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Do you expect offending manufacturers to return either as the same companies, or with a new identity? We live in a complicated world so it would be inappropriate for us to comment on what may or may not take place in the future.
Is there an obligation on IAAPA and other publishers to stop offenders advertising in the trade press? As part of the IP programme, we will address any claims that arise out of content published in IAAPA-owned publications.
One of the closed-down booths at IAAPA Attractions Expo
Do you consider using photos from
other manufacturers’ brochures as an offence? Every scenario is considered based on the facts that are presented and the rights of the complaining party. If the complaining party establishes they own the appropriate rights in a photograph, then this is something we would likely consider to be a violation of our rules.
Is there anything that can be done inside those countries where there are blatant IP infringements? Is it considered a problem by the relevant authorities in these countries? Intellectual property issues can occur in any country in any part of the world. We are committed to educating all of our members around the globe on these issues. We will also look for opportunities in each of our operating regions to help educate governments and regional associations and focus their efforts on protecting IP rights in their own regions.
It’s easy to single out certain countries as hotspots of IP infringement, but do you also see innovation emerging from some of these places too?
There are thousands of companies who work diligently to produce and market innovative, high-quality items all around the world. Unfortunately, a few “bad apples” really are the cause of the IP problems within our industry. As the IAAPA Intellectual Property programme becomes more known, we hope those “bad apples” will get the message and focus more on creating their own unique products.
What would be your advice to any park operators tempted to buy a ride that looks like a cheaper replica of another manufacturer's product? You get what you pay for. If a deal looks too good to be true, it probably is. Make sure you thoroughly review all engineering drawings and have them reviewed further by a third-party expert before you make a deal to ensure you are purchasing a high-quality, reliable attraction that is designed according to ASTM or EN standards. We’ve learned a lot as we’ve set up this programme and our IP experts have told us that if you ignore the “red flags” and buy a product that does not meet the applicable standards, or otherwise is counterfeit or performs poorly, you could be liable for any harm or damage that occurs while the ride is in use. In addition, if you add an attraction that infringes on another party’s intellectual property rights, you may be faced with a demand to have the attraction removed or shut down.
Readers wanting more information on intellectual property and IAAPA’s new policy should contact the association’s executive vice-president Susan Mosedale
smosedlae@iaapa.org
30 DECEMBER 2012/JANUARY 2013
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