Panel Session VII: On the ball - IP and sport - Monday, October 16 2017 09:00-10:30 - aippi
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Panel Session VII:
On the ball – IP and sport
Monday, October 16 2017
09:00-10:30
www.aippi.orgg
• 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
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Stuart Corbishley
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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?
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Example 1
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Example 2
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Example 3
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Olympic Marketing
- Creating Value and Securing Financial Resources -
October 16, 2017
Koichi Tsujii
Nakamura & Partners
8
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
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Advantages of the Olympic Sponsors
Enjoyments of 4 advantages
Market Value Brand Value
(Supports your company’s business strategies) (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 Brand Value
By becoming an Olympic sponsor, you can secure an interlock with By becoming an Olympic sponsor, you can expect to enhance
your company’s marketing, which enables you to expect rise in your band image and reputation among the consumers.
the sales of your strategic products, etc.
Media Value Motivation Value
By becoming an Olympic sponsor, you can utilize top athletes By becoming an Olympic sponsor, you can increase your
who have more exposure than talents, so as to provide high employees’ loyalty to the company, and provide opportunity to
exposure and topic of yourself. motivate them in their duties. 10TOP 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
・Right to use the NOC’s OCOG’s
NOC emblem, rights regarding
the Olympic national team, rights rights ・Right to use the emblems,
etc. etc. of the games
・Right to grant permission to ・Right to grant permission
exercise the rights within the to exercise the rights in
territory managed by NOC the host country 11TOP 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
12Income and Allocation of Olympic Marketing
2009-2012 Income Approx. 8.046 Billion Dollars
＜Income＞ ＜Allocation＞
Broadcast right
大会放送権 47.8% OCOG/NOC/IF 90.0%
Partnership
パートナーシップ 34.7% IOC 10.0%
Licensing
ライセンシング 2.2%
Ticket sales
チケット販売 15.4% *TOP
※ Program
TOPプログラム 10% ： IOC
50% ： OCOG
*NOC’s
※ marketing income is not included.
NOCマーケティングの収入含まず 40% ： NOC
13TOKYO 2020 Games
～Joint Marketing～
14Primary Budget of Tokyo 2020 Games
V1 Budget : 4,673 million USD
Income (Unit: Million USD) Expenditure (Unit: Million USD)
Items Amount Items Amount
Payment from IOC 1130 Site related fees 841
Domestic sponsors 2336 Temporary facilities, etc. 748
Licensing 131 Energy infrastructure 93
Ticket sales 766 Operational fee for the games 3832
Others 308 Transportation 93
Total 4673 Security 187
Technology 514
Operation 467
Management and PR 748
Marketing (royalty) 748
*Tokyo2020’s own marketing income :
3233 million USD Others 607
Adjustment fee 467
Total 4673
15Basic 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 2020
16Tokyo 2020 Games Sponsorship Program
TOP World’s foremost rank sponsor
Worldwide sponsors (13 Companies)
(Olympic Games) Partners
（Tier 1）
Highest level sponsor in Japan
Tokyo 2020 (15 Companies)
Gold Partners
（Tier 2）
National sponsors
for Tokyo 2020
2nd level sponsor in Japan
Tokyo 2020 (27 Companies)
(Olympic Games
/ Paralympic Games）
Official Partners
（Tier 3）
Tokyo 2020 3rd level sponsor in Japan
(To be decided)
Official Supporters
*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 17Tier 1 Sponsors
Tier 1 Partners Categories
1 Beer and wine
2 Still camera and desktop printers
Advanced products for public safety (biometric identification, behavioral detection and analysis
3 thereof, drone), networking products (SDN, wired and wireless network)
4 Communication service
5 Datacenter hardware
６ Petroleum, gas and electricity supply
7 Casualty insurance
8 Life insurance
9 Security
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
18Gillian Harris
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www.aippi.orgAnnabelle Williams
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www.aippi.orgJaney Draper
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www.aippi.orgWhy is the protection of IP
in sport important?
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www.aippi.orgRule 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 Under Armour ad
granted a Rule 40.3 Waiver
• Activity identifies a participants name
and a non-Olympic commercial partner
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www.aippi.orgAmbush Marketing – Football Federation
Australia
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www.aippi.orgHow are IP rights in sport infringed?
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www.aippi.orgAmbush Marketing
Delhi 2010 Commonwealth Games
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www.aippi.orgAmbush Marketing
AFC Asian Cup Australia 2015
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www.aippi.orgAmbush Marketing
Australian Olympic Committee
AOC v Telstra
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www.aippi.orgAmbush Marketing
Australian Olympic Committee
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www.aippi.orgAmbush Cases
30Prevention 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
31Cases
Case 1 Case 2
Olympic fairs at Advertisements diverting
restaurants and bars the image of Olympic
32Cases
Case 3 Case 4
Campaigns taking Advertisement taking
advantage of the fact advantage of the
that the Japan National Olympic games
Team is winning medals
33Cases
Case 5 Case 6
Campaigns in Sale of products with colors
D.I.Y. stores associated with the medals
34Cases
Case 7
Unauthorized use of Olympic
emblems/symbols
Let’s support the
Tokyo 2020
Games!
35Cases
Case 8
Unauthorized use of Olympic terms and image of
the torch
36Cases
Case 9
Unauthorized issuance of PR journals, etc.
37Cases
Case 10
Unauthorized issuance of press releases
New store opened in
the Olympic area The Olympian is coming!
38Cases
Case 11
Graphics that is likely to cause image of the
Olympic/Paralympic
39Cases
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.
40Cases
Case 13
Advertisements using the Olympics logo,
game results and/or game performances
Congratulations to the Winner of Congratulations to the Winner
5th prize in the Men’s Marathon! of 10th prize in the Ladies’ 800m!
41Thank you
Thank you for your attention
Koichi Tsujii
Nakamura & Partners
Shin-Tokyo Building, Room No. 616,
3-1, Marunouchi 3-chome, Chiyoda-ku,
Tokyo 100-8355, Japan
E-mail: k_tsujii@nakapat.gr.jp
42Ambush Marketing
Gold Coast 2018 Commonwealth Games
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www.aippi.orgAmbush Marketing
Gold Coast 2018 Commonwealth Games
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www.aippi.orgAmbush Marketing
Gold Coast 2018 Commonwealth Games
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www.aippi.orgAmbush Marketing
England & Wales Cricket Board
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www.aippi.orgAmbush Marketing
England & Wales Cricket Board
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www.aippi.orgAmbush Marketing
England & Wales Cricket Board
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www.aippi.orgAmbush Marketing
Football Federation Australia
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www.aippi.orgCounterfeit Merchandise
AFC Asian Cup Australia 2015
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www.aippi.orgMedia Rights
Foxtel
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www.aippi.orgMedia Rights
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www.aippi.orgMedia Rights
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www.aippi.orgHow do you protect IP rights?
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www.aippi.orgWhat are the current issues
to look out for?
What issues do you see arising
in the future?
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www.aippi.orgAudience Q&A
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www.aippi.orgThanks for your attention!
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