Boks-All Blacks tour gets protection from the government

Trade, industry & competition minister Parks Tau has granted “protected event” status to the upcoming Rugby’s Greatest Rivalry Tour, featuring the Springboks and the All Blacks, to safeguard the commercial value of sponsorships linked to what is expected to be a multimillion-rand event.

Events such as the 2010 Fifa World Cup, British and Irish Lions tours and the 2023 Netball World Cup received the same protection.

The South African Rugby Union (Saru), as the event organiser, approached the department for protection.

“A protected event status means that the event, including its associated marks and logos, is afforded legal protection against unauthorised commercial exploitation by third parties,” a Saru spokesperson told Business Times.

“This status is intended to prevent ambush marketing and the misappropriation of intellectual property, thereby safeguarding the interests of the event and its official partners.

“The protected event status principally benefits Saru and its official partners by ensuring the exclusivity of their association with the event. It provides legal safeguards for those who have invested in the event, protecting their rights and commercial interests from unauthorised use or infringement.

“The revenues are shared with the New Zealand union, and we have collectively budgeted for a surplus.”

Castle Double Malt has signed up as the title sponsor, joined by DHL, Klipdrift and Airlink as brands that want to be associated with the month-long tour.

“A few more will be announced shortly,” Saru said.

Kelly Thompson, from law firm Adams & Adams, said the move by Tau prevents traders from taking commercial advantage of the publicity surrounding the event, even if they stop short of claiming or implying any official connection.

“The proposed protected event designation would apply for the duration of the tour and would confer on it the special anti-ambush marketing protections available under the Merchandise Marks Act,” Thompson said.

“The legislation is designed to safeguard the substantial investments made by event organisers and sponsors. Businesses may not seek to derive promotional benefit from the event without authorisation.

The proposed protected event designation would apply for the duration of the tour and would confer on it the special anti-ambush marketing protections available under the Merchandise Marks Act.

—  Kelly Thompson, from law firm Adams & Adams

“Ordinary trademark and passing-off principles usually focus on whether a business creates the impression of an association with, or sponsorship of, an event. Protected event status goes further: it prevents traders from taking commercial advantage of the publicity surrounding the event, even if they stop short of claiming or implying any official connection.”

Trade union and community movement Solidarity has taken issue with Tau’s inclusion of broad-based BEE requirements in the evaluation of suppliers for the event.

Theuns du Buisson, economic researcher at the Solidarity Research Institute, said the decision is blatant abuse of power that opens the door to greater state control over private sporting events.

“Our biggest concern is the attempt to impose BEE regulations and procurement requirements on the organisers of the All Black tour. Solidarity is already challenging the Public Procurement Act in court. Imposing these requirements on independent events while the act is still being challenged makes no sense,” Du Buisson said.

He said the decision amounts to the state being able to hijack a rugby tour for its own personal gain.

“Where does this decision leave businesses that have already signed contracts for supporter jerseys, marketing and other products? If the law were applied to its fullest extent, only 100% black-owned businesses might have the right to manufacture or sell Springbok supporter jerseys. Such an outcome is simply absurd.

“Once a minister can declare anything to be in the public interest and subsequently subject it to state procurement requirements, there is virtually no limit to state interference. Today it is rugby. Tomorrow the same principle could be applied to many other private events.”

The tour comes at a time when Saru is on the commercial front foot, with nearly 30 companies supporting the sport.

This is after the union’s pivot, dangling a carrot to corporates that if they want to be associated with the Springboks, they have to buy into the entire rugby ecosystem that the Springboks support.

The result has been that, for the first time, all national teams carried the name of the principal partner, FNB, on the front of their jerseys; Pick n Pay on the back; and Coca-Cola and Betway on their shorts (with the slight modification that Hyundai is worn on the shorts of junior national teams, as Betway, a gambling company, has voluntarily distanced itself from the youth market).

This saw sponsorships for the first time eclipse TV rights as the main source of revenue for the union in the 2025 financial year.

Business Times