De Simone & Partners S.p.A - Partnership Rights e Licencing nel Movimento Olimpico
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Partnership Rights e Licencing
nel Movimento Olimpico
Lucia Granieri
Avvocato e Consulente in Proprietà Industriale Marchi & Design
De Simone & Partners S.p.A.
Roma
Padova – 21 marzo 2017
Licensing nel mondo sportivo
I motivi che spingono le aziende ad investire cifre considerevoli in sponsorizzazioni
sportive:
• possibilità di accesso ad una piattaforma esclusiva, quella dell'evento sportivo,
contraddistinta da un rilevante carico emozionale, tanto ricercato da qualsiasi
sponsor.
• possibilità di associare il brand a un qualcosa di coinvolgente emotivamente, di
avvincente, di facilmente ricordabile da un pubblico = potenziale cliente.
• L’attività di licensing nel mondo Olimpico presenta specificità e vincoli del tutto
peculiari perché deve essere inserita in un «sistema» complesso gestito dal CIO.
• Disciplina: Carta Olimpica e Host City Contract
• Definizioni: Movimento Olimpico, Olympic Properties
Copyright © 2017 – All Rights Reserved 2
The Olympic Charter
IN FORCE AS FROM 2 AUGUST 2015
The Olympic Charter is the codification of the Fundamental Principles of Olympism,
Rules and Bye‐laws adopted by the International Olympic Committee (IOC). It governs the
organisation, action and operation of the Olympic Movement and sets forth the conditions
for the celebration of the Olympic Games. In essence, the Olympic Charter serves
three main purposes:
a) The Olympic Charter, as a basic instrument of a constitutional nature, sets forth and
recalls the Fundamental Principles and essential values of Olympism.
b) The Olympic Charter also serves as statutes for the International Olympic Committee.
c) In addition, the Olympic Charter defines the main reciprocal rights and obligations of
the three main constituents of the Olympic Movement, namely the International Olympic
Committee, the International Federations and the National Olympic Committees, as
well as the Organising Committees for the Olympic Games, all of which are required to
comply with the Olympic Charter.
Copyright © 2017 – All Rights Reserved 3
Olympic Charter
• Codification of the Fundamental Principles of Olympism, Rules and Bye‐laws adopted
by the International Olympic Committee (IOC).
• It governs the organisation, action and operation of the Olympic Movement and sets
forth the conditions for the celebration of the Olympic Games.
• In essence, the Olympic Charter serves three main purposes:
a) The Olympic Charter, as a basic instrument of a constitutional nature, sets forth and
recalls the Fundamental Principles and essential values of Olympism.
b) The Olympic Charter also serves as statutes for the International Olympic Committee.
c) In addition, the Olympic Charter defines the main reciprocal rights and obligations of
the three main constituents of the Olympic Movement, namely the International Olympic
Committee, the International Federations and the National Olympic Committees, as
well as the Organising Committees for the Olympic Games, all of which are required to
comply with the Olympic Charter.
Copyright © 2017 – All Rights Reserved 4
Olympic Movement
RULE 1 Paragraphs 1‐4
1.Under the supreme authority and leadership of the International Olympic Committee, the Olympic
Movement encompasses organisations, athletes and other persons who agree to be guided by the
Olympic Charter.
The goal of the Olympic Movement is to contribute to building a peaceful and better world by educating youth through sport
practised in accordance with Olympism and its values.
2.The three main constituents of the Olympic Movement are the International Olympic Committee
(“IOC”), the International Sports Federations (“IFs”) and the National Olympic Committees
(“NOCs”).
3.In addition to its three main constituents, the Olympic Movement also encompasses the Organising
Committees for the Olympic Games (“OCOGs”), the national associations, clubs and persons
belonging to the IFs and NOCs, particularly the athletes, whose interests constitute a fundamental
element of the Olympic Movement’s action, as well as the judges, referees, coaches and the other
sports officials and technicians. It also includes other organisations and institutions as recognised by
the IOC.
4. Any person or organisation belonging in any capacity whatsoever to the
Olympic Movement is bound by the provisions of the Olympic Charter and shall
abide by the decisions of the IOC.
Copyright © 2017 – All Rights Reserved 5
Rights over the Olympic Games and Olympic properties
RULE 7 Paragraphs 1‐3
1. As leader of the Olympic Movement, the IOC is responsible for enhancing the values of the Olympic
Movement and for providing material support in the efforts to organize and disseminate the Olympic Games,
and supporting the IFs, NOCs and athletes in their preparations for the Olympic Games.
The IOC is the owner of all rights in and to the Olympic Games and Olympic properties described in this Rule,
which rights have the potential to generate revenues for such purposes.
It is in the best interests of the Olympic Movement and its constituents which benefit from such revenues
that all such rights and Olympic properties be afforded the greatest possible protection by all concerned
and that the use thereof be approved by the IOC.
2. The Olympic Games are the exclusive property of the IOC which owns all rights relating thereto, in
particular, and without limitation, all rights relating to:
(i) the organisation, exploitation and marketing of the Olympic Games,
(ii) authorizing the capture of still and moving images of the Olympic Games for use by the media,
(iii) registration of audio‐visual recordings of the Olympic Games, and (iv) the broadcasting, transmission,
retransmission, reproduction, display, dissemination, making available or otherwise
communicating to the public, by any means now known or to be developed in the future, works
or signals embodying audio‐visual registrations or recordings of the Olympic Games.
3. The IOC shall determine the conditions of access to and the conditions of any use of data relating to the
Olympic Games and to the competitions and sports performances of the Olympic Games.
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Olympic Properties
RULE 7 Paragraph 4
• Visual ambassadors of Olympism
• The Olympic properties include the Olympic symbol as well as the Olympic flag, motto, anthem,
identifications (such as “Olympic Games” and “Games of the Olympiad”), designations*, emblems, the
Olympic flame and torches as defined in Rules 8‐14 below, may, for convenience, be collectively or
individually referred to as “Olympic properties”.
• * Any visual or audio representation of any association, connection or other link with the Olympic Games, the
Olympic Movement, or any constituent thereof.
• The Olympic properties have become iconic they are more than just “logos”. People around the world
associate them with the fundamental values of sport and of the Olympic Movement.
• The IOC benefits from special legal means to do this but it also relies on standard means of trademark
protection (Cfr. Trattato di Nairobi 26/9/1981 – IT1983), Corsia preferenziale nel riconoscimento della
acquisita distintività della dicitura CITY+YEAR).
• All rights to any and all Olympic properties, as well as all rights to the use thereof, belong exclusively to
the IOC, including but not limited to the use for any profit‐making, commercial or advertising purposes.
• The IOC may license all or part of its rights on terms and conditions set
forth by the IOC Executive Board.
Copyright © 2017 – All Rights Reserved 7Financing the Games
• The IOC and the organizations that make up the Olympic Movement are entirely
privately funded.
• Support from the business community is crucial to the staging of the Games and the
operations of every organization within the Olympic Movement.
• The Olympic Games are one of the most effective international marketing platforms in
the world, reaching billions of people in over 200 countries and territories throughout
the world.
• Revenue generated by commercial partnerships accounts for more than 40% of
Olympic revenues and partners provide vital technical services and product support to
the whole of the Olympic Family.
• Other revenues generated by: Broadcasting (IOC), Ticketing, Coin and Banknote, Stamp
Programmes (OCOG ‐ % IOC)
• Each level of sponsorship entitles companies to different marketing rights in various
regions, category exclusivity and the use of designated Olympic images and marks.
Copyright © 2017 – All Rights Reserved 8Financing the Games TOP Sponsorship program The IOC’s worldwide sponsorship program, the Olympic Partner (TOP) Programme, was established to enable longterm corporate partnerships of benefit to the Olympic Movement. The TOP Programme provides each worldwide partner with exclusive global marketing rights and opportunities within a designated product or service category. Consequently, the IOC must be able to protect the exclusivity granted to its partners, and needs to have the necessary means to prevent third parties from making any unauthorized association with the Olympic Games. The Host City, the Host NOC and the OCOG undertake to fully participate in the International Programme and to procure all such rights, with a view to assist the IOC Marketing Partners in achieving their goals and commercial objectives in the Host Country. Copyright © 2017 – All Rights Reserved 9
Marketing Programmes of the Organising Committees Under the direction of the International Olympic Committee (IOC), the Organising Committees (OCOGs) manage their own commercial programmes to support the staging of the Games. Contracts are negotiated directly by the OCOG and are generally limited to the four‐year Games period. OCOG marketing programmes incorporate: Olympic Games sponsorship and suppliership programmes (non‐competing product categories to the TOP sponsors) Olympic Games ticketing programmes Olympic Games licensing programmes Marketing programmes of the National Olympic Committees National Olympic Committees (NOCs) manage local sponsorship programmes in non‐ competing categories to the TOP sponsors that support their sports development activities and Olympic teams. These sponsorship programmes grant Olympic marketing rights within the NOC country or territory only. Olympic marketing programmes managed by the NOCs include: National Olympic sponsorship and suppliership programmes that operate within the home country of the NOC National Olympic licensing programmes. Copyright © 2017 – All Rights Reserved 10
LG1
18/ 09/15
Copyright © 2017 – All Rights Reserved 11Slide 11 LG1 Lucia Granieri; 18/03/2017
Corollario: Possibilità per TOP sponsors di stipulare accordi commerciali con con i NOCs ‐ Cfr. Coca Cola Toyota attualmente sponsor CONI Copyright © 2017 – All Rights Reserved 12
Copyright © 2017 – All Rights Reserved 13
By Law Rule 33 (Election of the Candidate City)
Paragraph 3.3.
The IOC enters into a written agreement with the host city and the host NOC of its
country.
At the discretion of the IOC, other local, regional or national authorities, as well as, if
relevant, other NOCs and local, regional or national authorities outside the host country,
may also be a party to such agreement.
Such agreement, which is commonly referred to as the Host City Contract, is executed by all
parties immediately upon the election of the host city.
HCC= CIO+CITTA’+NOC OCOG
OCOG is formed within 5 months following the execution of HCC (3.1. HCC)
Within one month after its formation intervenes as a party to the HCC (3.3. HCC)
Copyright © 2017 – All Rights Reserved 1419. Rights on the Games and Games‐Related Properties 19.1. In accordance with the Olympic Charter, the Host City, the Host NOC and the OCOG agree that the Games, including all competition events and other events and activities organised by the Host City, the Host NOC and/or the OCOG pursuant to this HCC, are the exclusive property of the IOC, who owns all rights, including Intellectual Property Rights, in relation thereto. All Intellectual Property Rights on the Olympic Properties as well as all rights to the use thereof, belong exclusively to the IOC, including the use for any exploitation or advertising purposes. 19.2. For the purposes of the planning, organising, financing and staging of the Games and on the basis of the rights and interests described in §19.1 above and as further detailed in §19.3 below, the IOC will allow the Host City, the Host NOC and/or the OCOG: a. to use and exploit certain existing creative elements, distinctive signs and others assets; and b. to create, use and exploit new creative elements, distinctive signs and others assets related to the Games (referred to below as “Games‐Related Properties” and further defined in Appendix 1), which shall be the sole property of the IOC and which the IOC shall license to the Host City, the Host NOC and/or the OCOG. 19.3. Nothing in this HCC shall limit the right of the IOC to grant to IOC Marketing Partners, Rights‐ Holding Broadcasters and other third parties the right to use and exploit Games‐Related Properties. Copyright © 2017 – All Rights Reserved 15
24. Commercial programmes conducted in relation to the Games 24.1. The OCOG shall join, and become a full party to, the Joint Marketing Programme Agreement executed between the Host City and the Host NOC prior to the execution of this HCC and which combines all of the marketing and commercial rights of the OCOG and the Host NOC for the period commencing on 1st January 2019 and ending on 31st December 2024. Copyright © 2017 – All Rights Reserved 16
24.2 The IOC and the OCOG shall execute a Marketing Plan Agreement not later than 31st December 2018, which shall govern all elements of the marketing plan to be developed by the OCOG in relation to the Games. No commercial activity in relation to the Games may be commenced by the Host City, the Host NOC or the OCOG (or any person or entity acting in their name or on their behalf) prior to the full execution of the Marketing Plan Agreement. The Host City, the Host NOC and the OCOG agree not to participate in, or allow (and the OCOG is responsible to ensure that the Host Country Authorities do not participate in, or allow) any marketing or commercial activities relating directly or indirectly to the Games, other than as expressly permitted by the Marketing Plan Agreement. Copyright © 2017 – All Rights Reserved 17
24.4. The IOC will implement an International Programme consisting of: a. a worldwide sponsorship programme currently known as the “TOP Programme” (and/or any other international Olympic marketing programme as decided by the IOC); b. a worldwide suppliership programme; and c. a worldwide licensing programme relating to the Games. The International Programme shall take precedence over all other commercial programmes developed in relation to the Games, including any programme developed pursuant to the Joint Marketing Programme Agreement and the Marketing Plan Agreement. Copyright © 2017 – All Rights Reserved 18
• 24.5. With regards to the commercial programmes implemented by the OCOG, in accordance with
§24.2. above, the OCOG shall pay to the IOC, in cash, the following amounts:
• a. in relation to the OCOG’s marketing programme, an amount equal to seven and a half percent
(7.5%) of the cash consideration and five percent (5%) of the value‐in‐kind or other forms of
consideration (e.g. goods or services), of all gross revenues derived from all contracts executed by
the OCOG pursuant to the Marketing Plan Agreement or containing any element of commercial
exploitation of the OCOG Marks or relating to the Games in any way;
• b. in relation to the OCOG’s ticketing programme, an amount equal to seven and a half percent
(7.5%) of the gross revenues generated from all forms of ticket sales pertaining to the Games;
• c. in relation to the Olympic coin and banknote programmes of the Host Country, a share of the
revenues generated by such programmes, to be determined in the Marketing Plan Agreement but,
in principle, three percent (3%) of the face value of coins and banknotes from the circulating
programme and three percent (3%) from the commemorative programme of the price to dealers of
all coins and banknotes where the mint has no retail operations (and if the mint has retail
operations three percent (3%) of the retail price); and
• d. in relation to the Olympic stamp programme of the Host Country, a share of the revenues
generated by such programmes, to be determined in the Marketing Plan Agreement but, in
principle, one percent (1%) of the retail sales value (gross sales) of all stamps within the programme
sold for collection, and of all value‐added philatelic products (such as postal numismatic products,
prestige booklets, albums, collections etc.).
Copyright © 2017 – All Rights Reserved 19Conclusioni L’attività di Licencing nel Movimento Olimpico è del tutto peculiare in quanto è inserita in un complesso e ben organizzato “Sistema” gestito al vertice dal CIO, titolare esclusivo di tutti I diritti che ineriscono ai Giochi Olimpici. L’attività di licencing, relativa ad una Olimpiade è soggetta alle regole della Carta Olimpica e alle clausole del Host City Contract che pongono dei vincoli ben precisi L’attività di licencing del Organizzatore e del Comitato Nazionale della Città Ospitante deve essere armonizzata a livello locale (JMPA e Marketing plans) e deve essere armonizzata con l’attività di Licencing del CIO a livello internazionale (Top Marketing Programme) per massimizzare i profitti legati ai Giochi. Sistema piramidale con diversi livelli di partnership. Il Top Marketing Programme (Top Sponsors) del CIO prevale sui programmi locali in primis non è consentita la sovrapposizione merceologica degli sponsor a livello TOP e degli sponsor a livello locale. Copyright © 2017 – All Rights Reserved 20
Rule 40
• Sponsorizzazione personali degli atleti (e dei partecipanti ai Giochi) disciplinata dalla
Rule 40.
• Nuove Guidelines Rio 2016.
• Vecchia previsione: Cessare durante il periodo Olimpico (9 gg prima – 3 gg dopo,
cerimonia apertura e chiusura).
• Malcontento fra gli atleti: movimento dal basso foriero di cambiamento.
• A partire da Giochi di Rio 2016 sponsorizzazione consentita anche durante il PO a
condizione che:
‐ Atleta notifichi al proprio NOC propri sponsor personali.
‐ Venga sottoposta al proprio NOC campagna pubblicitaria in atto.
‐ Non esuli sponsorizzazione personale atleta; Non si crei associazione con Giochi
Olimpici; Riferimento a partecipazione atleta Olimpiadi non preminente e meramente
fattuale.
‐ Se preventivamente autorizzata, può proseguire tal quale è no intensificazione
durante Olimpiadi (verifica del marketing plan).
Copyright © 2017 – All Rights Reserved 21Rule 40 Copyright © 2017 – All Rights Reserved 22
Copyright © 2017 – All Rights Reserved 23
Grazie per l’attenzione!
lgranieri@desimonepartners.com
Via V. Bellini, 20 – 00198 Roma
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