Fair use for 2010 phrases
Lavinia Mahlangu
5 February 2008The Department of Trade and Industry has granted the media fair use of phrases relating to the 2010 Fifa World Cup, which are now protected by intellectual property rights.
Entitled "Prohibition on the use of certain words and emblems for the 2010 Fifa World Cup South Africa", the legally binding notice falls under the Merchandise Marks Act of 1941, and prevents the commercial use of certain words, letters, emblems, devices and numerals by parties other than those officially involved with the World Cup.
"The prohibition does not apply to the media, provided reportage is fair and not imbued with business enterprising," reads Trade and Industry Minister Mandisi Mpahlwa's notice on the terms of use and list of protected phrases and images in the latest Government Gazette.
"The prohibition only applies to activities connected to the 2010 Fifa World Cup South Africa in the area of Football or Soccer 2010 Fifa World Cup," the notice states.
The measures seek to protect Fifa's intellectual property rights and identify genuine merchandise and official events organised by the South African government, Fifa and their affiliated partners and sponsors.
Prohibitions also pertain to the 2009 Confederations Cup, another Fifa-owned event to be hosted by South Africa, and seen by many as a dry run for the international spectacle. Confederations Cup matches will take place at some of the venues to be used for the 2010 tournament.
These prohibitions are, however, not permanent and will expire six months after the last game of the 2010 tournament. This is in line with the Special Measures Act of 2006 and the government notice declaring the 2010 Fifa World Cup South Africa a "protected event".
Protected phrases include: 2010 Fifa World Cup South Africa, World Cup 2010, RSA 2010, Football World Cup, Fifa World Cup, South Africa 2010, SA 2010, 2010 Fifa World Cup, Africa 2010, Soccer World Cup, World Cup, South Africa World Cup, World Cup South Africa, 2010, Twenty Ten, Confederations Cup, Win in Africa for Africa, and Football for a better world.
The law also protects host cities' names together with the phrase 2010. These include Cape Town 2010, Bloemfontein 2010, Mangaung 2010, Durban 2010, Johannesburg 2010, Mbombela 2010, Polokwane 2010, Pietersberg 2010, Port Elizabeth 2010, Nelson Mandela Bay 2010, Pretoria 2010, Tshwane 2010 and Rustenburg 2010.
Images that are protected include the official logo of the 2010 World Cup, both in its entirety as well the individual elements that make up the logo, official posters, mascots and other related imagery.
Source: BuaNews
