By Law Presentation Lesley De Reuck

Cape Town:2010 FIFA World Cup™BY- LAW

2010 FIFA WORLD CUP™ HOST CITY: CAPE TOWN PRESENTATION TO CCID

LEGAL CONTEXT

LEGAL CONTEXT

• Host City Agreement• Stadium Use Agreement

“6.13.2.4 enact, upon FIFA’s instructions and in full co-operation with FIFA and the LOC, appropriate municipal by-laws and/or ordinances and/or regulations which may be required, inter alia, to support national governmental legislation prohibiting any act of Ambush Marketing and/or any unauthorised use of the Competition Marks, including, without limitation, by-laws and/or ordinances and/or regulations which permit FIFA’s authorised representatives to immediately confiscate any materials and/or halt any activities which constitute an act of Ambush Marketing or which infringe upon the Competition Marks. Such municipal by-laws or ordinances shall be enacted no later than nine (9) months after the selection of the Host City by FIFA;”

PURPOSE OF THE BY-LAW

The purpose of this By-Law is to enable the City during the term to :

a) Regulate Advertisingb) Administer Controlled Access Sitesc) Regulate Special Events and the Administer, Manage and Maintain neatness of

Public Open Spacesd) Adopt appropriate Traffic Guidance, Management and Control Measurese) Regulate Street Trading

The term of this By-Law :

a) During the Final Draw and for a period up to two weeks prior to the Final Draw and up to two weeks after

b) During the period of the competition and for a period of 2 weeks immediately prior to the first match and up to two weeks following the final match

CONTENT OF THE BY-LAW

CONTENT OF THE BY-LAW

• The By-law covers five specific areas which relate to:

– Advertising– Controlled Access Sites, – Public Open Spaces and City Beautification, – Public Roads and Traffic guidance– Street Trading– Miscellaneous provisions

ADVERTISING

ADVERTISING

FOR HOST CITY CAPE TOWNFIFA WORLD CUP SOUTH AFRICA 2010

The thrust of this chapter is to :

1. Manage Ambush Marketing and Unlawful Advertising2. Ensure safety through regulating design, construction (SABS Standard)

and Placement1. Maintenance2. Removal and impoundment of signs

At controlled access sites, exclusion zones, etc.


Virgin Active gym – to be included inside but City should speak with owners to explain

Old Fire Station – potential to be purchased and create RPP risk

Proposed tennis centre – currently sports fields

Sea Point Civic Centre

Police station

Residential apartments (low RPP risk) but cafes and restaurants along the sea front could attract many spectators and, therefore, attractive for ambush activities

Proposed new line of the Exclusion Zone – red dotted line.

Hotel school – low risk

V&A Waterfront mall – major tourist attraction – large risk of ambush activities

Hospital

McDonald’s restaurant – formerly carved out of the Zone. We recommend it is included inside the Zone.

Proposed parking on the grass central reservations of the road – vulnerable to ambush – request that they are inside the Zone

BMW dealership

RIGHTS PROTECTION PROGRAM



•Establishment and policing of Stadium Perimeter, enforcement of anti-ambush marketing laws•Support from local authorities necessary to guard against illegal merchandise and illegal association




•To minimise any and all infringement or encroachment of FIFA’s marketing rights, particularly those which have been contractually granted to the Official Partners, Official Suppliers and Licensees.

How will this be achieved?



• Work closely with a network of law enforcement officers




• Tackle ambush activity in vicinity of stadium

• Patrol outside stadiums, enforcing “Controlled Area” restrictions

• Identify and confiscate counterfeit merchandise



• Liaise with stadium security re. removal of prohibited marketing items



• Assist Venue Manager where required in removing prohibited marketing items (banners etc. ) inside the stadium




•Monitor Public Viewing “Fan Fest” areas for ambush activities wherever possible. •Local authority law enforcement teams in these areas to monitor and coordinate

NOTE: The City of Cape Town is contractually obliged in the Host City Agreement to participate in RPP team.




•RPP is the protection of the Commercial Affiliates rights of association with the event•Review of applicable laws with regards to trademark registration, IP protection, unfair competition•Determine the best legal approach to protecting the rights of association and anti-counterfeiting

LEGAL FRAMEWORK



•In South Africa the appropriate legal mechanisms include:

•“Protected Event Status” under the Merchandise Marks Act

•National Government Guarantees (Rights protection)

•Special Measures Act, 2006 to give effect to the guarantees

•2010 By-Law

•City’s other applicable by-laws

CONTROLLED ACCESSSITES

CONTROLLED ACCESS SITES

CONTROLLED ACCESS SITES


• the stadium; • official events; • areas where accreditation is required for entry; • accreditation centres;• official training sites;• team hotels;• the official hotels for the FIFA delegation;• FIFA fan parks; and• Any other area designated as a Controlled Access Site

EVENT FOOTPRINT


PUBLIC PLACES ANDCITY BEAUTIFICATION

PUBLIC PLACE & CITY BEAUTIFICATION

PUBLIC PLACES AND CITY BEAUTIFICATION


City Beautification• Appeal that major construction sites are beautified• Request the suspension of building works in controlled access sites

Public Places• Nuisance provisions• Access restriction• Waste management• Vegetation and animals• General use

PUBLIC ROADSAND TRAFFICGUIDANCE

PUBLIC ROAD AND TRAFFIC GUIDANCE

PUBLIC ROAD AND TRAFFIC GUIDANCE


• Restrict the right to use demarcated spaces in controlled access sites for FIFA special travel groupsE.g. VIPs; teams; match officials, referees,

the FIFA delegation; members of the LOC delegation; commercial affiliates; broadcast rights holders; FIFA guests; service providers; media and the media shuttle service

• Restrictions with regard to parking

• Authorised security officials (instruct removal of vehicles, refrain from using of Public Roads

• Road closure action

STREET TRADING

STREET TRADING

STREET TRADING


• Approval to Trade

• General Conduct

• Cleanliness

• Regulations – Controlled Access Site, Exclusion Zone, Restricted Area, prohibited area, verge near an autobank, verge near a heritage resource, buildings occupied by the state or city, places of worship etc.

• Prohibition to persons under 16 years

MISCELLANEOUS

MISCELLANEOUS

MISCELLANEOUS


• Powers of entry to inspect premises

• Access rights and restrictions on Controlled Access Sites to be regulated by Accreditation and Ticketing

• Instructions by authorised officials in respect of public open spaces

• Search and seizure powers of the City on public roads and in respect of contraventions of Street Trading

• Offences and penalties (a fine not exceeding Ten Thousand Rand (R10 000, 00) or in default of payment to imprisonment for a period not exceeding six (6) months)

THE PROCESS

THE PROCESS

THE PROCESS


THANK YOUDANKIEENKOSI

By Law Presentation Lesley De Reuck

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