LAW43215: ADVANCED ISSUES OF INTERNATIONAL INTELLECTUAL

Posted: July 7th, 2022

LAW43215: ADVANCED ISSUES OF INTERNATIONAL INTELLECTUAL PROPERTY
LAW
Summative Essay Title
May/June 2023
Answer ONE of the following:
EITHER:
1. Geographical indications (GIs) have been paid more and more attention by the
governments of various countries around the world.
Critically discuss whether countries should follow the EU approach to GI protection or
just that required under the TRIPs agreement.
OR:
2. ‘The law as it now stands seems unable to accommodate the concerns of official
corporate sponsors. There is no limit to human ingenuity. As such, ambush
marketing at the margins will arguably always occur.’
Curthoys & Kendall. “Ambush Marketing and the Sydney 2000 Games
(Indicia and Images) Protection Act: A Retrospective”
[2001] MurdochUeJlLaw 10; (2001) 8(2) Murdoch University Electronic Journal of Law
Critically discuss this statement.
Word Limit: 3,000 words
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The law as it now stands seems unable to accommodate the concerns of official corporate sponsors. There is no limit to human ingenuity. As such, ambush marketing at the margins will arguably always occur.’ Critically discuss this statement.

When discussing this statement, it’s important to first define what ambush marketing is. Ambush marketing refers to a marketing strategy where a company or brand attempts to associate itself with a particular event or property, without being an official sponsor or without paying for the rights to do so. This can be done in various ways, such as using similar branding or logos, using related keywords in advertising, or using celebrity endorsements.

The concern of official corporate sponsors is that they have paid a significant amount of money to secure the exclusive right to associate their brand with a particular event or property, and that ambush marketing by other companies could dilute their investment and impact their ability to achieve their marketing objectives.

In response to this concern, many countries have introduced legislation to protect the rights of official corporate sponsors and prevent ambush marketing. For example, in Australia, the Sydney 2000 Games (Indicia and Images) Protection Act was introduced to protect the official sponsors of the Sydney 2000 Olympics from ambush marketing. Similar laws have been introduced in other countries for other major events such as the FIFA World Cup and the Olympic Games.

However, as the statement suggests, there is no limit to human ingenuity and companies may still find ways to engage in ambush marketing, even with these laws in place. For example, a company might not use any branding or logos associated with the event, but instead create an advertising campaign that references the event indirectly or uses a related theme.

Another issue with laws protecting official corporate sponsors is that they can potentially limit freedom of expression and the ability of other companies to engage in legitimate commercial activities. This is particularly relevant in cases where the event or property in question has significant cultural or historical importance, and it can be argued that it should be accessible to all members of society, not just those who have paid for the right to associate with it.

In conclusion, while laws protecting official corporate sponsors have been introduced in many countries, it is unlikely that they will completely eliminate ambush marketing. There will always be creative ways for companies to associate themselves with an event or property without paying for the rights to do so. It is therefore important for lawmakers to strike a balance between protecting the investment of official corporate sponsors and ensuring that legitimate commercial activities are not unduly restricted.