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Dear Blaž, We often tend to assume that FIFA is an international organisation, with branches everywhere (the four FAs, and the 200 something other federations/associations). The reality is very different: FIFA is a body of its own, now headquartered in Switzerland, and all the Associations / federations are independent bodies, which have decided to join FIFA (and can leave whenever they want to). The situation is not very different from Universities or Department deciding to join/leave UACES. Any relationship that FIFA has with its members is a two-way relationship. FIFA does not make laws, it only has rules, which are _(in fine)_ decided by members. Most FIFA members want to take part in the World Cup(s) & other international competitions, so they adhere to these rules and stay within FIFA. So: * Clearly, I cannot see how any federation / association would have any possibility to act for FIFA (unless there are agreements we don't know). * Also, FIFA does not need to be registered in a country to be able to defend its intellectual property (IP) rights in that country; that is what international treaties on IP are for. (In any case, they could fairly simply register a branch in most countries, if needs be.) * The 'duty' to report any ambush activity would need to be a FIFA rule taken by members - why would they? It would, of course, not be legally binding for the federation / association either. * You need to consider whether the ambush is really to the detriment of FIFA (it isn't always) and do a cost/benefit assessment of any legal action. The FIFA model is very interesting because it shows some of the problems of a multinational company / franchise (of a fairly small size), especially when their rules contradict local law. If I am not mistaken, federations / associations are still strongly discouraged to use their country's jurisdictions to solve any problem/issue. This largely explains why rules which were (and may still be) illegal in many countries (on transfers, employment contracts etc.) could last for so long. FIFA is by & large an "Unidentified Political Object" & an "Unidentified Corporate Object" which would deserve thorough analysis of its structures, modes of functioning etc. (I bet they would then appear to resemble most closely international Trade Unions: cf ICEM, or international industry federations: cf FIIM). These are just my (very belated) thoughts. I may be wrong - just let me know. D. _____ From: Sport and the European Union [mailto:[log in to unmask]] On Behalf Of Blaž Bolcar Sent: 24 August 2010 18:13 To: [log in to unmask] Subject: [SPORTANDEU] ambush markting; FIFA Dear All, I would like to ask you for your opinion on a problem a bumped into today. When talking to marketing director of Slovenian Football Federation about SFF taking any action against ambush marketing activity in Slovenia (i was refering to the ambusher who (ab)use FIFA IP rights - logos, images, wording), I was shocked that they (SFF) do not take any action against such activity. Their argument is that they are not authorised to do anything. My next thought was that they should be at least obliged to report such activity to FIFA, but once again the answer was negative. I find it quite impossible to be true, bacuse if it was FIFA could effectively excercise its anti ambush activity only in Switzerland. I am pretty much sure that national football federations have a duty to report all ambush mkt activities to FIFA (and then it is up to them how will they react - especially about Slovenia which is not a big market). Does anyone have any experience or thought about it? Thank you and have a nice day, Blaž Bolcar strokovni sodelavec Odvetniška pisarna/Law Office Bolcar Ul. IX. korpusa 46 5250 Solkan, Slovenija E: T: +386 40 455 677 F: +386 5 335 13 73 __________________________ To elektronsko sporocilo in vse morebitne priloge so poslovna skrivnost in namenjene izkljucno naslovniku. Ce ste sporocilo prejeli pomotoma, Vas prosimo, da obvestite posiljatelja, sporocilo pa takoj unicite. Kakrsnokoli razkritje, distribucija ali kopiranje vsebine sporocila je izrecno prepovedano. Ni nujno, da to sporocilo odraza uradno stalisce druzbe. This e-mail and any attachments may contain confidential and/or privileged information and is intended solely for the addressee. If you are not the intended recipient (or have received this e-mail in error) please notify the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden. This e-mail may not necessarily reflect the offical viewpoint of the company. Sport&EU, The Association for the Study of Sport and the European Union can be found at http://www.sportandeu.com Sport&EU, The Association for the Study of Sport and the European Union can be found at http://www.sportandeu.com