Page 246 - WU183.indd

WORLD U18

Intellectual property on costs, the ownership rights should also be negoti-
ated with a view to the IP rights being owned by a
Para 7.6 of the EOA provides that the LOC would, at local entity and being licenced to the international
its own expense, provide all necessary assistance to entity for use for all intents and purposes.
protect and enforce the IAAF’s rights in relation to The department also recommends that future
the marks. In particular, the LOC shall deal with: committees should have close liaison between the
marketing directorates, procurement and the secre-
(i) Any challenge to the IAAF’s ownership of, and tariat to ensure that deadlines are clearly established
any other rights it may have in relation to, marks and adhered to and to ensure close coordination
in any manner and between those crucial directorates in matters relating
KYEB
to Intellectual Property.
(ii) Any infringement or other unauthorized use
of the Marks) it further provided that the IAAF
e contracts
was the sole owner of all the Marks as defi ned
in the EOA and the LOC would not be entitled to
It was important to engage the commercial part-
take any action in relation to the protection or
ners and the LOC with legally binding contracts
enforcement of the Marks without appropriate
that clearly stated their rights and capacities. e
instructions from Dentsu and/or the IAAF.
Legal department was instrumental in ensuring the
Event mascot
contracts were ready and benefi tted both the LOC
and the IAAF.
Hosting an international event owned by a third
e Mascot design was done and approved by both
the LOC and IAAF in October, 2016. e Legal de-
similar events had a couple of challenges such as the
partment was tasked to follow up with the registra-
strict requirements of the Public Procurement and
tion of the Mascot at the Kenya Industrial Property
Asset Disposal Act, 2015 when it came to all expen-
Institute (KIPI). ere were however challenges in party (IAAF) and with global suppliers used in other
KENYA YEARBO0K
diture of public funds. e Legal department worked
the bidding process in regard to use the mascot which
in close collaboration with the Public Procurement
mascot was subsequently not used.
Oversight Authority, the office of the Attorney
Event marks
General and the offi ce of the Cabinet Secretary for
EDITORIAL BOARD
Sports, Culture and the Arts. to ensure compliance
with local laws and our international obligations
The Event Logo and colors were approved by the
under the HOA.
LOC and IAAF. e IAAF insisted on the Marks being
e other challenges presented when creating these
registered in 17 diff erent classes and being registered
in the name of the IAAF and not the LOC. As KIPI contracts included;
charges diff erent rates for international owners of IP
as opposed to local entities, this led to a signifi cant 1. e IAAF already had a format for contracting
increase in the registration cost. with the commercial partners which they pre-
sented to the LOC at the very last minute; a few
Recommendation days before the event began.
The Team recommends that in future events, 2. Late inclusion into negotiation contracts by vari-
Intellectual Property Rights should be acquired as ous departments.
soon as Kenya secures the rights to host an event.
is is primarily due to the lengthy amount of time it Legal recommends that in future that the procure-
takes for trademarks to be registered at KIPI. To save ment directorates pay a more active role in advising

246 | ACTIVITIES AND OCCURENCES DURING WORLD U18 CHAMPIONSHIPS