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Following the approval by the Brazilian Congress (by means of a legislative decree in June 1984122) of the Nairobi Treaty on the Protection of the Olympic Symbol, the principles of the Nairobi Treaty have been incorporated in the Intellectual Property Law123 and the general sports Act, known as the Pelé Act.124 These provisions secures the Brazilian Olympic Committee (BOC) and the Brazilian Paralympic Committee (BPC) the exclusive use of registered trademarks and the right to use flags, slogans, anthems and Olympic and Paralympic symbols, as well as the expressions 'Olympic Games,' 'Olympics,' 'Paralympic Games' and 'Paralympics.'
Non-authorised use of registered trademarks is unlawful, as stated in article 189 of the Industrial Property Law.126 There is no need to prove that the reproduction of registered marks was made to gain eco- nomic advantage, since it does not require this purpose for the crime to be established.
Whereas most brands must seek to protect their intellectual property rights through the limited auspices of registered trademarks, design rights, or copyright and passing off claims, the London Act gives unprecedented powers to LOCOG to prevent ambush marketing at the 2012 Games.181 Such protection includes the following:
One observer has described the LOAR as 'an unusual beast-a time limited, sui generis right designed solely for economic reasons.'234 As mentioned, this right is infringed by the use without consent, in the course of trade, and in relation to goods and services, of any representation of any kind that is likely to suggest to the public that there is an association between the London Games and particular goods or services or a person providing them.235 As wide as the potential reach of these provisions appear to go, the London Act's protection is in places eclipsed by other such legislation (compare, for example, section 15A(2) of the South African Merchandise Marks Act, discussed in Sect. 4.4.5: While the London Act contains an exception to infringement of the LOAR in respect of existing registered trademarks,236 the Merchandise Marks Act extends its protection to also
(iv) in the case of a word or emblem (provided that the word or emblem is not being used in combination with other words or emblems with the intention of suggesting an association that breaches section 10), comprises the whole or part of the proper name of any town or road or other place in New Zealand; or the legal or trade name (not being used for the purpose of defeating the intention of the Act) of the person making the representation; or an existing registered trademark.277
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