Cape Town: 2010 FIFA World Cup™ BY- LAW   2010 FIFA WORLD CUP™ HOST CITY: CAPE TOWN PRESENTATION TO CCID
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;” LEGAL CONTEXT LEGAL CONTEXT
The purpose of this By-Law is to enable the City during the term to : Regulate Advertising Administer Controlled Access Sites Regulate Special Events and the Administer, Manage and Maintain neatness of Public Open Spaces Adopt appropriate Traffic Guidance, Management and Control Measures Regulate Street Trading The term of this By-Law : During the Final Draw and for a period up to two weeks prior to the Final Draw and up to two weeks after 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 PURPOSE 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 CONTENT OF THE BY-LAW CONTENT OF THE BY-LAW
ADVERTISING
ADVERTISING FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  The thrust of this chapter is to : Manage Ambush Marketing and Unlawful Advertising Ensure safety through regulating design, construction (SABS Standard)  and Placement Maintenance Removal and impoundment of signs At controlled access sites, exclusion zones, etc.
FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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 RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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?
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM 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 RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Liaise with stadium security re. removal of prohibited  marketing items
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM Assist Venue Manager where required in  removing prohibited marketing items (banners etc. )  inside the stadium
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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.
RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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 RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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  ACCESS SITES
CONTROLLED ACCESS SITES CONTROLLED ACCESS SITES FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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 FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 
PUBLIC PLACES  AND CITY  BEAUTIFICATION
PUBLIC PLACE & CITY BEAUTIFICATION PUBLIC PLACES AND  CITY BEAUTIFICATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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 ROADS AND TRAFFIC GUIDANCE
PUBLIC ROAD AND TRAFFIC GUIDANCE PUBLIC ROAD AND TRAFFIC GUIDANCE FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Restrict the right to use demarcated spaces in controlled  access sites for FIFA special travel groups E.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 FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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  FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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 FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 
THANK YOU DANKIE ENKOSI

By Law Presentation Lesley De Reuck

  • 1.
    Cape Town: 2010FIFA World Cup™ BY- LAW 2010 FIFA WORLD CUP™ HOST CITY: CAPE TOWN PRESENTATION TO CCID
  • 2.
    Host City AgreementStadium 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;” LEGAL CONTEXT LEGAL CONTEXT
  • 3.
    The purpose ofthis By-Law is to enable the City during the term to : Regulate Advertising Administer Controlled Access Sites Regulate Special Events and the Administer, Manage and Maintain neatness of Public Open Spaces Adopt appropriate Traffic Guidance, Management and Control Measures Regulate Street Trading The term of this By-Law : During the Final Draw and for a period up to two weeks prior to the Final Draw and up to two weeks after 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 PURPOSE OF THE BY-LAW
  • 4.
    The By-law coversfive specific areas which relate to: Advertising Controlled Access Sites, Public Open Spaces and City Beautification, Public Roads and Traffic guidance Street Trading Miscellaneous provisions CONTENT OF THE BY-LAW CONTENT OF THE BY-LAW
  • 5.
  • 6.
    ADVERTISING FOR HOSTCITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  The thrust of this chapter is to : Manage Ambush Marketing and Unlawful Advertising Ensure safety through regulating design, construction (SABS Standard) and Placement Maintenance Removal and impoundment of signs At controlled access sites, exclusion zones, etc.
  • 7.
    FOR HOST CITYCAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 8.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 9.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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?
  • 10.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM Work closely with a network of law enforcement officers
  • 11.
    Tackle ambush activityin vicinity of stadium Patrol outside stadiums, enforcing “Controlled Area” restrictions Identify and confiscate counterfeit merchandise RIGHTS PROTECTION PROGRAM RIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 
  • 12.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM Liaise with stadium security re. removal of prohibited marketing items
  • 13.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM Assist Venue Manager where required in removing prohibited marketing items (banners etc. ) inside the stadium
  • 14.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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.
  • 15.
    RIGHTS PROTECTION PROGRAMRIGHTS PROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 16.
    LEGAL FRAMEWORK RIGHTSPROTECTION PROGRAM FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 17.
  • 18.
    CONTROLLED ACCESS SITESCONTROLLED ACCESS SITES FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 19.
    EVENT FOOTPRINT FORHOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 
  • 20.
    PUBLIC PLACES AND CITY BEAUTIFICATION
  • 21.
    PUBLIC PLACE &CITY BEAUTIFICATION PUBLIC PLACES AND CITY BEAUTIFICATION FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 22.
    PUBLIC ROADS ANDTRAFFIC GUIDANCE
  • 23.
    PUBLIC ROAD ANDTRAFFIC GUIDANCE PUBLIC ROAD AND TRAFFIC GUIDANCE FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  Restrict the right to use demarcated spaces in controlled access sites for FIFA special travel groups E.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
  • 24.
  • 25.
    STREET TRADING STREETTRADING FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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
  • 26.
  • 27.
    MISCELLANEOUS MISCELLANEOUS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010  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)
  • 28.
  • 29.
    THE PROCESS THEPROCESS FOR HOST CITY CAPE TOWN FIFA WORLD CUP SOUTH AFRICA 2010 
  • 30.