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Research On The Legal Problems Of Ambush Marketing In Sports Events

Posted on:2019-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:H Y TanFull Text:PDF
GTID:2416330548995091Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Ambush marketing refers to non-sponsor related marketing.The ambush marketing involves the economic cooperation between the organizers and the sponsors,the competition relationship between the sponsors and ambush marketers,the relationship between the organizers and the ambush marketers about the infringement of exclusive rights and interests,and the public interests.The ambush marketing behavior is detrimental to the interests of the organizers and sponsors of sports events,and indirectly affects the development of sports undertakings.It also has a direct loss to the national and public interests in the international events,which have important political significance,such as the Olympic Games.For the latter,relevant host countries often introduce special laws to regulate them.In the legal level,ambush marketing involves the problems of unfair competition,intellectual property right infringement and third-party infringement.In the case of the existence of special law,it also involves violations of administrative laws and regulations and special intellectual property rights infringement.This paper holds that the rule of the recessive marketing should be applied as a whole,that is,the greater the value of the public interest,the competition order and the interests of private law,the higher the protection of its sponsoring rights and interests,but only the sports sponsorship which is related to the interests of the state and the public interests should be given the special protection of the state,that is to say,The higher the state and public interest,the higher the state's interference.The two countries should be directly proportional to each other.The ambush marketing regulation in sports events should adopt three dimensional and multi-level legal regulation measures.That is,to formulate special law and perfect the regulation mechanism of secsecular law and integration,and to emphasize the regulation of the hidden marketing by the existing department law and the proper improvement of the various departments law for the general sports events which are not related to the state or public interests,and to perfect the specific regulation based on the principle of fair and equal private law and the public order and good customs.The relationship of all parties in stealth marketing.And special sports events,such as the upcoming winter games,which are related to major public interests and national interests,are regulated by special laws to fulfill international commitments and maintain public and national interests.
Keywords/Search Tags:Sports Events, Ambush Marketing, Principle of Proportionality, Anti Unfair Competition, IP infringement
PDF Full Text Request
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