The SAF Law and the Intellectual Property Dilemmas

In the universe of football, intellectual property rights can be exemplified from the marketing of club-related products and to the team; Licensing of Rights on Players Names and Images; and also the licensing of Game Transmission Rights. All of these examples demonstrate how the protection of intellectual property rights in this branch can prove challenging and complex.

In this sense, it is important to resort to what the law of the corporation of football (Law No. 14,193/2021), given its current one, provides on the subject.

The law aims, among other aspects, the promotion and development of activities related to the practice of football. In this sense, the legislation details that the corporate purpose of the Society of Football (SAF) may understand the activities of exploitation of intellectual property rights of ownership of the company or assignee, including those assigned by the club or original legal entity that constituted; as well as the exploitation of intellectual property rights of third parties, related to football (art. 1, § 2, items III and IV).

The standard also details that SAF may consist of the split of the club's soccer department or original legal entity, and transfer of its equity related to football activity, in which case the club or the legal entity Original and SAF shall hire, on the date of the Constitution, the use and payment of remuneration arising from the exploitation, by SAF, of intellectual property rights of ownership of the club or the original legal entity (art. 2, § 2, item II ).

The legislation still provides that the club or original legal entity may integrate its portion to the capital of the SAF by transferring its assets, such as name, brand, symbols, properties, records, Licenses, among others (art. 3). Thus, in cases where the formation of SAF capital is composed of amounts related to intellectual property rights, so that deliberations are approved on alienation, burden, assignment, conference, donation or disposition of any intellectual property rights conferred by the club or legal entity for the formation of the capital, such a deliberation must have an affirmative vote of at least 10% of the Company's ordinary class A shares (art. 2, paragraph 3, item I).

In this sense, it is possible to observe that the norm establishes rules and procedures to enable the circulation of intellectual property rights inherent to the club. However, the legal text seems to need complementation over time, since gaps and situations not covered by the legislator may emerge.

The main objective of the legislation, therefore, should be the provision of mechanisms that allow clubs and sports entities to protect their marks and actives of intellectual property, while ensuring that the sport is accessible , inclusive and promote loyal competition.

The legislative scenario is expected to evolve, so that regulation and protection to such rights will become even more expressive, considering their relevance to the identity of clubs and other elements of the football world. P>

Thus, it is essential that sports institutions, legislators and regulatory bodies work together to develop policies, guidelines and jurisprudence that properly balance the protection of intellectual property with the interests of those involved in the world of football. /P>