IAAPA Intellectual Property Policy and Procedures
IAAPA Board of Directors adopted a policy and procedures document regarding intellectual property for companies who purchase 1) exhibit space for any IAAPA expo, 2) sponsorship for any IAAPA event, 2) or advertising for any IAAPA publications.
In general, this policy requires the purchasing company to attest that it owns or has rights to sell the product and in the event of a dispute will abide by a binding arbitration process.
We strongly encourage our manufacturers, and consultant members to become familiar with this policy to make sure you comply with its provisions.
Policy and Procedures Language:
It is the policy of the association for those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to the IAAPA Policy and Procedures on Intellectual Property;
The IAAPA Policy and Procedures on Intellectual Property will be periodically reviewed and, if necessary, revised by the Board; and
IAAPA executive staff is empowered and directed to implement and enforce the IAAPA Policy and Procedures on Intellectual Property and to report at appropriate times to the Board on the progress of that implementation.
- The International Association of Amusement Parks and Attractions (IAAPA) is the largest international trade association for permanently-situated amusement facilities worldwide and is dedicated to the preservation and prosperity of the amusement industry.
- IAAPA provides a variety of opportunities for those who provide products and services to the amusement industry represented by IAAPA to interface with the IAAPA members and non-members in the industry through media and events owned and operated by IAAPA for the betterment of the industry.
- IAAPA has a strong interest and desire to assure a “level playing field” and fair and appropriate business practices by all who assist and serve the amusement industry and utilize or participate in IAAPA media or events respectively.
- IAAPA in particular is committed to reducing or eliminating questions, issues, conflicts, controversies or contests over the ownership or use of intellectual property (IP) in connection with IAAPA advertising, sponsorships or exhibits.
- Those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to this IAAPA Policy and Procedures on Intellectual Property.
- Every individual or firm that purchases advertising in any IAAPA publication, whether paper or digital; that acquires an individual or joint sponsorship of any IAAPA event or program, or portion of an event or program; or that rents exhibition space at any IAAPA owned and operated trade show exhibition in the U.S. or elsewhere shall, as a condition of that participation, agree to the terms of this IAAPA Policy and Procedures on Intellectual Property.
- In particular, IAAPA advertising, sponsorship and exhibitor contracts will all contain a non-negotiable provision whereby the purchasing/acquiring /renting firm agrees that any claim or dispute over ownership, use, registration or assignment of intellectual property arising under the terms of this IAAPA Policy and Procedures on Intellectual Property will be resolved for purposes only of the IAAPA advertising, sponsorship or exhibition by IAAPA under the terms of this IAAPA Policy and Procedures on Intellectual Property. For these purposes, “intellectual property” or “IP” may consist of patents, trademarks or copyrights, whether registered or not in any country, as well as names, logos, titles, designs, decorations, etc.
- The contract provisions in the IAAPA advertising, sponsorship and exhibitor contracts will stipulate and clarify that the resolution of intellectual property claims or disputes over IP ownership under this IAAPA Policy and Procedures on Intellectual Property is limited in its scope and purpose to impacts and effects upon the appearance of that IP in IAAPA advertising, sponsorships or exhibits. The resolution will have no effect, and the contracting firm specifically agrees to not assert any effect of that resolution, upon judicial, regulatory, or other legal forums in any country. In short, any resolution reached under the IAAPA Policy and Procedures on Intellectual Property is for the purposes of carrying on IAAPA advertising, sponsorships and exhibit programs exclusively and is not a legal adjudication for any other purposes.
- Any party may lodge a complaint with IAAPA under this IAAPA Policy and Procedures on Intellectual Property that an IAAPA advertiser, sponsor or exhibitor is using IP without authorization that is owned, available for use, or assigned to the Complainant or to a third party other than the individual or firm that is an IAAPA advertiser, sponsor or exhibitor. The complaint must be in writing and signed by the Complainant. It must include written information, graphic representations, legal documents or other factual information sufficient for IAAPA or its designated Adjudicator to resolve the matter and to determine that the complaint is not inadequately brief and unsupported or merely frivolous. If IAAPA determines that the complaint is inadequately supported or frivolous, the Complainant will be advised of that determination and there will be no further action on the complaint under this IAAPA Policy and Procedures on Intellectual Property. Where IAAPA determines that the complaint is adequately supported and not frivolous, it will use best efforts to advise the Respondent IAAPA advertiser, sponsor or exhibitor of the complaint including the identity of the Complainant and the facts alleged.
- Each complaint must be accompanied by a fee of USD $2,500. Complaints not accompanied by this fee will not be considered under this IAAPA Policy and Procedures on Intellectual Property. If IAAPA determines that the complaint is inadequately supported or frivolous, the fee will be returned to the Complainant.
- For any such complaint, IAAPA will, through its CEO in the CEO’s sole discretion, assign and appoint an expert Adjudicator or Adjudicators, with credentials that IAAPA, again in its sole discretion, deems appropriate and adequate to resolve the matter, with IAAPA taking into account the need for expeditious resolution when the matter is time-sensitive. IAAPA will inform the Complainant and the Respondent of the identity and credentials of the appointed Adjudicator for the purpose of permitting either to raise issues of possible bias or conflicts of interest; for any such issues raised in writing and adequately supported IAAPA will resolve them in its sole discretion.
- The Adjudicator will establish and disclose to the Complainant and Respondent whatever procedures and timetable the Adjudicator deems reasonable in resolving the complaint. The Adjudicator, in his/her sole discretion, may interview the Complainant and/or Respondent privately or together; may discuss the matter with third parties or access any public or private information available to the Adjudicator, and may otherwise conduct any research or make any inquiries that the Adjudicator chooses. The Complainant or Respondent may consult with attorneys or other consultants, or engage them as spokespersons; but the Adjudicator will accord no special or additional scheduling concessions or other privileges as a result; and the Adjudicator will specifically not consider or entertain at either party’s request any judicial-type motions, filings or other such procedures. The Adjudicator may request that the Complainant or Respondent provide any information that the Adjudicator deems relevant; the failure of either to do so may be taken into account by the Adjudicator in issuing his or her resolution. Likewise the failure of the Complainant or the Respondent to cooperate in any other way requested by the Adjudicator may be taken into account by the Adjudicator in issuing his or her resolution.
- In any complaint involving an ongoing IAAPA exhibition, or other ongoing or impending publication, service or event, where an expeditious resolution is essential, the Adjudicator should require extraordinarily strong evidence of impropriety or infringement by the Respondent as the basis for an expeditious/ emergency resolution.
- In any complaint which is the subject of ongoing litigation, arbitration or adjudication in any other forum anywhere in the world, the Adjudicator has the prerogative to either proceed with a resolution exclusively for IAAPA purposes or to not proceed, in the Adjudicator’s sole discretion.
- The Adjudicator will issue a resolution to the Complainant, the Respondent and IAAPA as soon as possible, recognizing that time may be of the essence in many circumstances such as during an IAAPA trade show or expo or with an impending IAAPA publication deadline. Such a time limitation may require the Adjudicator to limit the investigation in his or her discretion.
- The resolution shall address exclusively the availability, or continued availability, to the IAAPA advertiser, sponsor or exhibitor of access to the IAAPA medium, program, publication or event. The advertiser, sponsor or exhibitor must immediately adjust its activities or pronouncements to be consistent with the Adjudicator’s resolution or otherwise forfeit the right to continued participation.
- If the resolution requires the Respondent to remove or dismantle products or displays from an IAAPA exhibit space, the Respondent will do so as soon as that can be accomplished and will, while awaiting the removal or dismantling, cover the products or displays from view during exhibit hours.
- Where the Adjudicator has issued a resolution against the Complainant and in favor of the Respondent, the initial fee paid by the Complainant is forfeited and will not be returned. Where the Adjudicator has issued a resolution against the Respondent and in favor of the Complainant, the initial fee paid by the Complainant must be paid by the Respondent to IAAPA and will be reimbursed by IAAPA to the Complainant. Failure by the Respondent to pay the fee to IAAPA will automatically disqualify the Respondent from any future access to IAAPA advertising, sponsorship or exhibits until the fee is paid. The IAAPA Board of Directors may determine that a Respondent who has failed to pay the fee under this IAAPA Policy and Procedures on Intellectual Property should be removed from existing IAAPA membership or disqualified from future IAAPA membership
Liability and Legal:
- The Complainant and the Respondent each releases, holds harmless, indemnifies and defends IAAPA, the Adjudicator(s) appointed by IAAPA, and IAAPA’s volunteer and executive leadership from any liability arising in any way from promulgation or enforcement of this IAAPA Policy and Procedures on Intellectual Property.
- The Complainant and the Respondent each further represents and warrants that it will accept and bring no challenge in any forum to challenge or seek to overturn or modify the resolution of the Adjudicator under this IAAPA Policy and Procedures on Intellectual Property including but not limited to in judicial review in any court in any country.
- The Complainant and the Respondent each finally commits that it will not reference or refer to the resolution of the Adjudicator under this IAAPA Policy and Procedures on Intellectual Property as support for, or evidence of, intellectual property rights before any agency, court or other decision-making body in any country.