The Confederation takes action against ambush marketing
On Wednesday, the Federal Council launched the consultation process on amendments to the Federal Act Against Unfair Competition (UWG). The amendments are intended to provide better protection against parasitic marketing.
On Wednesday, the Federal Council opened the consultation procedure for the amendment of the Federal Act against Unfair Competition (UCA). The amendment provides for better protection against parasite marketing. The consultation will last until mid-August. With a view to the 2008 European Football Championships in Switzerland and Austria, the federal government wants to use the amendment to strengthen protection against ambush marketing campaigns ("ambush marketing"). The aim of the amendment to the UCA is to declare "unjustified references to third parties and their services in a parasitic manner" as unfair if they are likely to "exploit the reputation of third parties or their services".
The Confederation defines parasite marketing and ambush marketing as forms of behaviour and actions that are not authorized by the legal organizer of an event. With these unauthorized forms of advertising, advertisers deliberately seek a connection to the event in order to profit from it without providing any service of their own. This could give the public the incorrect impression that the advertising company has a connection to the organizer of a sporting or other event, according to the press release from the Federal Department of Economic Affairs. The new provision is of a general nature, even if the reason is the adaptation to the EURO 2008. Persons or companies affected by ambush marketing could in future take action against this misconduct before the competent courts.
The Confederation defines parasite marketing and ambush marketing as forms of behaviour and actions that are not authorized by the legal organizer of an event. With these unauthorized forms of advertising, advertisers deliberately seek a connection to the event in order to profit from it without providing any service of their own. This could give the public the incorrect impression that the advertising company has a connection to the organizer of a sporting or other event, according to the press release from the Federal Department of Economic Affairs. The new provision is of a general nature, even if the reason is the adaptation to the EURO 2008. Persons or companies affected by ambush marketing could in future take action against this misconduct before the competent courts.
