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THE World Cup will provide great opportunities for formal and informal traders, individuals and companies to showcase their products, services and talents.
However those found in breach of Fifa’s strict rules and regulations may be heavily fined and/or imprisoned or face liability. Fifa’s legislative rules and regulations – contained in its rights protection programme – are aimed at protecting the commercial marketing rights of its official sponsors and licensees.
This means that only Fifa’s official sponsors and licensees will be allowed to market and sell their products within the stadium and public viewing area/Fan Fest restriction zones. Host cities, Fifa and the local organising committee are obliged to create commercial restriction zones around stadiums, public viewing areas/Fan Fests and areas of importance during the tournament.
This is to protect the Fifa commercial affiliates and sponsors from ambush marketing by competing companies or traders who have not contributed to the World Cup event.
This meant that after Nelson Mandela Bay was selected as a host city, it had to ensure appropriate by-laws pertaining to hosting the event were promulgated and implemented.
These by-laws are in effect from June 1 to July 31 and the rights protection programme will be fully implemented.
The by-laws prohibit any ambush marketing, unauthorised trading or selling of counterfeit goods within the stadium and Fan Fest restriction zones. The zones include a 1km radius around the stadium and a 100m radius around the Fan Fest.
Any unauthorised trader who did not formally apply to the municipality to trade in these zones or any trader selling counterfeit goods, or any unauthorised company, individual or trader using any of Fifa’s official trademarks or a modified variation that creates an unauthorised association with Fifa will be heavily fined and/or imprisoned or face liability for ambush marketing. Metro personnel will be deployed within the stadium and public viewing area/Fan Fest restriction zones, and along principal routes during the event, to prevent any violations.
With regard to ambush marketing, for instance, you can’t sell a World Cup boerewors roll or a Zakumi hot dog.
Fifa’s official trademarks are: 2010 Fifa World Cup South Africa, 2010 Fifa World Cup, Fifa World Cup, World Cup, World Cup 2010, Football World Cup, SA 2010, ZA 2010, South Africa 2010, Ke Nako – Celebrate Africa’s Humanity, Soccer World Cup and Zakumi. Unofficial use of the Fifa official emblem, official mascot, official posters and Fifa World Cup trophy are also prohibited.
Fifa has for the first time introduced three tiers of sponsorship for this year’s World Cup. The first tier includes their global partners, Adidas, Coca-Cola, Emirates, Hyundai, Sony and Visa. The second tier consists of sponsors, Budweiser, Castrol, Continental, McDonalds, MTN and Satyam.
The third tier consists of Fifa’s national supporters, FNB, Telkom, BP South Africa, Neo Africa and Prasa.
With regard to businesses in the exclusion zones, Fifa has adopted a “business as usual” policy. This means companies, restaurants and kiosks can operate as normal, selling products from any brands, unless there is a threat to life/property, ambush marketing or trading in counterfeit goods.
When it comes to signage, they do not have to take down any branded signage already in place, but cannot erect any new promotional or ambush marketing signage.
Although trading will not be permitted in the stadium and public viewing area/Fan Fest on match days, authorised formal and informal traders will be provided with designated areas within the Fan Fest restriction zone and other “high traffic” locations from where they can trade.
Spectators at the stadium will be allowed to wear clothing branded by manufacturers other than the Fifa sponsors.
In the commercial restriction zones, freebies, promotional items or pamphlets may not be distributed, and banners cannot be used on routes to the stadiums. Heavily branded buses may also be prevented form entering the zones.
Aerial advertising is not allowed and there is a no-fly zone around all stadia.
Advertising and merchandising using material related to football or the host country in general is allowed.
Mhleli Tshamase is the head of the Nelson Mandela Bay Metropolitan Municipality 2010 Fifa Rights Protection Programme.
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