FOR IP PROFESSIONALS

Ambush Marketing Legislation Review

What is Ambush Marketing?

'Ambush marketing' is a tactic by which a business seeks to capture, or leverage off, the goodwill surrounding an event for which it is not a sponsor.

Ambush marketing is said to give ambushers many of the benefits of association with an event without paying sponsorship fees. This is unfair to event organisers and sponsors as it reduces the value of sponsorship of an event.

The Review

In October 2007, IP Australia and the Department of Communications, Information Technology and the Arts released a report regarding the effectiveness and impact of the following pieces of Ambush Marketing Legislation (AML);

  • Chapter 3 of the Olympic Insignia Protection Act 1987 and;
  • the Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005

This legislation is intended to increase certainty in organising bodies' rights, promote confidence among sponsors and reduce the cost of protecting these entitlements.

The review considered positions of government, National Sporting Organisations (NSOs), and Athletes.

Findings

The review concluded that the impact of AML has been positive and the legislation has achieved its stated aims.

These positive impacts include:

  • Reducing financial burden on government to fund events, by allowing income to be raised from private sources.
  • Increase of funding to NSOs due to higher investment into key sporting events.

The AML has provided clarity regarding the organiser's rights. The evidence in the review suggests that these laws have been effective due the enhanced ability of the organisers to enforce their rights.

More Information:

For more information on the effectiveness and impacts of the AML:

Ambush Marketing Legislation Review [745KB]

Last Updated: 17/1/2013

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