Kiwi business cautioned about RWC 2011 IP Issues

Kiwi business cautioned as RWC 2011 gets set to defend its turf

Ordinary New Zealanders and small businesses need to be aware that raffling Rugby World Cup tickets down at the local club, or even creating a piece of art that isn’t authorised, will likely land them in hot water.

Theodore Doucas of Zone Law and a consultant for Zone IP -- an intellectual property management consultancy in Wellington – is warning Kiwis that Rugby World Cup authorities are likely to be as heavy handed as their FIFA counterparts were at the recent Soccer World Cup in South Africa.

In South Africa a small businessman was prosecuted for selling key rings with the inscription ‘2010’, and another for producing football shaped lollipops -- prompting an outcry that the tournament’s rules went beyond the norms of democracy.

“The same could well happen here. Under the Major Events Management Act 2007, almost every conceivable reference to ‘rugby world cup’ and ‘2011’ will be policed and people contravening the Act will almost certainly be sued,” he said.

A former Assistant Commissioner of Patents, Trade Marks and Designs at the Intellectual Property Office of New Zealand, Mr Doucas said raffling world cup tickets or offering them as prizes in local fundraisers is illegal.

“A worthy cause is not a defence. Some people argue that this type of law contravenes the norms of democracy, but by the same token event organisers want to protect those paying big money for the rights to sponsor the event.”

He said there would likely be people who would be tasked with looking for offenders and even references to the ‘you-know-what’ and ‘twenty-eleven’ would contravene the Act.

“A bar or restaurant can advertise any games they may be showing on the big screen, so long as they’re careful not to imply any association with the tournament – it is a very fine line and if the South African experience teaches us anything, it will be enforced not matter how small or apparently ‘harmless’ the actions are.

“Small businesses will profit from the World Cup, but the reins are held very, very tightly. Basically, the idea is that nobody can make money out of this tournament unless they have the sanction of the organisers.”

He said obtaining authorisation is not necessarily very difficult, but there would almost certainly be a cost depending on what was required.

Mr Doucas said that exceptions included those with Rugby World Cup authorisation, those expressing a personal opinion not for commercial gain, the media and anybody with a similar but existing legal trading name.

“Most New Zealanders are excluded by law from taking advantage of the event, at least overtly,” he said.

ENDS

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