On June 14, the Brazilian President sanctioned the new Brazilian General Sports Law (Law nº 14,597/2023).
The new law consolidates the existing Brazilian sports legislation and deals with important topics, including the topics of violence and discrimination in the sports.
In addition, it is worth noting that the new law also deals with marketing and advertising activities in relation to the sporting sector. In particular, Articles 170 and 171 of the new law, define what is meant by the term Ambush Marketing, and also set out the relevant criminal penalties for the offence.
As per the law Ambush Marketing by Association (Art. 170) is committed when someone:
“…discloses brands, products or services, in order to achieve economic or publicity advantage, through association with visibly distinctive signs, emblems, brands, logos, mascots, slogans, anthems and any other symbol of ownership of a sports organization, without its authorization or a person indicated by it, inducing third parties to believe that such brands, products or services are approved, authorized or endorsed by the sports organization that owns the violated rights”
Further, Ambush Marketing by Intrusion (Article 171) is committed when someone:
“Exposes brands, businesses, establishments, products or services or carries out promotional activities, not authorized by the owner sports organization or by a person indicated by it, attracting public attention in any way in the places where sporting events take place, in order to obtain economic or advertising advantage…”
The penalty for both crimes is possible imprisonment (3 months – 1 year) or a fine.
The new law makes clear that those who reproduce images of sporting events will be prohibited from doing so as a form of sponsorship, promotion, publicity or marketing activity.
If you would like to know more about how these topics could affect your business in Brazil, please get in touch with our experts.