As a multinational company with extensive Olympic experience, it has become the practice of Omega Switzerland Ltd, an IOC Global Partner since 1932, to select and engage the legal services team of the country in which the event will be held. So what are the special requirements for Olympic partner legal services?

 

Global Partner - Omega

 

    The International Olympic Committee (IOC) has very strict rules regarding the use of the Olympic Games for marketing purposes. There are many levels of sponsors for the Olympic Games, and one of the highest marketing priorities for the Olympic Games is the Worldwide Olympic Partners, also known as the “TOP Program”. Worldwide Olympic Partners is a program in which the IOC selects the most famous companies from all over the world as official partners of the IOC. The program operates every four years, and each cycle includes one Winter Olympic Games and one Summer Olympic Games. OMEGA is one of the 13 Global Partners for the Beijing Winter Olympics.

 

Global Partner Legal Protection Needs

 

    However, for the hidden market, also known as “hidden marketing”, the specific meaning of the practice there are many ambiguities, from the provisions of Article 32 of the Contract, the purpose of preventing the hidden market is to ensure that the host country does not have any other impact on the Olympic Games market development plan for market development, advertising or promotional programs. Emphasis is placed on the importance of exclusive protection of the rights granted to Olympic sponsors and other commercial partners by the host city, the NOC and the Organizing Committee of the Olympic Games. Hidden market behavior not only includes unauthorized use of event intellectual property rights and other illegal acts, but also includes the adoption of marketing and publicity linked to the event and event sponsors, or infringement of the exclusive rights and interests of the sponsors, which in essence is to prevent non-sponsored enterprises from using the event to “rub off on them” and engage in unfair competition. In the Guidelines for the Protection of the Rights and Interests of the Beijing 2022 Olympic and Paralympic Winter Games issued by the Beijing Organizing Committee for the Winter Olympics, “hidden marketing” is defined as “the act of intentionally or unintentionally creating false or unauthorized commercial links with the Olympic Movement, the Olympic Games and the Paralympic Games”, and it is proposed to use the Guidelines for the Protection of the Rights and Interests of Sponsors to prevent non-sponsored enterprises from taking advantage of the event to “rub off” on them. “It also proposes to use the Anti-Unfair Competition Law to stop the use of Olympic elements to create confusion about the sponsorship or support relationship with the right holder.

 

    In addition to the hidden market, which may infringe on the right to goodwill, many foreign sponsoring enterprises may also encounter other legal problems in the event host country, for example, intellectual property rights may be subject to unlawful infringement or unfair competition; in the process of providing services for the event, contractual disputes may occur with logistics, customs clearance and other enterprises in the event host country; in order to provide services for the Olympics, it is necessary to import and use high-precision equipment, which, if damaged or lost, may involve a contractual obligation. If these equipments are damaged or lost, it may involve legal issues such as breach of contract or infringement of property rights. In addition, the personnel of foreign enterprises stationed in the host country may also encounter legal disputes or troubles during the service period of the Winter Olympics, such as traffic accidents, personal property loss, and even criminal problems, which cannot be prepared and prevented in advance. These intricate legal issues require that the legal support team needs to have comprehensive qualities and service capabilities, not only to be able to communicate with clients in foreign languages, but also to provide the ability to deal with legal issues in various fields.

 

 

 

    The International Department of Beijing Declaration Law Firm brings together a group of complex practicing lawyers who are fluent in English and Spanish and familiar with domestic and international legal systems and international practices. At the same time, the firm also has criminal, commercial and fiscal legal teams that can provide strong back-up support and contribute their efforts to serving the Olympic Games under the rule of law.