Please select your home edition

LaserPerformance lists its own FAQ's in latest Building Licence move

by LaserPerformance 10 Apr 2019 18:24 PDT 11 April 2019
The Laser will be the Mens and Womens One Person Dinghy at the 2024 Olympics, provided they can get their legal affairs resolved by August 1, 2019 © Richard Gladwell

In another salvo in the battle between the International Laser class Association and its predominant builder LaserPerformance, LP has posed a set of its own "Frequently Asked Questions Concerning ILCA’s Actions".

The dispute which was triggered at the end of March when ILCA terminated the agreement which allowed to build the Laser class to the specifications contained in the Builder's manual to which ILCA claims are its intellectual property.

All Laser class dinghies built to date which have an official building plaque will be eligible to participate in class racing, regardless of whether they are built by LaserPerformance, or Performance Sailing Australia and Performance Sailing Japan who build and supply to Australia, New Zealand, Japan and Korea.

10 April 2019

1. Why is LP proposing that ILCA be moved back to Europe and a full-time executive team be hired?

According to EurILCA, over 70% of the class members are in the European region. As discussed at the 1998 ILCA World Council meeting the management of ILCA, it was felt by representatives of this region that their needs and priorities were being neglected. LP proposes that ILCA be moved back and a full-time professional management team lead ILCA paid by builders through increased plaque fees.

2. What is the 27 February 1998 Agreement?

This is a licence agreement between Performance Sailcraft Europe Limited (since renamed as LaserPerformance Europe Limited) and ILCA, giving certain limited rights to ILCA to use the Laser intellectual property according to ILCA’s constitution. A copy of the 1998 Agreement can be found here 1988_02_27 Trademark Agreement between ILCA and PSE.

3. Why is LaserPerformance requiring a new license agreement?

• In 2010 ILCA moved to the USA under a new entity incorporated in the State of Texas.

• In 2016 LaserPerformance group was re-organized globally. Consequently, LPEU ceased to operate effective 31 December 2016 and will cease to exist from 31 August 2019.

• The 1998 Agreement does not have any provisions for succession rights and as such, as of 31 August 2019 the contract will extinguish on its own terms. Therefore, a new replacement and like agreement is needed in order for ILCA to continue to operate as before under the 1998 Agreement.

• ILCA have known about this and have been given multiple extensions under the 1998 Agreement for the past three years but they have refused to enter a new and like agreement.

• Without a new like license, ILCA will not be able to hold events or use the Laser mark in connection with its authorized activities from 31 August 2019.

4. What is ILCA’s view about the 1998 Agreement?

ILCA refuses to acknowledge that the Agreement will expire and a new agreement is required with the successor parties, whilst in private meetings they acknowledge LP’s rights to its intellectual property.

5. What has LP’s response been to ILCA’s actions?

LP has consistently asked to meet with all parties to resolve this issue as well as other pending issues. The last such attempt for an “All Parties Meeting” at the November 2018 ILCA World Council where LP requested that such a meeting be organized at the Dusseldorf Boat Show in January 2019. ILCA refused to respond even after several subsequent reminders of the importance of such a meeting. LP is still prepared to meet with ILCA and WS.

6. Why has LP not allowed inspection of Laser manufacturing facilities:

• It should be noted that ILCA has not inspected LP manufacturing since June 2015.

• LP has refused access to ILCA for inspection in May 2019 given the expiry of the ILCA license from 31 August 2019.

• LP has offered and World Sailing has agreed to participate in inspection of LP manufacturing by ILCA.

• The issue is not about non-compliance by LP, it is about ILCA’s lack of a proper inspection regime.

• It is an absolute responsibility of the class to inspect its builders. ILCA have not done so for the past four years whilst issuing plaques to LP. This attests to the strong compliance culture and commitment of LP to One Design.

7. Is LP cooperating with World Sailing?

LP has met with World Sailing and has fully briefed and discussed its position. They have indicated that they would be willing to participate in a meeting with ILCA. WS has also confirmed that it stands ready to participate in an inspection of LP manufacturing.

8. What is LP’s position about competition and FRAND?

LP has prepared a note on its position on this subject Laser Antitrust Doc Final . This has been discussed with WS who indicated that in general LP position is in line with their requirements.

9. What has been the reactions been to ILCA’s recent actions?

A selection of class response can be found here Comments about ILCA Action Against LaserPerformance

Related Articles

Fernhurst Books' Sail to Win series
Ben Ainslie's Laser Campaign Manual While we can't race much at the moment, that's no reason not to try to improve. In this 10-week feature we will be providing an extract from each book in Fernhurst Books' Sail to Win series. Posted today at 5:21 am
The next stage of return to training
British Sailing Team prepares following the latest Government guidance for elite sport The British Sailing Team is preparing to move to the next phase of its return to training following the latest Government guidance for elite sport. Posted on 29 May
Reflections on a life afloat: Frostbiting lessons
Latest musings from Sail-World's David Schmidt in the USA Given the amount of time that Washington State's novel coronavirus lockdown has given me for contemplation, I've recently found myself reflecting on my first day of frostbiting - and Laser sailing - in 1989 at the ripe age of 13. Posted on 12 May
The UKLA Laser Archive
The Laser dinghy will celebrate its official 50th birthday in 2021 In 2021 the Laser dinghy will celebrate its official 50th birthday. Since its unveiling at the 1971 New York boat show there have been over 217,000 built. In these strange times, when racing is only virtual and dead easy to pause, I'd like your help. Posted on 11 May
Wearn's long wait for Olympic debut
One of the first Australians picked to compete at the Tokyo Olympics As one of the first Australians picked to compete at the Tokyo Olympics, Matt Wearn's wait for his Games debut will feel longer than most. Posted on 10 May
US Sailing confirms eight athletes for Tokyo 2020
Earning selection to the 2020 U.S. Olympic Sailing Team The United States Olympic & Paralympic Committee (USOPC) released Guiding Principles for Tokyo Olympic and Paralympic Selection Procedures, on Tuesday, May 5, 2020. Posted on 6 May
Introducing the 2020-2021 Canadian Sailing Team
And Canadian Sailing Development Squad Sail Canada is proud to announce the members of the 2020-2021 Canadian Sailing Team and Canadian Sailing Development Squad. Posted on 2 May
SOF Hyères goes virtual
All possible options have been scrutinised As for today, the organisers are working on the 2021 edition together with their sponsor Toulon Provence Méditerranée and with World Sailing for an outstanding edition next year. Posted on 16 Apr
2020 U.S. Youth Sailing Championships postponed
Originally scheduled for June 20-24 at Pensacola Yacht Club US Sailing and the Pensacola Yacht Club (Fla.) have collectively decided to postpone the 2020 U.S. Youth Sailing Championships due to the COVID-19 outbreak. Posted on 14 Apr
BOA and RYA issue joint statement
On athletes selected for the Tokyo 2020 Olympic Games The 15 sailors already named to represent Team GB at the Tokyo 2020 Olympic Games will remain the same for the rescheduled Games in 2021, the British Olympic Association (BOA) and the Royal Yachting Association (RYA) have today confirmed. Posted on 14 Apr
Gul 2020 FOOTERVaikobi 2019AUG - Footer 1Highfield Boats - Sailing - FOOTER