IAAPA Intellectual Property (IP) Policy and Guidelines
IAAPA Intellectual Property (IP) Policy and Guidelines
In response to our manufacturer and supplier members' concerns regarding the protection of members' intellectual property (IP), in November 2011, the IAAPA Board of Directors unanimously approved a policy that requires a member or nonmember company that purchases exhibit space, advertising or sponsorship to own or have the rights to display and/or use the products, materials and printed content it is showcasing. The policy only applies to activities taking place under the IAAPA umbrella of IAAPA's services and it will not extend to member conflict or rights issues that occur beyond the scope of IAAPA's purview.
IAAPA'S IP PROGRAM
To support this Intellectual Property (IP) Policy, IAAPA has initiated and continues to refine a program to assist members with the education, maintenance and enforcement of their intellectual property rights. The following three components make up IAAPA's IP Program ("Program"):
- A. IP MEDIATOR
IAAPA has contracted with an IP attorney, who will function as a "mediator" for disputes between members that occur within IAAPA's umbrella of services. The attorney, referred to as an "IP Mediator" for the purposes of the Program, specializes in managing programs like this around the world and will consider the rules and requirements imposed by IAAPA, as well as the intellectual property rights of members when analyzing any complaints made through the Program.
- B. EDUCATION
IAAPA will provide members and participants information and education on IP rights and responsibilities via webinars and counseling sessions, conducted by both IAAPA and the IP Mediator.
- C. ENFORCEMENT
The IP Mediator and IAAPA will be available to consider any claims of violations of the IP Policy that occur within IAAPA's purview, whether the claim arises at one of IAAPA's Expos, in its advertising or in any sponsorship opportunity supported by IAAPA. The following summarizes the types of complaints that IAAPA will consider as part of the Program:
(1) Expo Complaints
The IP Mediator will be available to confer on the phone or on the Expo floor to investigate claims that the IP Policy has been violated, such as cases of claimed IP infringement, and/or to determine whether a violation of any of IAAPA's rules, policies or guidelines has occurred as a result of content or material displayed at an Expo. If a company is believed to
have violated the IP Policy or one of IAAPA's rules related to the display of content or materials, the violator may have to remove the offending material or display immediately. Other sanctions may also be issued when appropriate.
(2) Advertising Complaints
The IP Mediator is available to confer by phone or in person at an IAAPA Expo to investigate claims that the IP Policy has been violated and/or to determine whether a violation of any of IAAPA's rules, policies or guidelines has occurred as a result of advertising or content displayed in an IAAPA publication. If a company is believed to have violated the IP Policy or one of IAAPA's rules related to the publication of any content, the violator may have offending material removed from the publication in question and future IAAPA publications. Other sanctions may also be issued when appropriate.
(3) Sponsorship ComplaintsThe IP Mediator is available to confer by phone or in person at an IAAPA Expo to investigate claims that the IP Policy has been violated and/or to determine whether a violation of any of IAAPA's rules, policies or guidelines has occurred as a result of the sponsorship of an IAAPA program. If a company is believed to have violated the IP Policy or one of IAAPA's rules related to content that is posted during a sponsorship opportunity, the violator may have any sponsorship acknowledgment removed. Other sanctions may also be issued when appropriate.
IAAPA's IP Program is implemented through the rules and contract that each advertiser, exhibitor or sponsor is required to execute in order to participate in the IAAPA service. Below is a summary of the IP Policy for the Program, which is more specifically covered in IAAPA's rules, including but not limited to Exhibit Space Contracts, Advertising Contracts/Insertion Orders, and Sponsorship Agreements.
IAAPA'S IP POLICY
The IP Policy ("Policy") applies to corporate or legal entities that enter into a contractual relationship with IAAPA, whether as exhibitor, advertiser, sponsor, or member ("Participant(s)"). The Policy does not extend to trade show attendees or the industry in general. The Policy is enforced through the contract that IAAPA has with each Participant, including but not limited to Exhibit Space Contracts, Advertising Contracts/Insertion Orders, and Sponsorship Agreements.
In an effort to ensure any claims or disputes occurring at an event sponsored by IAAPA are handled in a non-disruptive manner, IAAPA has implemented this Policy to educate Participants on their intellectual property rights, as well as provide Participants with the services of an intellectual property attorney. This attorney, called the "IP Mediator," will function as a mediator to resolve conflict that occurs under the umbrella of IAAPA's services, such as at its Expos, in its advertising or at or through sponsorship opportunities ("Events"). At the Event and/or in the time period leading up to the Event, IP Mediator will provide assistance to Participants by evaluating complaints related to intellectual property infringement to determine whether a violation of this Policy has occurred, or whether a violation of any of IAAPA's rules, policies or guidelines has occurred. The IP Mediator will work closely with IAAPA to issue any Sanctions (as defined below), if necessary.
In exchange for the services provided by IAAPA to Participants as part of the Program, which have been made binding through the contracts that each Participant enters with IAAPA, each Participant agrees not to display any item, product, catalog, photograph or image, printed or digital material, product or device ("Content") that (i) violates or potentially violates the intellectual property or proprietary rights of another participant at an Event or (ii) that is otherwise disruptive to IAAPA, the Event or another Participant. IAAPA (in consultation with the IP Mediator) may determine - in its sole and complete discretion - whether to issue the Sanctions described herein.
For disputes or complaints arising at an Event the IP Mediator's decision shall be deemed final and binding as it relates to IAAPA or its Events. The decision will have no binding effect in a court of law.
A Participant may lodge with IP Mediator a complaint against any other Participant at an Event, or in the time period leading up to an Event. The IP Mediator's evaluation of such a complaint will be free of charge to the complaining Participant. Participants must make all claims in good faith and may be required to sign an Intellectual Property Notice, a Confirmation of the Complaint and an Indemnity as part of their complaint. Neither IAAPA nor the IP Mediator will consider claims that appear to be made in bad faith, or otherwise simply in an effort to disrupt the flow of good and fair business in the industry. As stated more completely in the contracts that IAAPA has with each Participant, the Participant will be required to release and hold IAAPA, the IP Mediator and any agent of either harmless for any claims, demands or liabilities related to (a) claim or determination that a violation of this Policy, or one of IAAPA's rules or guidelines, has a occurred; (b) a claim or determination that any Content is infringing or potentially infringing or otherwise disruptive to the Event; or (c) any other claim or determination issued by the IP Mediator, IAAPA, or its agent, related to any activity at the Event. To be clear, such release of liability will include any claims for trade libel, defamation, unfair competition or negligence. Further, Participant agrees that the exclusive jurisdiction for any dispute, claim, or demand related in any way to the enforcement of the Policy will be decided by binding arbitration. Specifically, all disputes between Participant and IAAPA shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the Orlando, Florida, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
- A. SANCTIONS FOR IP CLAIMS
When the IP Mediator, in consultation with IAAPA management, determines a violation of the Policy has occurred, IAAPA may issue sanctions ("Sanction(s)") at that time. Any determination by IP Mediator and/or IAAPA to issue any Sanctions is not a legal determination that any intellectual property infringement or violation has occurred. Instead, Sanctions shall be issued (i) to enforce the Policy as well as the rules, policies or guidelines of the Event or as otherwise required by IAAPA, such as when IP Mediator believes that the display of any Content is potentially infringing on another participant's intellectual property or proprietary rights, or (ii) when IP Mediator and/or IAAPA believes the display of any Content is disruptive to the Event.
IAAPA will determine the appropriate Sanction, in its sole discretion, based upon the severity of the violation. These Sanctions may include but are not limited to any listed below, alone or in combination:
- Removal of printed products from booth
- Removal of pages from catalogs
- Cut-out or cover images in catalogs
- Removal of product from booth
- Cover products in booth
- Covering up or deleting URL's or digital content
- Removal of price lists from booth
- Removal of videos from booth
- Removal of advertising from online or printed documents/images
- Removal or covering of images on banners
- Removal of entire exhibit booth
- Voiding of sponsorship benefits
- Fines of up to US$5000 per IP violation
The IP Mediator and IAAPA have no obligation to enforce or act on the behalf of any party and that both IP Mediator and IAAPA may, in their sole discretion, determine whether to issue Sanctions or take any action in any case. Neither IP Mediator nor IAAPA is required to take any action or issue any Sanctions in any instance. A failure by any Participant to abide by any Sanctions imposed by IP Mediator and/or IAAPA will lead to additional Sanctions imposed by IAAPA.
Once IAAPA and the IP Mediator have evaluated a claim, the Participant who was claimed to have violated the Policy will be notified of that determination as soon as reasonably possible. The determination may involve the Participant being subject to one or more of the above list of Sanctions. The Participant will be notified of the prescribed Sanction(s) and the timetable in which action for remedy, or financial payment, is required. The Participant who was claimed to have violated the Policy will also be provided this full IP Policies and Guidelines document, either in hard copy or web link, to inform them of the policy of Repeat Offenses (below) or as a first-time IP violator.
- B. REPEAT OFFENSES
Participants who repeatedly violate the Policy are subject to increased or additional penalties/Sanctions to be determined by IAAPA Management. Repeat violators are participants who have been determined to violate the Policy more than one time and potentially across multiple media sources, whether at separate Expos or trade shows or in advertising, sponsorship, or any combination thereof. Companies and individuals included in this Policy and subject to repeat offender consideration would include (i) any subsidiary, affiliate, division or related entity of a company that was subject to a prior complaint or (ii) companies or related entities offering similar products, services or technologies that are represented by the same owner(s), principal(s), corporate representative(s), officer(s), director(s) and/or management of the company subject to the prior complaint(s). There are circumstances where a combination of advertising and exhibiting could result in becoming a repeat offender at one IAAPA event.
Participants that are repeat violators of the Policy may have penalties imposed within a range of Sanctions. The potential Sanction depends upon the claim and the circumstances involved in the claim - such as, the egregious nature of the violation, a Participant's willingness to comply with the program, acting in an unprofessional, belligerent, or disrespectful manner, or otherwise disrupting the course of business at an Event. Similarly, different penalties may apply based on a Participants' history or prior accrual of seniority.
(1) Recommended Range of Penalties
Second Offense: penalties either solely or in combination and in addition to the Sanctions referenced above.
|Financial||$2,500 - $5,000|
|Seniority||Loss of 3 - 5 years of seniority|
|Tradeshow Eligibility (Regional)||Ineligible to participate in next scheduled regional Show/Expo|
|Tradeshow Eligibility (Global)||Ineligible to participate in any IAAPA global exhibition for one year|
Ineligible to advertise with IAAPA print or digital products for one year
|Sponsorship||Removal of violating sponsorship materials, and ineligibility to participate in IAAPA events for one year|
Third Offense: penalties either solely or in combination and in addition to the Sanctions referenced above.
|Financial||$5,000 - $10,000|
|Seniority||Loss of 5 years up to loss of all seniority|
|Tradeshow Eligibility (Regional)||Ineligible to participate in next three (3) scheduled regional Shows/Expos, up to inability to participate indefinitely|
|Tradeshow Eligibility (Global)||Ineligible to participate in next three (3) years of IAAPA Shows/Expos, up to inability to participate indefinitely|
|Membership||Loss of Membership eligibility for one year, up to loss of membership eligibility indefinitely|
|Advertising||Ineligible to advertise with IAAPA print or digital products indefinitely|
|Sponsorship||Removal of violating sponsorship materials, and ineligibility to participate in IAAPA events for three (3) years|
Fourth Offense: penalties either solely or in combination and in addition to the Sanctions referenced above.
|Seniority||Loss of all accrued seniority across all IAAPA events|
|Tradeshow Eligibility (Regional)||Ineligible to participate in IAAPA events indefinitely|
|Tradeshow Eligibility (Global)||Ineligible to participate in IAAPA events indefinitely|
|Membership||Loss of Membership eligibility indefinitely|
|Advertising||Ineligible to advertise with IAAPA print or digital products indefinitely|
|Sponsorship||Removal of violating sponsorship materials, and ineligibility to participate in IAAPA events indefinitely|
Should you have any questions about the Program or the Policy, we encourage you to contact IAAPA at +l 321/319-7600 or visit www.lAAPA.org for a list of relevant rules, regulations, and staff contact information.