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2010 FAN PARKS  ENGAGEMENT WITH BUSINESS HOST CITY: CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  27 MAY 2008
AGENDA AGENDA 1.  Terms of Cooperation 2.  Third Party Viewing Areas 3. Rights Protection Program
LEGAL FRAMEWORK TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Host City Agreement Amendment 1 (TOC) Financial Agreement Event Manual
RIGHTS HOLDER TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  The City of Cape Town is a Rights Holder  Can stage the Official Fan Park  Use of the Marks rights Can use official event look to re-create stadium experience
TERMS OF COOPERATION Stuttgart Official Fan Park 2006
OFFICIAL FAN PARK TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Description :  The Official Fan Parks has the following parameters:  (i) each day of the Competition;  (ii) entry free of charge;  (iii) live-broadcast of all 64 matches of the Competition;  (iv) food and beverage availability,  (v) within fenced and secured areas  (vi) a stage of a dimension which allows entertainment  The Host City, LOC and FIFA shall be jointly responsible  for the staging and organisation of the Official Fan Park  One (1) Official Fan Park per stadium (Grand Parade)
TERMS OF COOPERATION No sponsor Non competitor sponsor Yes, not during match feed & build-up Big Screen advertising Yes, free SABC feed TV Rights Yes 3 rd  Party Exhibitors Yes, first & last rights to FIFA partners Local competitor suppliers Yes, first & last rights to FIFA partners Local, non -competitor suppliers Yes, but basic recognition Basic package for FIFA Affil. Only FIFA Affiliates to participate as sponsors FIFA Affiliates FIFA FAN PARK RIGHTS
TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010
OTHER PUBLIC VIEWING EVENTS TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  The Official Fan Parks shall be the primary official public viewing event in relation to the 2010 FIFA World Cup The Host City shall be entitled to organise other public viewing events in the Host City  Subject to FIFAs General Public Viewing Guidelines Does not carry Official Fan Park look (Velodrome, Athlone and Swartklip)
TERMS OF COOPERATION Yes  with branding Non competitor sponsor Yes, not during match feed & build-up Big Screen advertising Yes, free SABC feed TV Rights Yes 3 rd  Party Exhibitors Yes  no branding Local competitor suppliers Yes Local, non -competitor suppliers None Basic package for FIFA Affil. Yes, can participate FIFA Affiliates OTHER PVAS Rights
THIRD PARTY  VIEWING AREAS
NON RIGHTS HOLDER THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  FIFA Commercial Affiliates & Host Cities are Rights Holders All other entities are 3 rd  Parties  Third Parties are not permitted to use the marks Third Parties are permitted to stage Public Viewing Subject to FIFA guidelines
FIFA GENERAL PVA GUIDELINES THIRD PARTY PVAS FIFA GENERAL  PVA GUIDELINES COMMERCIAL NON COMMERCIAL
NON COMMERCIAL PVA THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  2010 Matches are broadcast No entry fee is charged Sponsorship or other rights are exploited Public Viewing Events in commercial establishments e.g. pubs, are deemed non commercial  unless an entry fee and/or sponsorship is exploited
EXHIITOR RESPONSIBILITIES THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Must use SABC feed unless an establishment pays for  alternative feed at its own cost Must obtain all necessary licenses and permits  from the local municipality Broadcast must be displayed on a live basis only  i.e. no delays or replays No modification to the broadcast material  No association with FIFA or FIFA World Cup No sponsorship rights e.g. Use of flags or billboards Sale of food, beverages and other goods permitted  No Use of the Competition Marks No entry fee
AUTHORISATION THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  If a genuine non-commercial event,  a free license is automatically granted No application to FIFA is required Full compliance with the regulations is required If not in full compliance, the free license is terminated Breach is prosecutable Written details must be supplied to FIFA upon request
COMMERCIAL PVA THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  2010 Matches are broadcast An entry fee is charged and/or Sponsorship or other rights are exploited
COMMERCIAL PVA THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  A license fee is payable The fee to be determined at the time of application All fees to be donated to 20 Centres for 2010 campaign Sponsorship rights to FIFA Commercial Affiliates Sponsorship rights to local, non competitor sponsors Sale of goods e.g. beer, to competitor sponsors FIFA license only relates to the broadcast signal Exhibitor still responsible to obtain licenses and  authorisation from the local authority Contact FIFA at  [email_address]
RIGHTS  PROTECTION  PROGRAM
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  RPP is the protection of the Commercial Affiliates  rights of association with the event Review of applicable laws with regards to  trademark registration, IP protection, unfair competition Determine the best legal approach to protecting the  rights of association and anti-counterfeiting
LEGAL FRAMEWORK RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  In South Africa the appropriate legal mechanisms include: Special Events Bill DTI Trademarks registration 2010 By-Law Citys other applicable by-laws Establishment of aggreed event zones: Exclusion Zones Protocol routes
FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Establishment and policing of Stadium Perimeter,  enforcement of  anti-ambush marketing laws Support from local authorities necessary to guard  against illegal merchandise and illegal association
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  To  minimise  any and all infringement or encroachment  of FIFAs marketing rights, particularly those which have  been contractually granted to the Official Partners,  Official Suppliers and Licensees. How will this be achieved?
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Work closely with a network of law enforcement officers
Tackle ambush activity in vicinity of stadium Patrol outside stadiums, enforcing Controlled Area restrictions  Identify and confiscate counterfeit merchandise RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Liaise with stadium security re. removal of prohibited  marketing items
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Assist Venue Manager where required in  removing prohibited marketing items (banners etc. )  inside the stadium
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Monitor Public Viewing Fan Fest areas for ambush activities wherever possible.  Local authority law enforcement teams in these areas to monitor and coordinate NOTE : The City of Cape Town is contractually obliged in the Host City Agreement to form an RPP team.
THANK YOU  DANKIE  ENKOSI

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3rd Party viewing rights

  • 1. 2010 FAN PARKS ENGAGEMENT WITH BUSINESS HOST CITY: CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 27 MAY 2008
  • 2. AGENDA AGENDA 1. Terms of Cooperation 2. Third Party Viewing Areas 3. Rights Protection Program
  • 3. LEGAL FRAMEWORK TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 Host City Agreement Amendment 1 (TOC) Financial Agreement Event Manual
  • 4. RIGHTS HOLDER TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 The City of Cape Town is a Rights Holder Can stage the Official Fan Park Use of the Marks rights Can use official event look to re-create stadium experience
  • 5. TERMS OF COOPERATION Stuttgart Official Fan Park 2006
  • 6. OFFICIAL FAN PARK TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 Description : The Official Fan Parks has the following parameters: (i) each day of the Competition; (ii) entry free of charge; (iii) live-broadcast of all 64 matches of the Competition; (iv) food and beverage availability, (v) within fenced and secured areas (vi) a stage of a dimension which allows entertainment The Host City, LOC and FIFA shall be jointly responsible for the staging and organisation of the Official Fan Park One (1) Official Fan Park per stadium (Grand Parade)
  • 7. TERMS OF COOPERATION No sponsor Non competitor sponsor Yes, not during match feed & build-up Big Screen advertising Yes, free SABC feed TV Rights Yes 3 rd Party Exhibitors Yes, first & last rights to FIFA partners Local competitor suppliers Yes, first & last rights to FIFA partners Local, non -competitor suppliers Yes, but basic recognition Basic package for FIFA Affil. Only FIFA Affiliates to participate as sponsors FIFA Affiliates FIFA FAN PARK RIGHTS
  • 8. TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010
  • 9. OTHER PUBLIC VIEWING EVENTS TERMS OF COOPERATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 The Official Fan Parks shall be the primary official public viewing event in relation to the 2010 FIFA World Cup The Host City shall be entitled to organise other public viewing events in the Host City Subject to FIFAs General Public Viewing Guidelines Does not carry Official Fan Park look (Velodrome, Athlone and Swartklip)
  • 10. TERMS OF COOPERATION Yes with branding Non competitor sponsor Yes, not during match feed & build-up Big Screen advertising Yes, free SABC feed TV Rights Yes 3 rd Party Exhibitors Yes no branding Local competitor suppliers Yes Local, non -competitor suppliers None Basic package for FIFA Affil. Yes, can participate FIFA Affiliates OTHER PVAS Rights
  • 11. THIRD PARTY VIEWING AREAS
  • 12. NON RIGHTS HOLDER THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 FIFA Commercial Affiliates & Host Cities are Rights Holders All other entities are 3 rd Parties Third Parties are not permitted to use the marks Third Parties are permitted to stage Public Viewing Subject to FIFA guidelines
  • 13. FIFA GENERAL PVA GUIDELINES THIRD PARTY PVAS FIFA GENERAL PVA GUIDELINES COMMERCIAL NON COMMERCIAL
  • 14. NON COMMERCIAL PVA THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 2010 Matches are broadcast No entry fee is charged Sponsorship or other rights are exploited Public Viewing Events in commercial establishments e.g. pubs, are deemed non commercial unless an entry fee and/or sponsorship is exploited
  • 15. EXHIITOR RESPONSIBILITIES THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 Must use SABC feed unless an establishment pays for alternative feed at its own cost Must obtain all necessary licenses and permits from the local municipality Broadcast must be displayed on a live basis only i.e. no delays or replays No modification to the broadcast material No association with FIFA or FIFA World Cup No sponsorship rights e.g. Use of flags or billboards Sale of food, beverages and other goods permitted No Use of the Competition Marks No entry fee
  • 16. AUTHORISATION THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 If a genuine non-commercial event, a free license is automatically granted No application to FIFA is required Full compliance with the regulations is required If not in full compliance, the free license is terminated Breach is prosecutable Written details must be supplied to FIFA upon request
  • 17. COMMERCIAL PVA THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 2010 Matches are broadcast An entry fee is charged and/or Sponsorship or other rights are exploited
  • 18. COMMERCIAL PVA THIRD PARTY PVAS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 A license fee is payable The fee to be determined at the time of application All fees to be donated to 20 Centres for 2010 campaign Sponsorship rights to FIFA Commercial Affiliates Sponsorship rights to local, non competitor sponsors Sale of goods e.g. beer, to competitor sponsors FIFA license only relates to the broadcast signal Exhibitor still responsible to obtain licenses and authorisation from the local authority Contact FIFA at [email_address]
  • 19. RIGHTS PROTECTION PROGRAM
  • 20. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 RPP is the protection of the Commercial Affiliates rights of association with the event Review of applicable laws with regards to trademark registration, IP protection, unfair competition Determine the best legal approach to protecting the rights of association and anti-counterfeiting
  • 21. LEGAL FRAMEWORK RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 In South Africa the appropriate legal mechanisms include: Special Events Bill DTI Trademarks registration 2010 By-Law Citys other applicable by-laws Establishment of aggreed event zones: Exclusion Zones Protocol routes
  • 22. FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010
  • 23. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 Establishment and policing of Stadium Perimeter, enforcement of anti-ambush marketing laws Support from local authorities necessary to guard against illegal merchandise and illegal association
  • 24. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 To minimise any and all infringement or encroachment of FIFAs marketing rights, particularly those which have been contractually granted to the Official Partners, Official Suppliers and Licensees. How will this be achieved?
  • 25. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Work closely with a network of law enforcement officers
  • 26. Tackle ambush activity in vicinity of stadium Patrol outside stadiums, enforcing Controlled Area restrictions Identify and confiscate counterfeit merchandise RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010
  • 27. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Liaise with stadium security re. removal of prohibited marketing items
  • 28. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Assist Venue Manager where required in removing prohibited marketing items (banners etc. ) inside the stadium
  • 29. RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 Monitor Public Viewing Fan Fest areas for ambush activities wherever possible. Local authority law enforcement teams in these areas to monitor and coordinate NOTE : The City of Cape Town is contractually obliged in the Host City Agreement to form an RPP team.
  • 30. THANK YOU DANKIE ENKOSI