매복 광고 심의 제도 도입에 대한 제안

Abstract

Major events organizers, such as IOC or FIFA etc., have to secure financial resources to host mega events. Success of major global events are greatly dependent on sponsors. During these golden marketing times, severe conflicts between official sponsors and ambush marketers would happen. Ambush marketing creating a high level of recall or recognition of major events is blamed as it dilutes marketing effects of official sponsors which paid huge amount of money or goods. Although ethically worthy of being blamed, not all ambush marketing can be legally regulated. According to prior studies, copyright law, trademark law, and unfair competition law are not that effective to protect intellectual property of event organizers, so many foreign countries which host mega events tend to legislate special acts to protect interests of event organizers and official sponsors from ambush marketing. Even in our country, so called, a special act of the 2018 Pyeongchang Olympic act was enacted. However, it is proved that ambush marketing cannot be properly deterred from this act. Considering all the interests between major event organizers and their official sponsors and ambush marketers, this study suggests a deliberation system on ambush marketing. To implement this system, laws on prevention of ambush marketing are needed to be enacted or revised. Draft bills are required to contain following content: Minister of the Ministry of Culture, Sports and Tourism designates lists of major events and their clean periods when ambush marketing will be prevented, and also designates a representative organization to conduct a deliberation committee of ambush marketing. The entrusted committee shall formulate and publicly announce guidelines on ambush marketing in detail and reasonable rules concerning deliberation on ambush marketing which will be accomplished during the certain periods. Especially it is desirable that the committee appoints around 20 deliberating members including lots of ordinary people/consumers to judge possibility of recall, recognition, or confusion. In 2018, the winter olympic games will be held in PyeongChang in Korea. Ambush marketing is also expected during this period. It is recommended that deliberation system of ambush marketing be tried for this event. Once this system is proved to be successful, it is expected to be wide spread overseas.