The optimistic message "Wishing success to the Beijing Olympic Games" on a package of fireworks turned out to be a legal misfire.

The naive attempt to tie a fireworks manufacturer in Hunan province to the Beijing Games resulted in an unspecified fine for violating Olympic intellectual property protection.

"Originally, I felt the fine was undeserved as our incentive was to show our enthusiasm for the Games," says the fireworks manufacturing boss who declines to be named. "However, after I learned the detailed regulations, I felt ashamed and became aware of the importance of the IPR."

Regrettable, many other companies with self-made Olympic tie-ins haven't realized their marketing activities are illegal and some are even doing so intentionally.

"Termed as 'ambush marketing', the illegal deeds of some non-Olympic-affiliated companies can be summed up in three ways," says Chen Feng, deputy director of marketing with the Beijing Organizing Committee for the Games of the 2008 Olympiad (BOCOG).

According to Chen, they are: establishing a false or unauthorized association with Olympic Games; infringing on the laws that protect Olympic images and emblems; and intentionally or unintentionally interfering with the marketing activities of legal sponsors.

The Chinese government has paid a great deal of attention to protecting Olympics intellectual property rights and a series of regulations have been issued since 2001. But as the Olympic Games draw near, cases of ambush marketing infringements are increasing.

"In 2007, the BOCOG transferred 700 cases that related to ambush marketing to the administration of industry and commerce, and other public security departments," says Ding Shuo, an official with the legal affairs department of the BOCOG. "The number has increased in the past two years."

Experts say they expect the situation to get worse as the opening day for the Games approaches.

"According to the experiences of previous Olympic Games, the climax of ambush marketing usually appears while the Games are being held. For Beijing a bigger challenge still lies ahead," says Michael Penn, the former marketing director of the International Olympic Committee (IOC).

The companies that are playing with ambush marketing are risking their credibility, says one official.

"Besides being sued, the companies might be criticized by the mass media," says Li Hong, the chief representative of IOC in Beijing. "They may leave a bad impression that will harm their brand image."

Adds Wei Jizhong, senior consultant with the BOCOG: "Some companies may take chances to benefit from ambush marketing, but the interest of the Olympic sponsors and the whole nation will be damaged. Such selfish companies should be blamed by the public."

"One significant attempt to fight ambush marketing is to make Chinese companies aware of the rules," says Li Hong.

Olympic organizers are also instituting a series of strict measures in Beijing to control abuse of Games marketing activities.

They include a ban on all non-Olympic national and international conferences in the city from August 1-September 23; tight restrictions on outdoor advertising; and monitoring of TV broadcasts for illegal Olympic-related advertising.

"We will immediately interrupt the broadcast of television signals if violations are found," says Li.

Athletes will also be under scrutiny to ensure their commercial endorsements are all Olympic-related.

"During the Olympic Games, no athletes can make advertisements for non-Olympic-affiliated companies. If discovered, athletes will be expelled from the games," says Michael Penn.

The IOC and the BOCOG will also organize a joint inspection team for brand protection in and around the stadiums and nearby areas.

 

(China Daily 03/17/2008 page9)

2013-07-17