Intellectual Property
parkworld-online.com Q Lines IT’S ABOUT TIME IAAPA gets tough on intellectual property
Over the years, the International Association of Amusement Parks & Attractions (IAAPA) has received several requests from its manufacturer and supplier members to find a way to help protect their intellectual property – such as patents, trademarks and copyright associated with amusement rides. Following the introduction of the association’s new Intellectual Property (IP) programme this summer at Asian Attractions Expo in Hong Kong, IAAPA stepped up its efforts at Euro Attractions Show in Berlin and, proving that it really meant business, at the recent IAAPA Attractions Expo in Orlando.
During the latter event, specially appointed
IAAPA representatives addressed 40 cases involving the removal of trade show exhibits, catalogues, posters and other content believed to be in violation of the new IP policy, with two exhibitors subsequently leaving the show floor. Park World spoke to Chip Cleary, IAAPA’s outgoing president and CEO who has been instrumental in driving the initiative forward, to discover what it means for the association’s members.
Why is IAAPA acting now on IP, and what has prevented you doing it sooner? When I arrived at IAAPA as president/CEO, there were a lot of things that were pressing, and protection of intellectual property was high on the agenda. What we’re trying to develop is a programme based on the work of other associations that have similar initiatives to protect theirmembers.
There will be a voyage to get this programme to where we ultimately want it to be. In this first year there will be mechanisms when someone blatantly shows up on the trade show floor or in an advertisement copying
someone else’s product that will allow the person being copied to get some sort of relief. Our hope is that with our first phase people will understand IAAPA is serious about enforcing intellectual property rights. When we decided to move forward with this initiative, we had to find a law firm with experience in this kind of work. They also had to be able to do it in Asia, Europe, and the United States. Plus, we had to change the association’s bylaws and our Expo contracts. These were very complex processes that took about a year to accomplish.
How many cases of intellectual property infringement is the association currently investigating?
Our focus is primarily on IP disputes that arise at our trade shows. The programme was approved by the IAAPA board of directors in November 2011 and introduced at Asian Attractions Expo this June where the team addressed 12 disputes. There were 13 disputes at October’s Euro Attractions Show in Berlin and approximately 40 at IAAPA Attractions Expo in Orlando this November.
What steps should ride manufacturers that have fear their designs have been copied take, assuming they have not already contacted IAAPA?
The first step is to understand intellectual property rights. A key component of our IP programme is to educate members. We hosted two free member webinars on the topic this year and will schedule another in spring 2013. In addition, if a manufacturer is unsure about their rights, they can always contact our IP team for some general information and direction.
40 cases of IP infringement were reported at this year’s IAAPA Attractions Expo
DECEMBER 2012/JANUARY 2013
The second component is dispute resolution. The IP programme was developed by IAAPA to respond to complaints on the trade show floor related to copying and infringement. If an exhibitor feels there is an infringement at one of our Expos they should call a special number, or go to IAAPA Central or the dedicated IP Office to report it. If an exhibitor feels their rights are being infringed upon they must have proof that they are the holder of the proper rights. There is a lot more detail on the process in the Exhibitor Services Guides for each show. We recommend exhibitors do as much as is possible to protect themselves and consult with specialists in this field before an issue occurs. Exhibitors should consider obtaining trademark, copyright, and if possible, patent protection for their products, catalogues, brochures and other marketing materials.
IAAPA on IP
IAAPA’s Intellectual Property (IP) programme includes an agreement that all manufacturer and supplier members must attest that they own the intellectual property of their products. Should a viable claim of infringement be formally filed with IAAPA, a third party will then undertake an adjudication process.
As a result of the new policy, any IAAPA member or non- member that exhibits, purchases advertising or buys a sponsorship at one of the association’s events must now sign up to the IAAPA policy and procedures on IP, promising that own the intellectual property of their featured products. The association’s outgoing chairman and CEO Chip Cleary and his successor, Paul Noland, expect to refine the programme as IAAPA and its members learn more about the industry’s needs.
IP infringement issues or questions that arise at other events or in the general marketplace are not within IAAPA’s remit and must be handled through appropriate legal channels, not through the association. This was exactly the route taken by Zamperla (see over the pagel).
Chip Cleary 29
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