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FEATURE


Rio, the future of intellectual property seems to be firmly grounded in sports.


How did so many new technologies make it to Rio? After the inception of an idea, it is vital for inventors to protect their IP with a patent or other form of security. A worldwide sporting stage is not the place for a trade secret technology to debut. In most countries an industrial design must be registered to be protected under industrial design law. However, the patent process can be a lengthy and costly investment. In the lead up to the Games, Brazilian authorities recognised the space for new technology and made moves to accommodate emerging innovation. The Brazilian patent trademark office (PTO) issued Resolution No.167 – fast tracking the processing of industrial design applications related to sporting goods.


To meet the criteria for the expediting of examinations, industrial design patent applications had to exclusively concern sporting goods and have been requested prior to 16th June 2016. Resolution No.167 also helped to curb the effect of territorial patent rights. In general, exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that particular location. Brazil’s fast-tracked patent process protected IP as soon as an application was accepted – new technologies could be introduced in Rio safe in the knowledge that Brazil’s PTO would safeguard IP.


THE SOCIAL MEDIA


TAKEDOWN Intellectual property was supported by Resolution No.167 and embraced by the Rio Olympics. However in an attempt to protect their own IP the International Olympic Committee (IOC) issued a ban on non-official sponsors sharing Olympic content:


"…Any use of USOC trademarks on a non-media company's website or social media site is viewed as commercial in nature and consequently is prohibited.”


With the US tightening its grip on IP regulation, trademarks are a key method of protection: trademarked


www.tomorrowsfm.com


brands, sporting venues and even, athletes. Social media is also deploying trademarks to protect IP. Internet watching is an increasingly important tool for IP owners to survey and regulate the online sharing of IP. While regulating the use of certain terms and words on social platforms is not new - banning hashtags is. The first US applications for trademarking hashtags were submitted in 2013, but the United States Olympic Committee (USOC) now owns a number of words and phrases as trademarked hashtags. In the lead up to Rio 2016, USOC successfully trademarked ‘#Rio2016’ and ‘#TeamUSA’, as well as ‘going for the gold’ and even ‘let the games begin.’


“IN THE LEAD UP


TO RIO 2016, USOC SUCCESSFULLY TRADEMARKED


‘#RIO2016’ AND ‘#TEAMUSA’.“


Rule 40 was implemented to protect investment from sponsors. The by-law not only deters non-official sponsors, but establishes a ‘blackout period’ during which an athlete’s name and image cannot be used by any non-official sponsors during the Games. “Olympic-related terms” cannot be used by non- official sponsors from 27th July until midnight on 24th August 2016. According to the IOC, "Olympic- related terms" include: effort; challenge; summer; Rio; games; victory; and among many others – medal (including pictures of a medal). If an athlete breaches Rule 40, they can be barred from competing and even stripped of medals they have already won. This may seem extreme, but strict measures may be the only way for the IOC to establish IP ownership and stop other companies or individuals financially benefitting from their property.


Big corporations such as Coca Cola, McDonalds and Samsung have all sponsored Olympic cycles, paying an estimated 100 million euros each to the IOC to gain access to Olympic IP and audiences. Meanwhile, Olympic athletes and other businesses are excluded from anything close to a direct discussion. Some non- profits, small businesses and even individuals, have been on the receiving end of the IP debate, receiving cease and desist letters - including a knitting group that used the term ‘ravelympics’ for a knitting competition, a charcuterie in Portland named ‘Olympic Provisions’, and a Philadelphia sandwich shop called ‘Olympic Gyro’.


THE RIGHT TO FIGHT


FOR IP Twitter should be significantly populated by Olympic interaction, but Rio 2016 has barely been present in trending topics. It appears that the threat of a lawsuit from a multi- million pound organisation is enough to stop free speech in its tracks. The IOC may be upsetting social media users by staking ownership over hashtags, but as the owners of Olympic IP – are they wrong to protect what is theirs and exercise the right to do so?


The Internet vs IP debate will rage on through the duration of the Olympics, but the Games highlight issues IP owners will face in the future of IP, and why organisations need to be ahead of the changing game. The IOC is a non-profit organisation that uses its IP assets to generate revenue. Enforcing restrictions on social media is a means of IP protection: stopping individuals that do not own – or sponsor - Olympic IP from financially benefitting from its use. Social media watching is crucial in today’s interactive landscape to ensure infringement is not taking place across any form of media. Internet monitoring for the misuse of trademarks is a growing business and it is vital that IP owners have a trademark strategy in place that covers both PTOs and the Internet.


www.cpaglobal.com TOMORROW’S FM | 23


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