Page 232 - World Under 18 Championships

WORLD U18

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

232 | ACTIVITIES AND OCCURENCES DURING WORLD U18 CHAMPIONSHIPS