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Journal of Intellectual Property Law & Practice Advance Access originally published online on March 5, 2008
Journal of Intellectual Property Law & Practice 2008 3(5):327-333; doi:10.1093/jiplp/jpn033
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© The Author (2008). Published by Oxford University Press. All rights reserved

The W***D C*P of 2*1*: FIFA's intellectual property rights in South Africa

Roshana Kelbrick *

Legal context: This article focuses on the relationship between trade mark rights and other forms of statutory protection.

Key points: FIFA is the proprietor of a number of trade mark registrations in South Africa. The strength of these registrations is discussed and the view taken that a number are open to attack, in terms of both distinctiveness and user requirements. It is then shown that, if statutory protection is given for the same words and phrases, the weaknesses of the trade mark registrations will be avoided.

Practical significance: The article serves as an illustration of the manner in which international sporting bodies attempt to extend their IP protection beyond the bounds of existing legislation.

Key Words: Section 15 of the South African Merchandise Marks Act 17 of 1941 gives the trade marks of designated international organizations protection that may far exceed what is available in terms of trade-mark legislation. • This article sets out the various statutes that protect FIFA's marks in South Africa and considers whether these marks are entitled to such extended protection

* Department of Mercantile Law, University of South Africa, Pretoria.


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