quinta-feira, 6 de junho de 2013

Who owns the 2016 Olympics in Brazil

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Recently, I have worked on a case involving the Brazilian Olympic Committee and the protection of trademarks related to the Brazilian 2016 Olympics.


One of my clients, a software company, has received a notification from a law firm connected to the Olympic Committee. The notification required him to stop using the  words "Olympics 2016" in one of the apps he was distributing for free


It is important to mention that my client at no time suggested in his product that he was a representative of the Olympic Committee. His product also lacked commercial purposes, having purely informational purposes for the general public.

Nevertheless, he received the notification. Why did this happen? 

This is mainly due to the so-called Olympic Act (Brazilian Law No. 12035, from 2009), which determines an extremely rigid monopoly over the protection of Brazilian Olympic names and brands.

This law, which is much more rigid than any other Brazilian laws relating to intellectual property, does not recognize the so-called "innocent use" or "fair use" (on this subject, please, read this other post Intellectual property and 'fair use' under Brazilian Law).

The law gives the same treatment for both commercial and non-commercial use of Olympics related symbols. 

This can lead to nonsense situations, where initiatives aimed at informing the public about the Olympics end up being considered as unlawful acts,  simply because of the use of the words "Olympics 2016".


I have heard similar stories regarding the 2014 World Cup. 

Any comments?


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4 comentários:

  1. I FOUND THIS INFO VERY USEFUL.
    I ALSO KNOW THAT NON-COMMERCIAL FREE MATERIALS IN BRAZIL ARE RARELY DISTRIBUTED OR EVEN GIVEN, EVEN THOUGH OUR TAXES PAYS FOR THEM.
    IT SEEMS UNFAIR NOT TO RECOGNIZE FAIR USE OF NON-COMMERCIAL INFO.
    V.ARAUJO

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  2. Thanks. First of all, what happened so far? Is your client fighting it?
    similar thing happened in the UK.

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