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111 Such as, for example, generally, the potential application of the EU's Unfair Commercial Practices Directive (Directive No. 2005/29/EC) or the Trademarks Directive (Directive 2008/95/ EC); or, more specifically, Portugal's anti-ambushing legislation for UEFA's EURO 2004 competition (Law Decree 86/2004); Italy's anti-ambushing law for the 2006 Turin winter Games (Law Decree 167/2005-no longer in force); and Hungary's (aborted when it was not awarded the hosting rights) draft legislation for UEFA's EURO 2012 competition (under the proposed legislation, any reference to the UEFA or the championship which would have suggested a contractual, commercial, organisational or financial relationship with the UEFA was prohibited, and standing to sue was granted to UEFA and the official sponsors, with remedies similar to those under trademark law (no criminal sanctions and no enforcement agency were foreseen)).
What differentiates this jurisdiction, however, is the fact that despite increasing calls from legal quarters for special anti-ambushing legislation the Indian legislature has to date not taken this step, and protection for event organisers and their sponsors is grounded in common law and other, more general, statutory provisions.
It is interesting to note that India has to date not passed special anti-ambushing legislation, especially in light of the above position taken by the Delhi High Court in 2003 regarding ambush marketing (which one might expect would make event organisers distinctly nervous).
An important point to note, however, relates to a remedy that is available in terms of the 1995 and 2006 Acts which is not available in respect of some other such sui generis anti-ambushing legislation (for example, the far-reaching South African legislation discussed in Sect. 4.4.5), although section 48 of the Sydney 2000 Games (Indicia and Images Protection) Act of 1996 contained a similar provision.
Mention is made elsewhere in this book227 of the potential chilling effect of sui generis anti-ambushing legislation on the freedom of expression and freedom of trade rights of individuals and businesses, and of the wide-spread practise of event organisers (FIFA being a prime example) to tend to send large numbers of cease- and-desist letters to potential 'ambushers.'
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