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
Advocacia Pietro Ariboni Ariboni, Fabbri, Schmidt & Advogados Associados
The current Industrial Property Law, No. 9279/96, has been in
force in Brazil for over a decade. Generally speaking, the Law is
modern and in line with the principles of international treaties
such as TRIPS and the Paris Convention.
In the last months, Mexico seems to be reinventing itself and has been living several changes in its regulations and institutions.
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