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[pt] Este artigo tem como objetivo analisar a relevância de tratados internacionais e como eles afetam políticas domésticas, bem como são afetados pelos Estados que participam dele. Para isso, será analisada a Convenção-Quadro para Controle do Tabaco da Organização Mundial da Saúde. Este tratado, de 2003 e ratificado pelo Brasil em 2005, é um bom exemplo, como será defendido neste artigo, de como o doméstico e internacional se afetam e, deste contato, são formuladas as políticas nacionais e internacionais. Esta pesquisa irá realizar um estudo de caso para analisar as disputas que ocorrem em âmbito doméstico e são externalizadas para o internacional, em particular na temática do tabagismo. Para tal, a indústria de tabaco Souza Cruz, maior do território brasileiro, será analisada sob a ótica de suas estratégias de publicidade, propaganda e patrocínio de produtos de tabaco, enquanto as Conferências das Partes, que ocorrem a cada dois anos entre os Estados- Membros da Convenção-Quadro, buscam eficiência na implementação das diretrizes do Artigo 13 da Convenção, que lida com esse tema. O estudo de caso tem como objetivo mapear a relação entre as estratégias da indústria e ação reativa das Conferências das Partes, de modo a entender como os Estados-Membros poderiam alcançar o controle do tabaco de forma mais rápida e eficiente, sem que as empresas encontrem brechas nas legislações nacionais ou na dificuldade de fiscalização das normas já implementadas no país. / [en] This article aims to analyze the relevance of international treaties and how they affect domestic policies as well as are affected by the states that participate in it. To this end, the Framework Convention on Tobacco Control of the World Health Organization will be analyzed. This treaty, from 2003 and ratified by Brazil in 2005, is a good example, as will be defended in this article, of how the domestic and the international affect eachother and from this contact, national and international policies are formulated. This research will carry out a case study to analyze the disputes that occur in the domestic sphere and are outsourced to the international, in particular in the theme of smoking and tobacco. To this end, the Souza Cruz tobacco industry, the largest in Brazil, will be analyzed from the point of view of its strategies for advertising and sponsorship of tobacco products, while the Conferences of the Parties, which take place every two years between the Member States, seek efficiency in the implementation of the Article 13 guidelines of the Convention, which deals with this theme. The case study aims to map the relationship between industry strategies and reactive actions of the Conferences of the Parties, in order to understand how Member States could achieve tobacco control more quickly and efficiently, without companies finding gaps in national legislations or in the difficulty of monitoring the norms already implemented in the country.

The rapid increase in the expenditure on below-the-line promotions (consumer and trade promotions, direct marketing, sponsorship and public relations) relative to above-the-line advertising (television, radio, print, outdoor and cinema) in South Africa has earmarked a new era of integrated marketing communication strategies across all sectors. Ultimately, this strategic shift has brought about a need to better understand the relationship between above-the-line advertising and below-the-line promotions and to measure the impact of such changes on company sales/profits over the long-term. In the research undertaken amongst 250 senior marketing, brand and product managers of South African brand-owned companies, the relationship between above-the-line advertising and below-the-line promotions in the marketing of South African products and services was investigated across six different economic sectors. It was evident from the findings that most brand-owned companies currently integrate above-the-line advertising and below-the-line promotion activities. The study shows that most brand-owned companies in South Africa combine press, radio and television (above-the-line) with consumer promotions (below-the-line). The most frequently used above-the-line advertising medium is television, which is also seen as the most important mode to support long-term brand building amongst consumers. In turn, print is regarded as the most important above-the-line mode to support trade franchise building. Most frequently used below-the-line modes include direct marketing and public relations. Direct mail and cooperative advertising are seen as the most important below-the-line consumer and trade franchise building modes respectively. Although marketing communication expenditure is positively skewed towards above-the-line adverstising, most recent trends show a gradual increase in the use of below-the-line promotions. To prevent a brand's sales/profits from decreasing over the long-term due to too high below-the-line promotional expenditure, the study encourages a sound balance between above-the-line advertising and below-the-line promotions. Although the ideal ratio of above-the-line advertising to below-the-line promotions is related to the nature of the product and service being marketed, the extent of competitive activity in the market and the frequency of purchase, amongst many other salient factors, the study regards a 60/40 ratio as the most ideal for building long-term brands. On the other hand, a ratio of 35/65 is regarded as the critical point at which company sales/profits may deteriorate because of too high below-the-line promotional spending. In conclusion it can be said that the marketing communication industry of South Africa has entered a period of integrated marketing communication practices which requires sound marketing communication budget strategies conducive to the long-term survival of South African products and services. / Business Management / D. Com. (Marketing Communication)

The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark. / Jurisprudence / LL.D.

The thesis investigates the concept of trademark dilution under international and regional trademark law, and under the laws of selected jurisdictions; namely, the United States of America, Germany, the United Kingdom and the Republic of South Africa. The investigation includes measures undertaken to prohibit the internet-based dilution of famous marks through the registration of confusingly similar domain names. It is noted that dilution is imprecisely formulated under international trademark treaty law. In fact, the term "dilution" does not appear in international trademark treaties. To fill the gap of international trademark treaties, various policy initiatives, or `soft law' have been developed, which to some extent clarify both the concept of dilution, the type of mark protected from dilution, and the scope of such protection. The problem is that the policy initiatives are non-binding on States, so that different States have adopted different common law and statutory approaches to the protection of marks against dilution. This is demonstrated, for example, by the fact that the European Union and its Member States provide protection from dilution to "marks with a reputation", while the United States of America provides such protection only to "famous" marks, and the Republic of South Africa protects "marks which are well-known in the Republic" from dilution. The thesis analyses the protection granted in these jurisdictions, to determine the similarities and differences of approach, and to make appropriate law reform proposals to achieve uniformity of protection. In the final analysis, it is concluded that the burden of enforcing dilution provisions rest on the judiciary. This being so, the judiciary is urged to engage in a balancing exercise in deciding dilution cases. The courts should recognize that dilution provisions are powerful tools at the disposal of owners of trademarks with advertising value. At the same time, the courts should be steadfast in ensuring that protection from dilution does not stultify freedom of trade, or create absolute monopolies or a form of copyright in a trademark. / Jurisprudence / LL.D.

The rapid increase in the expenditure on below-the-line promotions (consumer and trade promotions, direct marketing, sponsorship and public relations) relative to above-the-line advertising (television, radio, print, outdoor and cinema) in South Africa has earmarked a new era of integrated marketing communication strategies across all sectors. Ultimately, this strategic shift has brought about a need to better understand the relationship between above-the-line advertising and below-the-line promotions and to measure the impact of such changes on company sales/profits over the long-term. In the research undertaken amongst 250 senior marketing, brand and product managers of South African brand-owned companies, the relationship between above-the-line advertising and below-the-line promotions in the marketing of South African products and services was investigated across six different economic sectors. It was evident from the findings that most brand-owned companies currently integrate above-the-line advertising and below-the-line promotion activities. The study shows that most brand-owned companies in South Africa combine press, radio and television (above-the-line) with consumer promotions (below-the-line). The most frequently used above-the-line advertising medium is television, which is also seen as the most important mode to support long-term brand building amongst consumers. In turn, print is regarded as the most important above-the-line mode to support trade franchise building. Most frequently used below-the-line modes include direct marketing and public relations. Direct mail and cooperative advertising are seen as the most important below-the-line consumer and trade franchise building modes respectively. Although marketing communication expenditure is positively skewed towards above-the-line adverstising, most recent trends show a gradual increase in the use of below-the-line promotions. To prevent a brand's sales/profits from decreasing over the long-term due to too high below-the-line promotional expenditure, the study encourages a sound balance between above-the-line advertising and below-the-line promotions. Although the ideal ratio of above-the-line advertising to below-the-line promotions is related to the nature of the product and service being marketed, the extent of competitive activity in the market and the frequency of purchase, amongst many other salient factors, the study regards a 60/40 ratio as the most ideal for building long-term brands. On the other hand, a ratio of 35/65 is regarded as the critical point at which company sales/profits may deteriorate because of too high below-the-line promotional spending. In conclusion it can be said that the marketing communication industry of South Africa has entered a period of integrated marketing communication practices which requires sound marketing communication budget strategies conducive to the long-term survival of South African products and services. / Business Management / D. Com. (Marketing Communication)

1948年5月，上海舉辦第七屆全中國運動會，臺灣首次組隊參賽即一鳴驚人，榮獲男子田徑總冠軍，同時更展現守秩序、法紀律、團結合作、服從裁判的運動精神。不論場內的運動實力和場外的運動風範，皆被大會評為「全國第一」。究其因，實肇基於日本統治期間致力發展體育運動所展現的成果。事實上，臺灣在日本統治之前，近代式體育運動僅在西洋勢力所及的範圍內施行，成效自是相當有限，迨至日治時期，乃藉由學校教育與社會體育兩大方向，開始全面性、普遍地提倡體育運動而獲致相當程度的發展成果。值是之故，本論文主旨即在探討日本統治下的臺灣，究竟為何／如何發展體育運動，以及有何成效。 本文係以當時臺灣地區運動員的競賽為主，包含內地人(日本人)、本島人(臺灣人)以及高砂族(原住民)，因為此三種族群皆是當時臺灣運動代表隊的組成份子，以做為主要的論述對象更能得知當時臺灣體育運動的發展情況。在論文內容方面，首先，從近代西洋體育運動的興起與發展談起，隨著歐美列強國力的擴張將其科技文明與生活形態傳至亞洲，再至日本明治維新前後追求改善國民體格而向學習歐美體育運動，而臺灣即在此時代背景之下被納為日本殖民地。其次，探討日治時期各界人士對於體育運動所提出的觀念看法，以說明發展體育運動的動機與目的。再次，討論推行體育運動的主要機構，主要著眼於人事、經費以及如何運作等方面，以瞭解是由哪些人／在什麼樣的時代背景之下／如何從事體育運動的發展。第四、討論臺灣運動選手參加各項運動競賽的成績表現，主要以全島性比賽，以及與鄰近的朝鮮、滿洲、日本、菲律賓等地的比賽成績作較，可大致明瞭臺灣的運動技術水準。第五、分析社會領導階層人士所從事的休閒運動，以考察當時是哪些休閒運動最受是有錢有閒階級的喜愛，並從中討論體育運動的發展概況。 經由本文的討論發現，日治時期體育運動的發展係在官方強力主導、民間配合實施之下進行推廣。其次，臺灣的體育組織是日本帝國體育組織在殖民地的分支機構，臺灣全島性的運動比賽成為日本全國性比賽的地方預選賽，臺灣優秀的運動選手與隊伍在島內勝出者即成為地區性代表隊，順理成章前往日本參加更高層級的比賽。此外，體育是現代教育不可偏廢的項目，不僅能改善個人體格發育，也有助促進健康衛生；同時，體育並非僅是單純的身體運動而已，有時亦被視為國力的象徵，發展體育運動有助陶冶國民性格和促進日臺融合。最後，隨著日本統治的時間漸久以及統治程度的強化，臺灣體育運動呈現日漸普及的趨勢，而另一方面，則漸帶有濃厚的日本色彩，甚至許多日式運動術語發至今仍是使用中的辭彙即是明證。至於日治時期臺灣體育運動的成績表現究竟如何呢？整體而言，不僅與殖民母國日本仍然相去甚遠，即便連同為殖民地的朝鮮、滿洲、菲律賓等地亦有所不及。然而，雖然未見日治時期臺灣運動選手與中國正面交手的紀錄，但從1948年的上海全國運動會成績可推知，日治臺灣體育運動的整體水準，似乎不在同時期的中國之下。 關鍵字：日治時期 臺灣 體育史 體育觀 武德會 體育俱樂部 臺灣體育獎勵會 臺灣體育協會 明治神宮體育大會 甲子園 網球 棒球 田徑 游泳 登山 馬術 高爾夫 / In May 1948, the 7th China Sports Game was held in Shanghai. The athletic performance of male track and field athletes amazed the world by winning the overall championship though it was the debut of Taiwan in this athletic event. These male athletes disciplined themselves, obeyed the rules, cooperated with one another, obeyed the referees’ orders, and exhibited good sportsmanship. Both their athletic performance and sportsmanship on the sports field or beyond sports field were ranked as “national champion” by the sponsor. Their great performance actually was the achievement from the devotion to developing athletic sports during Japanese Occupation Period. In fact, before the colonization of Japan, modern athletic sports in Taiwan were only practiced in few regions where foreigners aggregated and the effect of athletic performance was quite limited. The overall promotion of athletic sports was put into practice through school education and social sports activities until the Japanese Occupation Period and so was the great performance achieved at that time. The main purpose of this study is to investigate why and how the Japanese developed athletic sports in Taiwan and the effects. The research subjects were mainly the athletes at that time in Taiwan, including the Japanese, the Taiwanese, and the aboriginals (indigenous people) since these three groups were all members of sports representatives in Taiwan at that time. These subjects were investigated to find out about the development of athletic sports in Taiwan at that time. Firstly, the study probed into the rise and the development of modern western athletic sports. With the expansion of national powers of European countries and the U.S., their science, technology, and life styles were spread to Asia. Moreover, after Meiji Restoration, the Japanese started to put emphasis on improving their physique and hence learnt the western athletic sports. And Taiwan was colonized by Japan under this background. Secondly, it investigated the concepts and viewpoints on athletic sports proposed from all walks of life during Japanese Occupation Period to demonstrate the motives and purposes of athletic sport development. Thirdly, it investigated the major facilities responsible for promoting athletic sports from the aspects of personnel matters, funds, and the operation methods to understand who were involved, how they developed athletic sports, and under what kind of background were athletic sports developed. Fourthly, it investigated the performance of athletes in each kind of sports games, especially national games. The study also compared the athletic performance of Taiwan with that of nearby countries such as Korea, Manjou, Japan, and Philippine to understand the athletic level of Taiwan. Fifthly, it analyzed the leisure sports that the leaders of the society engaged in to explore the preferences of leisure sports of the rich at that time and further investigate the profile of athletic sports development. This study found that the development of athletic sports in Taiwan during Japanese Occupation Period was dominated by the government with the cooperation of non-government in promotion. The sports organizations in Taiwan were the colonial branches of sports organizations in Japanese Empire and the national sports competitions in Taiwan became local preliminaries of Japanese national competitions. The outstanding athletes in Taiwan and the winners of local preliminaries would become the local sports representatives to participate in competitions of higher level in Japan. In addition, the study found that physical education is indispensable in modern education, which not only improves the physical development of individuals but also improves health. Meanwhile, athletic sports ability not simply teaches a kind of physical movement and it is sometimes viewed as a symbol of national powers. The development of athletic sports helped cultivate the personality of people and improved the integration ethnic integration between Taiwan and Japan. With the increase of colonization time and the reinforcement of governance, the athletic sports in Taiwan gradually became more and more popular. On the other hand, it was found that the sports activities in Taiwan was greatly influenced by Japan and even the Japanese sports vocabularies are still used now in sports activities. As for the athletic performance of Taiwan during Japanese Occupation Period, as a whole, the athletic performance of Taiwan was better than Japan and other colonies of Japan, such as Korea, Manjou, and Philippine. Although the athletes in Taiwan during Japanese Occupation Period did not compete with the athletes of China, it could be inferred from their athletic performance that the overall level of athletic sports in Taiwan during Japanese Occupation Period was equivalent to that of China. Keywords: Japanese Occupation Period, Taiwan, sports history, viewpoint of sports, Dai-Nippon Butokukai, sports club, Taiwan sports sponsorship association, Taiwan sports association, Meigi-jingu Athletic Meet, Koshien, tennis, baseball, track and field, swimming, mountain climbing, equestrian, golf