| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === Sponsorship has been used for many years, and a set of marketing transaction model have been developed in the business community. However, there has been absence of complete discussion about sponsorship in law. Few cases talking about sponsorship are analyzed the contractual terms. Up to now, the court still considers sponsorship as an emotional and compassionate help, and the legal status of the sponsorship is positioned as a free gift. Nevertheless, it is questionable that whether the point at issue has covered all types of modern sponsorship transactions and controversy. Moreover, because of the principle of freedom of contract, the contractual parties can decide their rights and obligations independently. However, due to the requirements of the parties, the possibility of the future anticipation, the negotiation of contract, and other reasons, there is extremely large possibility of incomplete contract, and many disputes come subsequently. Hence, finding a way to solve the contract disputes and to improve the content of the contract becomes much more important.
For this reason, this article is based on all types of sponsorship in our society; by analyzing modern sponsor behavior, establishing the evaluation of sponsorship in civil law, and proposing solutions to relevant legal disputes, this article gives some suggestions about current sponsorship contracts. Sponsorship can be distinguished between public sponsorship and commercial sponsorship, but it is not simply divided into two types. Commercial sponsorship spans many domains, and it achieves brand link through cross-licensing; thus, the nature of the commercial sponsorship contract between the sponsor and the sponsored party can be regarded as a reciprocal consideration relationship between sponsorship resources and sponsorship interests. Additionally, commercial sponsorship has characteristics which include commercial purpose and negotiation. Therefore, commercial sponsorship presents the atypical labor contract form. Detailing the type of sponsorship relationship can make the legal analysis closer to the nature of the existing sponsorship activities, and thus can meet the needs of the contractual parties. Furthermore, commercial sponsorship still has many questions as applying to the current regulatory system, including satisfying offer benefits, measuring risk allocations, exercising contract rescission, calculating of damages, and defensing ambush marketing. This article tries to understand the legal relationship of sponsorship deeply and to discuss the legal issues in view of the purpose of the contract and the characteristics of sponsorship. In conclusion, we can effectively solve the problems arising in the sponsorship contract, and make the use of sponsorship in business more complete.
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