HOW SAFE IS YOUR FORMAT?

FRAPA initiates report into global format protection

FRAPA is seeing in 2010 with a range of new initiatives, chief among which is a new report — thought to be a first — into the current state of format protection around the world. Joanna Stephens reports.

JONATHAN Coad, head of the Swan Turton’s litigation group, is described on the UK law firm’s website as “a tenacious litigator” who does a “splendid job in providing the right answers”.

This will come as particularly good news to FRAPA, which has entrusted Coad with providing an answer to a question that has been vexing the TV industry since the BBC paid CBS $50 for What’s My Line back in 1951. “And that question is, to what extent are TV formats protected around the world,” says Coad, who is aiming to complete the FRAPA-commissioned survey into the global state of intellectual-property (IP) protection by next summer. The new report will be presented at MIPCOM in October 2010.

jonathan_informal-2Jonathan Coad:
“I have something of the feeling of a frontiersman”

It is an ambitious deadline. Coad jokes that his decision to take on such a challenging task on top of his already heavy caseload was “a moment of abject insanity”. But he is being entirely serious when he adds: “Most legal practice is intellectually dull, but this area is fascinating because the law is dealing with an entirely new set of circumstances, which is something it doesn’t often have to do. As a result, I have something of the feeling of a frontiersman, which is great fun. And it’s also a privilege that is given to very few lawyers.”

Fortunately for Coad — and the legal trainee he will bring in to help him with the research — he has already done much of the report’s spadework, having done extensive work in the field of format protection. Not only has he written several expert reports for international litigation, but he is also director of the International Format Lawyers Association (IFLA), which he founded in 2005 to provide the burgeoning formats industry with an international network of specialist TV and IP lawyers. Add this to his role as a legal advisor to many of the UK’s top broadcasters and producers, his busy international seminar schedule, his regular appearances on radio and television as an expert commentator on format rights — and wrongs — and it becomes clear why FRAPA decided that Coad was the right man to produce a new global roadmap of format protection.

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Welcome to FRAPA

FRAPA_Board_klein

In April 2000, industry figures from across the globe met in Cannes to debate the creation of an international industry body to combat television format piracy.  The group agreed that action was necessary and endorsed the idea of FRAPA, the Format Recognition and Protection Association.  It’s aims were succinctly stated:  “FRAPA aims to ensure that television formats are respected by the industry and protected by law as intellectual property”.

FRAPA is the international format industry association dedicated to the protection of formats.

FRAPA mediates disputes arising out of claims of format plagiarism.

FRAPA consists of more than 100 companies from within the television and broadcasting industries.  Its members include format creators, producers, distributors and broadcasters.

FRAPA is set up as an independent non-profit association.  Annual membership fees are relative to a company’s annual turnover.  A member may be ejected, if such member repeatedly fails to abide by its undertakings to the rules of the association.  The power is with the members' meeting.  The members' meeting elects the Management Board and the Steering Committee.

Please feel free to contact FRAPA to see how we can help you and your business.