On 21 July 2023, the Department of Sport, Arts and Culture hosted an activation event for members of the media. This event took place exactly before the start of the first ever Netball World Cup on the African continent (Cape Town will be the host city). The aim of this event was to build hype and excitement around the tournament. Three days later, the Minister of Trade, Industry and Competition, Ebrahim Patel, declared by way of general notice 1924 of 2023, that the 2023 Netball World Cup as a “protected event” according to section 15A of the Merchandise Marks Act of 1941.
Section 15A states that:
“15A. Abuse of trade mark in relation to event
(1) (a) The Minister may, after investigation and proper consultation and subject to such conditions as may be appropriate in the circumstances, by notice in the Gazette designate an event as a protected event…
(2) For the period during which an event is protected, no person may use a trade mark in relation to such event in a manner which is calculated to achieve publicity for that trade mark and thereby to derive special promotional benefit from the event, without the prior authority of the organiser of such event.
(3) For the purposes of subsection (2), the use of a trade mark includes-
(a) any visual representation of the trade mark upon or in relation to goods or in relation to the rendering of services;
(b) any audible reproduction of the trade mark in relation to goods or the rendering of services; or
(c) the use of the trade mark in promotional activities, which in any way, directly or indirectly, is intended to be brought into association with or to allude to an event.”
This particular section addresses ambush marketing and prevents brands from unlawfully promoting themselves without having invested any capital into using trade marks associated with the Netball World Cup. The world cup is a major event, and it provides brands with opportunities to make themselves more visible and to promote their goods and service on a world stage. These brands invest a lot of money in order to use these exclusive trade marks which comprise intellectual property rights (IPRs). An example is the official World Netball logo that will feature on a lot of the World Cup merchandise including team kits.
Source : https://netball.sport/
Another intellectual property right that can be seen is the official ball used during the tournament. The Gilbert Quantum 5 described as a newly developed international level netball that will give players the best performance out on the court. The new developments on the ball can be subject to a patent. However, such developments must also be inventive. The design of the ball itself can be protected either as an aesthetic design and/or a functional design.
Source : https://netball.sport/
The team kit of the South African team was revealed on 21 March 2023, International Women’s Day. The kit itself can qualify for protection as an aesthetic design. See the requirements for design registration via this link aesthetic design.
Source: https://www.sabcsport.com/news/spar-proteas-announce-new-kit-ahead-of-netball-world-cup-2023
Section 29 of the Consumer Act also protects event sponsors and states that: “A producer, importer, distributor, retailer or service provider must not market any goods or services… in a manner that is misleading, fraudulent or deceptive in any way, including in respect of the sponsoring of any event…”. So, while you enjoy the world cup, we hope that you will be looking out for these IPRs and seeing how they apply to your business. Tshaya Mashabela Attorneys will assist you to register your IPRs and in developing a commercialisation strategy that is compatible with your business model.
Written by: Tumelo Mashabela – Director Patent Attorney @Tshaya Mashabela Attorneys
