Latest legal briefing for global format industry to launch April 2017
FRAPA has announced a strategic partnership with international law firm Baker & McKenzie to develop and launch the new FRAPA Legal Report 2017. It looks into the protection of format rights under international law, and provides a practical, user-friendly guide to the legal options available to format creators.
The new publication, to be released April 2017 will update FRAPA’s 2011 publication, which examined over 40 reported judgements in 14 major TV territories. It will also extend the reach of the 2011 report to include 20 territories.
Baker & McKenzie has been ranked as the world’s number-one law brand for the past seven years by independent insight experts Acritas. It works with 500 companies across 47 territories and counts many of the world’s biggest media and entertainment brands among its clients.
Following the model pioneered by The FRAPA Report 2011: Protecting Format Rights, the 2017 publication will present an analysis of the legal protection available to the global TV community under the laws of copyright, unfair competition, passing off, breach of confidence and trade mark. It will also identify the key components of a television format —creative concept, production know-how, name, visual features, catchphrases, branding ¬— and list the ways in which these can be protected. Given the absence of any statutory provision covering a ‘format right’, a television format can be considered to be a bundle of proprietary rights, all of which are protectable under a suite of laws.
Eugene Arievich, partner at Baker & McKenzie, said: “Many legal cases are centered on copyright law but, increasingly, format creators have looked beyond this and pursued claims for passing off, unfair competition and breach of confidence with great degrees of success. The 2017 report will consider these cases in detail and the protection available to media formats around the world.”
Missing Link Media’s Jan Salling, co-chair of FRAPA, said: “This year alone, we’ve seen huge growth in our membership and we’re adding more services by the month. Given the escalation in the number of high-profile cases with which we’ve recently been involved, we firmly believe our 2017 report couldn’t be better timed for an industry desperate for clear, robust legal information.”
The Gurin Company’s Phil Gurin, co-chair of FRAPA, added: “Baker & McKenzie brings to the 2017 FRAPA report unrivalled international expertise in managing and protecting intellectual property in multiple jurisdictions under a complex array of laws and levels of enforcement. As successful formats become more valuable, they also become more vulnerable to theft — as has been highlighted by the recent spate of infringement cases. This report will provide our global community of format creatives with the tools they need to protect their most valuable business assets.”
The partnership with Baker & McKenzie comes in addition to FRAPA’s ongoing collaboration with the International Format Lawyers Association (IFLA).
FRAPA – the Format Recognition and Protection Association — is an international body dedicated to the protection of formats. Established in 2000 by a group of key industry professionals, FRAPA now represents numerous companies from within the television and broadcast industry. Its members include format creators, producers, distributors and broadcasters.
As an independent, non-profit association, FRAPA’s key services include registering format proposals; providing consultation in disputes arising out of claims of format plagiarism; creating guidelines for fair competition; and educating the industry and the law regarding the protection of formats.
For more information, please contact:
Bianca Rootsaert at FRAPA
T: +31 (0)651368653