sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : ISAF and ILCA on thin ice? Intellectual Property Rights and Copyright
ISAF and ILCA on thin ice? Intellectual Property Rights and Copyright


'Laser World Championship 2012'    Nils Bergmann - Segelaction.de

Extracts from an article written for Scuttlebutt USA by Intellectual Property Rights lawyer John Harwood-Bee on the lawsuit between Laser designer Bruce Kirby, builder LaserPerformance and associated companies and International Sailing (ISAF) and the International Laser Class Association (ILCA).

'Having followed the saga that Bruce Kirby is being subjected to, there appears to be no dispute that Bruce is the absolute beneficial owner in the design rights and therefore IPR, in what has until now been known as the Laser. I can find no evidence or reference to him ever having assigned those design rights to any other entity, and therefore must assume that he has retained them. If this is the case, then ISAF and the Laser Class Association are skating on very thin ice in supporting any builder who is in breach of a design licence agreement.

'IPR infringement is considered by the courts to be a grave offence and punishments of transgressors can be severe. 'You have only to read recent archives to discover the serious financial penalties issued to those pirating copies of films, albums and videos or duplicating and distributing music without accounting. Million dollar lawsuits have closed down websites and bankrupted individuals.

'If design royalties are not being paid by the builders of the boats, under whatever name, then they will need some excellent argument to prevent a court from ordering seizure of moulds and all equipment, computers and tools used in the default.

'As LaserPerformance have carefully avoided answering your questions on this, it seems likely that they are in breach. I think it highly unlikely that Bruce and his lawyers have failed to issue ‘cease and desist’ notices against all parties and therefore there should be a standstill in approval and manufacture.

'How, under those circumstances, ISAF and International Laser Class Association (ILCA) can continue to issue plaques to LaserPerformance and any other builder in breach of Bruce Kirby’s rights is beyond comprehension.

'The ISAF statement says that plaques will be issued to any approved ISAF and ILCA builder. It does not state that those builders must be licensed by and in good standing with Kirby, and therefore I consider that both ISAF and ILCA need to check with some damn good IP lawyers to make certain that is it not just their normal arrogance that is driving this.

'Surely the fair and equitable solution would be to suspend the issue of plaques until this dispute is resolved. If Bruce is found to be in the right, as I sincerely hope he is, the ISAF and ILCA could face enormous penalties and damages for their support of anybody who has in effect pirated the design. '

The full article is at http://www.sailingscuttlebutt.com/2013/04/28/commentary-intellectual-property-rights-and-copyright-issues/

As a matter of interest, we recently found this US Copyright registration

Registration Number / Date: TXu001362085 / 2007-06-21
Title: Laser construction manual.
Copyright Claimant: Bruce Kirby, Inc.
Date of Creation: 2005
Authorship on Application: Bruce Kirby, 1929-
Copyright Note: Cataloged from appl. only.
Names: Kirby, Bruce, 1929-
Bruce Kirby, Inc.

There is an upcoming ISAF mid-year meeting in Copenhagen and we understand numbers of the ISAF Member Nations will be taking the opportunity to ask ISAF are they really sure they know what they are doing, with ISAF likely to be heavily exposed to significant damages claims if the ISAF decision making processes have not been as good as everyone would like.


by Marine Business-World

  

Click on the FB Like link to post this story to your FB wall

http://www.sail-world.com/index.cfm?nid=109160

9:09 PM Sun 5 May 2013GMT


Click here for printer friendly version
Click here to send us feedback or comments about this story.

Click for further information on
2013 Bruce Kirby Inc vs PSE, ISAF, ICLA etc.,

Related News Stories:

01 May 2013  ISAF Laser intervention - Supply problems looming?
30 Apr 2013  Laser ISAF ILCA action brings expanded Bruce Kirby law suit
24 Apr 2013  It's the boat that matters, not the name
24 Apr 2013  Laser Legal tangles continue
24 Apr 2013  Statement from the International Laser Class Association
24 Apr 2013  ISAF Statement On International Laser Class
12 Apr 2013  Kirby Torch replaces Laser, production heads to Canada
11 Apr 2013  The Kirby Torch - Latest news after Laser lawsuit
23 Mar 2013  ISAF speaks out about Laser Class dispute






News - USA and the World

































































Rolex Big Boat Series - Plenty maintains lead by Tink Chambers, San Francisco


2014 Asia Pacific Student Cup - Count down begins
Extreme Sailing Series: Live coverage of Day 3 - view here
Volvo Ocean Race 2014-15 - Going away
Volvo Ocean Race 2014-15 - Practice makes perfect
2014 J/70 World Championship - Contrasting conditions on Day 4
Rolex Big Boat Series - 50 years of big boat racing: a retrospective
2014 Rolex Big Boat Series - Day 2
Snipe Western Hemisphere and Orient Champ: Rios takes the Championship
Volvo Ocean Race: Leg Zero signals start of the significant racing
Extreme Sailing Series: Physically demanding racing for BAR on Day 2
Emirates Team NZ: Holding second overall after Day 2 in Istanbul
Extreme Sailing Series: A force to be reckoned with in Istanbul +Video
ISAF Sailing Worlds - Day 1 images by Jesus Renedo and Pedro Martinez
Marseille One Design: GC32's Armin Strom storms ahead on day 2 + Video
ISAF Sailing World Championships - Racing underway in Santander +Video
ISAF Sailing Worlds, Santander - Erika Reineke claims Radial race win
Santander Worlds 2014 Mat Belcher (Part II) *Feature
Rolex Swan Cup - Mistral keeps fleet shoreside
PWA Cold Hawaii World Cup rescued by wave of local support
ISAF Sailing World Championship, Santander - Opening ceremony images
Volvo Ocean Race 2014-15 - Team Alvimedica geared up for Leg Zero   
J/70 World Championship 2014 - Healy surfs into lead   
2014 Rolex Big Boat Series - Day 1   
2014 Rolex Big Boat Series - Gripping first day on the Bay   
2014 Rolex Big Boat Series - Day 1 images by Erik Simonson   
2014 Snipe Western Hemisphere and Orient Championship - Day 4   
Rolex Big Boat Series - Familiar conditions on day 1   
Extreme Sailing Series: Team NZ share lead after Day 1 in Istanbul   
ISAF Sailing World Championships - Thousands attend Santander opening   
Rolex Swan Cup - Day 2 images by Carlo Borlenghi   
GC32: Great Cup: Day 1, Foils, flying and an unstoppable Flavio   
Rolex Swan Cup - Classic day of racing on the Costa Smeralda   
Extreme Sailing Series - Pushed to the limit and dismasted on Day 1   
Volvo Ocean Race - A profile of Abu Dhabi Ocean Racing   
J/70 World Championship - Day 2 images by Chris Howell   
Volvo Ocean Race 2014-15 - Lego Zero crisis scenarios loom   
America's Cup: Bob Fisher on the state of the Cup   
Interview with West Coast International Canoe pioneer Del Olsen: Video   
2015 RC44 Championship Tour announced   
Extreme Sailing Series: Precious practice time put to good use   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
   Archive News







Sail-World.com  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  http://www.sail-world.com/event_images/image/RSS-Icon.png

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL NEW US
LocalAds   DE  ES  FR  IT