The restaurant and other establishment sector has prepared for greater influx and sales during the soccer world cup this year, by attracting diners to watch the games.
However, now some must readjust their activities and announcements related to that sporting event, derived from information about Fifa sanctions for the use of brands. indicated a source from the tourism sector. In addition, the restaurant unions were informed by the Association of Programmers, Distributors, Agents of Cable Television Channels for Central America (Aprodicates) that they cannot use unauthorized transmissions in their restaurants, bars and entertainment centers.
This week, media in Mexico announced that the authorities of the Mexican Institute of Industrial Property (IMPI) warned that bars, restaurants and other establishments could face million-dollar fines, in addition to possible temporary closures, if they use official or registered Fifa brands without authorization or carry out transmissions that violate the intellectual property provisions of the tournament, such as the lack of transmission authorization, according to Infobae. Meanwhile, the newspaper The Universal reported that, for this year’s event, FIFA imposed special broadcast rights for businesses that must acquire a commercial public exhibition license if they want to screen the games to attract clientele.
What happens in Guatemala
Asked if these types of provisions in the FIFA regulations cover Guatemala, Rodolfo Mendoza, executive director of Aprodicate, He explained that yes, because every transmission – whether in a restaurant, in a cinema, on cable, on a website, in an IPTV service, in a cell phone application or on a social network, among others – requires legal rights, but that the measures are implemented based on the laws of Guatemala.
In the case of food establishments, he explained that the party is an attraction that is used as a hook for a economic activity. For this reason, he said that to transmit them in their businesses they must pay commercial authorization licenses.
The executive indicated that at the beginning of June Aprodica sent a letter to the two restaurant unions – attached to the Chamber of Industry and the Chamber of Commerce – in which they were informed which entities have the official and exclusive distribution of the broadcast rights authorized by FIFA for Guatemala.
This indicates that there is an exclusive holder of the rights for the live transmission of all the matches and that this in turn has granted several limited sublicenses for some of the live matches and others on a delayed basis.
The unions were also informed that, in coordination with the Prosecutor’s Office for Crimes against Intellectual Property of the Public Ministry (MP), active monitoring of the signals transmitted in restaurants, bars and entertainment centers will continue during the development of the World Cup to verify compliance with these provisions.
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The notice explains that, according to article 274 of the Penal Code, the violation of intellectual property rights and the illegal retransmission of signals constitute crimes that can be prosecuted ex officio by the corresponding authorities.
The executive indicated that they have already identified in the monitoring some establishments that use transmissions without the corresponding licenses.
For the verifications they have established several steps based on the laws of Guatemala, he said.
- The first step is to inform, through Aprodica, the unions of the sectors.
- The second step is to monitor, and if the violation is detected, a cease and desist letter is sent specifically to the restaurant so that it can react and acquire the rights or license.
- The third step is that, if the transmissions detected as illegal are insisted upon, the MP prosecutor’s office can file a complaint.
- The fourth step is that, with said complaint, the judge can order the cessation of the broadcast, and if it continues there may be imprisonment or a fine.
“It is important that restaurants realize that, to broadcast the football game in their establishments, they must have permits,” he insisted.
Mendoza said that any type of establishment must comply with the law, even businesses, stores or cafes, and the monitoring will be extensive but acknowledged that it cannot cover the verification of everyone as has also happened in the cases of informal operation in tax matters.
The two aforementioned unions were consulted about the measures regarding brands and transmissions, but they have not responded specifically on that issue.
Before the tournament began, and these provisions were made known, the Guatemalan Restaurant Guild (affiliated to the Guatemalan Chamber of Commerce) stated that from the perspective of the sector, it is estimated that attendance could increase between 15% and 30% in those restaurants that carry out activations related to the tournament, and sales could increase between 20% and 35% in establishments that properly take advantage of the season.
Separately, according to Carlos Rezzio, president of the Guatemágica Local Tourism Board, which covers various areas of Retalhuleu, hotels and restaurants have been preparing for the soccer World Cup season, which generates greater influx to this type of establishments, at a time that coincides with the low season of foreign tourism and with the reduction of national tourism due to recent rains.
Most restaurants and hotels in that area have been announcing activities to attend the World Cup games. However, they reported that they were informed that, based on FIFA regulations, they are not allowed to advertise their activities on social networks by mentioning the official name of the event, FIFA, or the use of registered trademarks.
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According to the manager, they explained to them that a statement from FIFA was released warning of fines for using words such as FIFA, the name of the tournament or even words related to the World Cup in their publications.
He added that this Thursday, June 11, they held a meeting with hoteliers and representatives of the tourism sector, including some restaurants in the area, to address the issue, and some have already modified their publications on social networks where they invite their activities.
They block signals
On Thursday, Aprodica separately reported that the Fifth Pluripersonal Court of First Instance for Criminal, Narcoactivity and Crimes against the Environment ordered the nationwide blocking of 13 websites and IPTV services that illegally broadcast protected content, specifically live soccer matches.
The entity added that the measure seeks to safeguard the transmission rights of the FIFA World Cup 2026.