2018 FIFA World Cup’s impact on Russian IP and advertisement legislation
Russia will host FIFA World Cup in 2018 and FIFA Confederations Cup in 2017, in this regard, on May 21 2013 Russian State Duma adopted “Federal Law on the preparation for and observance in the Russian Federation, the FIFA World Cup 2018 year FIFA Confederations Cup 2017 year and amendments to certain legislative acts of the Russian Federation”. These legislative amendments cover quite a wide range intellectual property law and advertisement law.
This Federal Law adopted by Russia State Duma recognizes FIFA’s exclusive rights related to with holding World Cup 2018 and Confederations Cup 2017. FIFA’s exclusive rights include placing advertisement related and providing services related to the World Cup, using symbols and trademarks of the sporting event and monitoring stadiums, where the football matches will take place. At the same time, above mentioned exclusive rights could be examined by authorized organizations or third parties indicated in agreements signed with FIFA.
Article 17 and Article 55 of the Federal Law contain new provisions related to intellectual property law and unfair competition law. Russian trademarks that are identical or similar to FIFA’s trademarks and symbols will be prohibited till December 31, 2018, since usage of such kind of trademarks can mislead consumers and give them false information about FIFA’s partners and sponsors. FIFA’s trademarks will be recognized as well-known throughout the territory of Russian Federation during the World Championship. Registered as trademarks logos and emblems of activities using the phrases “Football in hope” and “Green goal” with or without the use of such phrases, other protected on the territory of the Russian Federation are trademarks of FIFA. Moreover, these trademarks will have priority for exclusive rights over other trademarks, regardless of the date of registration. Besides, Rospatent is obliged to arrange an easy and short-term procedure for FIFA to register its trademarks and licenses during the World Cup competition.
The sale, exchange, or other introduction into circulation of goods or execution of works, rendering services, if illegally used the symbolism of physical activities or sports activities, as well as the use of identical or similar to means of individualization will be recognized as unfair competition.
Article 18 and Article 51 of the Federal Law contain new provisions about advertisement law. For the period from one month before the start date of the relevant sporting event until the date of following final match, FIFA has exclusive rights to control placement of advertisement and implementation of trading activity at a distance closer than two kilometers from the outer limits of the places implementation of sports competitions as well as in the airspace over such places.
In the days of sporting events, trading activities in the stadiums and other venues, as well as within a radius of two kilometers around stadiums, can only be carried out with the official written consent of FIFA or a FIFA authorized persons. Advertisements on sports facilities and outfit used during FIFA World Cup should be consistent with requirements of FIFA.
New provisions regarding intellectual property law, unfair competition law and advertisement law, that were adopted by Russian Government, aimed at protecting FIFA and its authorized partners and sponsors from intellectual property infringements and illegal market activities.