1st International Seminar on Intellectual Property
Vajiravudh Scout Camp, Chonburi Province, Thailand 1 - 4 September 2009 TABLE OF CONTENTS
Aim and Objectives page 1 Seminar Recommendations page 2-4 Resource Speakers Presentation - Introduction to Intellectual Property page 5-9 - Protection of Intellectual Property page 10-11 - How to use IP at National level page 12-13 - Presentation of ownership of trademarks of World Scouting & WOSM’s Policy on Trademarks page 14-17 - WOSM Policies on trademarks for programmes and official event page 18-19 - Copyright on BPs work page 20-21 Group Work Presentation page 23-25 Annexures Participants Directory page 26-29 Staff Directory page 30-33 Workshop Programme page 34 Opening & Closing Ceremony Programme page 35 Photos page 36-37 AIM AND OBJECTIVES
Aim
To bring greater awareness on the importance of legal protection of Scouting name, emblem and other insignias.
Objectives
1. To provide information on what is Intellectual Property (IP) 2. Discuss the steps in protecting IP and its advantages 3. Share information on International Law on IP 4. Share best practices in Scouting on IP
1 RECOMMENDATIONS
Seminar Recommendations
For consideration and possible adoption by the participants of the 1st International Seminar on Intellectual Property jointly organized by the World Scout Bureau Central Office-Geneva and the Asia-Pacific Region.
Introductory Statement
The core purpose of the seminar is to bring greater awareness on the importance of the legal protection of Intellectual Property for Scouting and this needs more elaboration. There have been previous efforts exerted toward this end but have not produced the desired results. In the meantime, various cases of infringements, counterfeiting, illegal manufacture, sale and distribution of various scouting merchandise are being committed in increasing trend without clear policies, rules and guidelines from the WOSM, World Scout Bureau, Inc., Regional Committees and even at the level of most NSOs on how to deal with these violations on the rights and interest of the scouting movement. In order to establish a clearer picture and historical account and perspective of this highly contentious issue, reference must be made on the following:
1. Resolution 10/1988 on the world scout Emblem where the conference resolved, among others, to request the cooperation of all National Scout Organizations in ensuring adequate legal protection of the World Scout Emblem.
2. Conference Resolution no. 5/1969 which was appendix VI to Minutes of the World Committee meeting in July 1973, Nairobi, Kenya(Minutes no. 12/1973), directing the World Bureau, “to control protection of the World Scout Emblem and to license whenever appropriate its reproduction in any form integrated for sale.”
3. World Scout Committee Decision, Meeting 04/2006, on the brand management (Section 3.3 of the Progress Report), where : it agreed, among others, on the launch of a feasibility study “to look at solution in terms of Brand protection, management of trademarks, rights and licenses in conjunction with the various shareholders of the World Scout Brand (SCORE World Scout Foundation, NSOs, organizers of International Scout Events)”; and
4. World Scout Committee Decision, Meeting 09/2006, where it approved the following decisions:
- Given the Conference resolutions 12/61 and 5/69, the World Scout Committee affirms the World Scout Emblem belongs to the World Organization of the Scout Movement and that this property is managed by its legal representative the World Scout Bureau, Inc.
- Given its previous decision regarding to the creation of a new World Scouting Brand logo, the World Scout Committee, confirmed that this logo belongs to the World Organization of the Scout Movement and that this property is managed by its legal representative, the World Scout Bureau, Inc.
The World Scout Committee asks the World Scout Bureau to publicise the rules, terms and conditions for any use of the World Scout Emblem and of the World Scouting Brand Logo.
Given the foregoing background, the following are the present day realities:
• The WSE is a registered trademark having been registered for the first time in 1972 under the Hague System and the protection ended under this system on June 8, 1987.
As a renewal was no longer possible under the Agreement of the Hague, the emblem was registered as a Trademark under the Madrid Agreement in 1988. Initially, this protection covered 24 countries, and could be extended to all countries by individual registrations. Today, the Agreement covers 78 countries, including the EU, China and many others.
2 The initial protection period has a length of 10 years that then can be completed before the 15th December 2008, date at which the protection ends.
From all indications, the efforts to pursue the legal protection of the Intellectual Properties of the WOSM continue but in view of the present day realities where most of the member countries are not members the WIPO and neither are they signatories to the Madrid Agreement, it becomes even more important and imperative that the WSB, Inc, the regional Committees and the NSOs must work together to formulate a much clearer, definitive specific and workable protocols, policies, rules or guidelines aimed at ensuring the legal protection of all WOSM Intellectual Properties at all levels.
At this point however, there are specific gaps and loopholes that require to be addressed and resolved in order to assure appropriate and timely availment of appropriate legal action/s and remedies at the level of the WOSM and the NSOs. These are:
* Lack of appropriate dissemination of vital information related to the Intellectual Properties of the WOSM.
* Lack of appropriate legal mechanism or arrangement that will govern the relations between the WOSM represented by the World Scout Bureau, Inc, in the matter of registering WOSM’s Intellectual Properties by the NSOs in their respective countries and the extent of their authority to seek legal remedies in case of violation thereof;
* Lack of coping or enabling mechanism for NSOs to assume a much deeper involvement and responsibility in the protection of WOSM’s Intellectual Properties as they, themselves, are not even protected in their own respective countries for lack of specific national laws protecting their rights and interests;
RECOMMENDATIONS
In the light of foregoing findings and observations and in order to achieve the core purpose and objective of this seminar, the following recommendations are suggested for consideration, approval and adoption by the participants:
1. That the WSB, Inc, together with the Regional Scout Committees and National Scout Organizations conduct a massive and wider dissemination of all information related to ensuring adequate legal protection to all WOSM and NSOs Intellectual Properties;
2. That the World Scout Bureau, Inc. together with the Regional Scout Committees and NSOs, formulate an appropriate legal mechanism or arrangement that will govern the relations between the WOSM and NSOs in the matter of registering WOSM’s Intellectual Properties by NSOs in their respective countries and the extent of their authority to seek legal remedies in case of violation thereof;
3. That the World Scout Committee urge and influence the NSOs to convince their National Legislature to pass an enabling law providing for a charter of their Scout organization defining their creation as a voluntary organization, specifying their powers and functions and providing for their rights and interests so that they are amply protected.
4. That the WSB, Inc., conduct a sequel or continuing seminar to be attended specifically by National Executive Board Members representing their Legal Committees to update them on the latest trends and development on Intellectual Property and the continuing efforts of the World Scout Bureau, Inc., on this matter;
3 5. To extend the participants’ thanks and gratitude to the National Scout Organization of Thailand for their warm hospitality and successful hosting of this first-ever International Seminar on Intellectual Property; and
6. To extend the participants’ thanks and gratitude to the World Bureau Central Office/Geneva and the Asia-Pacific Regional office for organizing the 1st Intellectual Seminar on Intellectual Property which resulted in achieving greater awareness on the importance of the legal protection of Intellectual Properties for Scouting; and
7. To extend the participants’ thanks and gratitude to all the Resource Speakers, Facilitators, Staff, Personnel and all the Volunteers who made this seminar truly successful and rewarding.
RECOMMENDATIONS COMMITTEE
1. Kapila Kalyana Perera (Sri Lanka) 2. Noshir Shapurji Wadia (India) 3. Wendel Avisado (Philippines) 4. Grace Tam (WAGGGS/ APR)
Adviser : Amnat Changrien (Thailand)
4 RESOURCE
Introduction to Intellectual Property (IP) SPEAKERS
Daniella Doueiry WOSM Representative (UN and International Organizations) PRESENTATION
HISTORY
• The roots of the World Intellectual Property Organization go back to 1883
• The need for international protection of intellectual property became evident when foreign exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873 because they were afraid their ideas would be stolen and exploited commercially in other countries.
What is a patent? A patent is a set of exclusive rights granted by a State to an inventor or his assignee for a limited period of time in exchange for a public disclosure of an invention.
Exclusive rights: the right to stop others from making, using or selling an invention.
State: National Government (Patent Office)
Limited period of time: The term of a patent is the maximum period during which it can be maintained into force.
Invention: An invention is a new configuration, composition of matter, device, or process.
What makes an invention patentable? The invention must be novel, useful and not obvious.
• "Novel" means the invention was never patented before you invented it, never described in a publication, never in public use or on sale, by others before your invention.
• "Useful" be capable of industrial application
• "Not obvious" Involve an inventive step
How long is a patent in effect? The term of a patent is usually expressed in number of years either starting from the filing date of the patent application or from the date of grant of the patent.
In most patent laws, renewal annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Otherwise the patent lapses before its term.
5 Life and duration of a patent
Country Protection Term Renewals
Algeria, Bahrain, India, Iran, Jordan, Kuwait, Lebanon, Malaysia, Morocco, Pakistan, 20 Years Not applicable Singapore, Sri Lanka, Sudan, Tunisia
Bangladesh, Gaza, West Bank 16 Years Not applicable 5 years Only for medicinal Japan, Cyprus, Iraq, Korea 20 Years products
What can be patented? What cannot be patented?
Patents cover: • Purely mental processes/ideas • Machines • Mathematical algorithms or formulas • Articles of manufacture • Inventions solely useful in making atomic • Methods (processes) weapons • Compositions of matter (chemicals, cell lines, medicines) • Human beings
Effects
A patent is not a right to practice or use the invention. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees.
A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.
Governing Laws
National laws Commonly, a national patent office has responsibility for the grant of patents, with infringement being the remit of national courts. International Treaties • World Trade Organization (WTO) (Agreement on trade-related aspects of intellectual property rights). • TRIPs Agreement (Terms that regulates a patent in the absence of a national law) • Paris Convention for the Protection of Industrial Property (Claiming Priority: filing an application in any one member state of the Paris Convention preserves the right for one year to file in any other member state, and receive the benefit of the original filing date).
6 What is a trademark? A trademark is a distinctive sign used to identify certain goods and services as those produced or provided by a specific person or enterprise. Ex: - DELL is a TM that identifies goods (computers) -CitiBank is a TM that relates to services (Banking)
Most valuable brands - Coca Cola $66 Billion - IBM $59 Billion - Microsoft $59 Billion - GE $53 Billion - Nokia $35 Billion
What kinds of things can be a trademark? • A word “Exxon” or combination of word “Coca-Cola”. • Letters and abbreviations “BMW, IBM, MGM..” • Numerals “7/11”, Names “Ford, Dior”, Abbreviation of names “YSL” • A phrase or slogan: "I'm lovin' it" for fast food (McDonalds) • A symbol or drawing ("logo"): • A character: Mr. Peanut (Kraft) • A shape: the famous Coca-Cola bottle. • A distinctive building design: KFC's striped roof, McDonald's Golden Arches • In rare instances, other things, such as: –A sound: Tarzan's yell or the MGM lion's roar –A spoken phrase: beep beep "M C O" –A piece of music: the Lone Ranger "William Tell Overture" theme –A light display: "pre-programmed rotating sequence of a plurality of high intensity columns of light projected into the sky
1- Pick a distinctive trademark which will set a tone for your product or service, and make customers want to buy it.
2- The mark needn't be descriptive. Trademark professionals call this the "strength" of a mark - you want a mark which is as strong as you can make it. • There is a spectrum of types of marks, ranging from very strong to very weak:
Very Strong Strong Less Strong Weak Not a mark
Coined Arbitrary Suggestive Descriptive Generic
Xerox Apple Rent-a-Wreck Very Best Panadol
7 How do I find out whether a mark is already registered? • Conducting a search on national and/or international level • Internet access or checking the registry at the trademark office on national level
How is a trademark registered? • Application must be filed with the appropriate national or regional TM office. It should contain: - A clear reproduction of the sign, including any colors or forms - A list of goods and services to which the sign would apply. • Conditions : A sign: - Must be Distinctive - Must not be Deceptive - Should not be contrary to public order or morality - Should not be identical to or confusingly similar to an existing TM
A Typical National TM Registration Process
Search Application Examination Publication Registration
Claiming of Colors If I register my mark in color can someone else register or use the mark in a different color or font?
Unless the color is essential, don't claim it. If you register the logo in black and white, without claiming colors, no one can register or use a confusingly similar logo in any color (or no color) without infringing your mark.
If you consider the colors to be an essential part of the mark, for example think of the Mobil sign, where the "o" is red and the "M-bil" is blue. They registered both as a word mark and in color, because they want to preclude others from using "Mebil" (word mark) and also "Force" with the "o" in red and the "F- rce" in blue.
How long is my trademark valid?
Country Protection Term Renewals
ARIPO, CTM, WIPO, OAPI, Djibouti, Iraq, Jordan, Kuwait, Libya, Oman, Qatar, KSA, Tunisia, UAE, West Bank, 10 Years 10 Years Yemen, Yugoslavia, Malaysia, South Africa, Argentine, India, Indonesia, Venezuela
Ethiopia 6 Years 6 Years Gaza, Nigeria, 7 Years 10 Years Lebanon, Canada 15 Years 15 Years Pakistan 7 Years 15 Years
Classes If I register my mark in one class, can someone else register the mark in another class?
Similar/identical trademarks can be filed by two different owners in the same country to claim different classes of the International classification of goods and services provided that: 1- different fonts and logos are used, 2- the classes to be protected are not related and most important 3- the trademark to be registered is not a FAMOUS trademark (such as Mercedes, Versace, etc).
Different goods and services have been classified by the International (Nice Classification of goods and services into 45 trademark classes (1 to 34 cover goods, and 35 to 45 services).
8 What is copyright? A copyright is the right to control and benefit from your works of "artistry" or "authorship".
What kind of works may be covered by copyright? • Literary works (books, magazine articles, instruction manuals, etc.) • Computer programs/software (including Web Pages) • Musical works • Dramatic works (stage plays, screenplays, speeches) • Works of Art: Pictorial works (paintings, photographs, murals), graphic works (maps, architectural plans, advertisements, posters, etchings), sculptures, etc. • Motion pictures, TV shows, and other audiovisual works • Architectural Works (buildings)
Copyright does not protect Ideas Works prohibited by law Government documents Calendars, numerical tables and formulas
How do I copyright my work? Copyright is something which you have as soon as your work is "fixed in a tangible medium of expression. A work is "fixed" when you put it in a form that it can be seen by others (written down / painted / sculpted, etc.). So I have a copyright already
How do I protect my copyright? Give the proper notice: • Symbol (©) or the word "copyright" • the year (normally, the year of creation or publication), Example: © Copyright • and the name of the copyright owner. 1997-2008 Betty and Michells, PC
What rights does copyright give? Right of publication (to decide whether to make the work available to the public) Right of authorship (to claim authorship and have your name connected to the work) Right of alteration (to change or authorize someone else to change your work) Right of integrity (right to protect your work against distortion or mutilation) Right of exploitation and remuneration (right to reproduce, perform, broadcast, exhibit, distribute, adapt, translate, annotate or compile, or authorize someone else to do so, and to be paid for those actions)
Life and duration of a copyright In most countries, Author's life plus 50 years following the author's date of death In the US the copyright will last for the author's life, plus 70 years.
9 Protection of Intellectual Property (IP)
Definition IP, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields
An IP right provides protection to the owner of the mark / patent / copyright by ensuring the exclusive right to use it, to identify goods or services, or to authorize another to use it in return for payment.
Who should seek protection? Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries, and inventions; and words, phrases, symbols, and designs.
What to protect? Patents Trademarks Copyright
Why protect IP?
Patents Protection of IP rights is an incentive to human creativity Promotes respect for individual artists, and enables them to earn livelihoods Prevents infringement and “free riding” IP serves as an instrument for cultural, social, economic and technological development New creativity helps create sustainable and competitive businesses locally and internationally IP-based industries contribute significantly to national economies
How to protect its IP rights? Registration Market search & Investigation Anti-Counterfeit/Anti-Piracy Actions Litigation and Legal Procedures
Copyright registration process Governed by the Berne Convention Copyright: In general, registration is voluntary. Copyright protection exists from the moment the work is created. However, registration provides important benefits, such as proof of ownership.
10 Enforcement of a copyright Infringement occurs if someone, without authorization, performs an act over which the copyright owner has the rights Copyright law imposes civil liability (stop the act, remedy the damage, make a public apology, pay compensation) Infringements include: - copying your work without consent - publishing the work under their name - exhibiting, distributing or adapting the work without consent - exploiting the work without payment… Copyright disputes can be settled: - in the courts - using alternative dispute resolution (arbitration, mediation)
Trademark registration process The application for registration of a trademark must be filed with the appropriate national or regional trademark office.
Systems of registration around the world Madrid System (International registration of around 80 countries) The Madrid System for the international registration of marks is administered by the International Bureau of WIPO located in Geneva, Switzerland
Legal measures for protection • Market Investigation to spot the products and inquire about their source, quantity, distribution etc.. • Summary Interlocutory procedure filed before the court of summary matters. This action intends to seize the counterfeiting products and keep them confiscated until a final decision is taken by the court. • Filing a trademark counterfeiting action aimed at destroying the products and to claim damages from the perpetrator. • The penal way through a complaint before the Public Prosecutor followed by a penal court action when the infringers are indicted.
11 How to use IP at national level
IP in Business • IP Audits - Identification of IP rights & Ownership - WOSM Ownership - NSO Ownership (badges, books, CDs, Logos, uniform, camping materials, pins, souvenirs etc) - Valuation - Expected amount of income from these products - Registration on national and International level
• Risk Management - Infringement products in local market - Reproduction of printing materials without owner’s consent and selling it at a cut price - Use of similar or identical goods of lesser quality, harming thus the reputation of the legitimate owner (Image), and inflicting on him serious financial loss
Merchandising for Scouting Merchandising involves at least three areas of interest for Scouting:
• Brand merchandising, based on products bearing the name, emblem or logo;
• Celebrity merchandising, e.g. products bearing the image of the Founder;
• Event merchandising, based on products related to the image and content of events (e.g. a Jamboree).
Merchandising & values Merchandising needs to respect both the corporate image of the organisation and, of course, its values.
For example, one could not imagine using a logo on a T-shirt that does not correspond to the organisation’s visual identity including the use of colours).
Neither could one imagine producing bottles of beer with the organisation’s logo at an alcohol-free event (e.g. a Jamboree).
Thus, merchandising needs to be in line with a code of ethics. For example, one would avoid products involving the use of child labour or those made from banned materials, such as ivory.
Quality Control First and foremost, licensing arrangement must be designed to maintain the value and integrity of the trademark and allow for licensed products or services that maintain the uniform, consistent quality expected by consumers of the brand.
Quality controls protect the trademark owner's reputation by specifying certain minimum quality standards must be met by the licensee; standards that consumers rely on in making their purchasing decisions.
12 IP in Business • Ownership & Finance Sell the original works, or copies License your economic rights (give permission to someone to copy, use, reproduce the work on certain terms) and provide a direct source of revenue through royalties. –exclusively or non-exclusively –all rights reserved, or few rights reserved Consider them as an asset for obtaining finance
• Identify your potential customers Scouts on National level Scouts on International level Non-Scouts interested in Scouts items
• Marketing & Sales Plan Who are the key players? What is the ideal customer like? What is their profile? » Discuss critical partners (current and future) » Describe who sells your product or service How and what do customers buy? What is the price? One-time or recurring payment? How will you market and sell your product or service?
• Protect its IP rights Search new products & trademarks before using Protect new products and designs Register trademarks Maintain records Protect your IP rights as they are a marketing tool and the basis for building a brand image and reputation Get signed agreements from your producers and sales offices Monitor marketplace for infringements
• Growth Getting fundraising facilities from big companies Getting sponsorship agreements based on your image and reputation Getting bigger revenue from the sale of products Getting bigger revenue from license agreements
13 Presentation of ownership of trademarks of World Scouting & WOSM's Policy on Trademarks
Charles Andrew Revkin Unit Manager, IP and Partnership WSB/ CO
The Trademarks
The World Scout Emblem The Scout emblem was created by Lord Robert Baden- Powell. The fleur-de-lys, which indicated ‘north’ on old maps, is a reminder that Scouts must be as reliable as a compass; they must respect Scouting’s ideals and help show others the way.
The three “petals” symbolise the three duties: duty to God, duty to others, duty to self. The two stars represent truth and knowledge, and the ten points of the stars symbolise the ten articles of the Scout Law.
The rope tied with a reef of square knot symbolizes the unity and brotherhood of the Movement throughout the world. Even as one cannot undo a reef knot no matter how hard on pulls on it so, as it expands, the Movement remains united.
World Scouting Brand Logo The brand logo consists of the World Scout emblem, the word “Scouts” and the vision of the movement “Creating a better world.” The World Scouting brand makes a social impact because it displays our active claim “Creating a Better World.”
Whats with the purple? Basically, colour can help send out a message about the brand, or make it easier to remember, or to associate with.
Why Purple and White? The colours of the World Scout Emblem and logo are a white on a royal purple background. These, too, are symbolic. In heraldry white represents purity and royal purple denotes leadership and helping other people.
Other trademarks and logos belonging to World Scouting include: - The 2007 Centenary Logo - The JOTA-JOTI Logo - as well as logos for Programmes and World Events
14 Ownership of trademarks WOSM has determined that the best strategy is that there be only one owner of the trademarks. This duty is given to the World Scout Bureau, the legal entity representing WOSM.
Registration of WSBL The World Scouting's Brand Logo has been registered in 4 classes, for products and services representing the CORE BUSINESS of Scouting:
Class 16: Paper, cardboard and goods made of these materials included in this class; printed matter; bookbinding material; photographs; stationery; instructional and teaching material (...). Class 25: Clothing, footwear, headgear. Class 35 : Advertising; business management; business administration; office functions. Class 41 : Education; training; entertainment; sporting and cultural activities.
Countries Registered List Algeria Estonia Lithuania Sierra Leone Armenia European Community Luxembourg / Benelux Singapore Austria Finland Malta Slovakia Belgium / Benelux France Mexico Slovenia Benelux Germany Morocco Spain Bhutan Greece Mozambique Sudan Brazil Hong Kong Netherlands / Benelux Swaziland Bulgaria Hungary Norway Sweden Croatia Ireland Philippines Switzerland Czech Republic Italy Poland Turkey Denmark Kenya Portugal United Kingdom (Great Britain) Egypt Latvia Romania Zambia Benelux (Belgium, Netherlands, Luxembourg) Who can use them? Member Organisations of the World Organization of the Scout Movement • International and official Scout events organisers • Contractors and suppliers of the Scout movement • Partners of the Scout Movement
Historical and background information Conference Resolution 12/1961 Conception of the World Scout Emblem (WSE)
Conference Resolution 5/1969 Defined the emblem Defined the role of the World Scout Bureau to act on behalf of the Movement to control protection of the Emblem and to license whenever appropriate its reproduction in any form intended for sale Encouraged Members to wear it as a sign of Unity Provided merchandising articles for the NSOs
First Policy on the use of World Scout Emblem World Scout Committee Decision, Meeting 12/1973 Adopted the report which was presented to them establishing a use policy for the WSE “Cat A” - Free use for identification purposes “Cat B” - 10% royalties on manufacturing costs for commercial purposes
World Scout Bureau Circular 4/1974 Publicised the new use policy for the World Scout Emblem 15 Latest decisions on World Scout Emblem World Scout Committee Decision - Meeting 09/2006 Reaffirmed that the World Scout Emblem is the property of the World Scout Bureau
World Scout Committee Decision - Meeting 03/2007 Decided on the conditions of use and commercialisation of the World Scout Emblem
World Scout Committee Decision - Meeting 04/2006 The World Scout Bureau is the owner and entity in charge of the management of the World Scout Brand and its trademarks
World Scout Committee Decision - Meeting 09/2006 Affirmed that the World Scouting Brand Logo (WSBL) is the property of the World Scout Bureau
World Scout Committee Decision - Meeting 03/2007 Decided on the conditions of use and commercialisation of the World Scouting Brand Logo
WOSM Policies on Copyright
What is Copyright • Copyright is automatic - no need to register it • Copyright protection for a work begins when the work is fixed in some sort of "tangible form." This included writing, typing to paper, and saving it on a computer. • Copyright protection ends in many countries 70 years after the death of the author • Translations are considered derivative works and as such are protected as original works
Why protect it • Copyright and its related rights are essential to human creativity, by giving creators incentives in the form of recognition and fair economic rewards. • Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. • This in turn helps increase access to and enhances the enjoyment of culture, knowledge, and entertainment all over the world.
16 Why is copyright important for World Scouting
Intellectual Property in Scouting We, in Scouting can readily identify several kinds of valuable • It protects our publications Intellectual Property. • It protects our photos We have developed, designed, written or created various emblems, • It protects our audiovisuals (trade) marks, • It protects our artistic creations names, songs, artwork, programs and publications. • It protects our music • It can be a source of revenue Each of these can be protected as items of Intellectual Property. Protection would normally be available as either Trademarks or by way of copyright. - Guidelines for the protection of Intellectual Property, p. 12
First Resolutions on Copyright Resolution 10/24 Publications, copyright The Conference suggests that all official publications shall be interchangeable when there is no copyright and with an indication of the source, with the right of free translation by the different Associations of the world of any article of their contents and of free use of their cuts.
Resolution 11/35 Publications, copyright With reference to a former resolution on this subject the Conference suggests that in the case of articles or photographs appearing in Scout periodicals of which the Association concerned does not possess the copyright, or of which for any reason reproduction is not desired without special permission, this should be explicitly stated at the end of the article or under the photograph.
Resolutions Proposal from Mexico At 12th International Boy Scouts Conference in 1949 in Norway, Mexico suggested some resolutions on copyright to be adopted. Their proposal suggested: That all work published clearly specify the desire of the Editor, Association, Author or Translator to preserve or not the copyright. That the Boy Scouts International Bureau be the go-between and coordinator in granting copyrights. In response to these suggestions, Great Britain circulated a note of comments on the proposals submitted by Mexico, in which they also had some proposals.
Report on the Translation and Public Rights of Scout Literature Creation of a “Publication Group” to study the matter further Group composed of five members from France, USA, Great Britain, Mexico and Belgium Report issued important recommendations
“The group are agreed that for the future the position should be made clear and unambiguous. It is not fitting that Scout Associations should be in dispute when their sole object should be the promotion of a common understanding in the fundamental principles of Scouting and better service to the members of the Boy Scout Movement.”
Permit should include the following information: Time limit or number of copies limitation. Permit granted for free, for a token fee or for a royalty on copies sold. Limited to the language specified. Allowed market for sale of publication. The Report on the Translation and Publication Rights of Scout Literature
17 WOSM Policies on trademarks for programmes and official event
Programme Logos WOSM's main youth programme have specific logos that identify them. The World Scout Emblem is present in both of them, as a means of identifying them as official WOSM programmes and protecting them from piracy.
National Scout Organisations who choose to adopt these programmes, may use the programme material and of course the logos. Adoption of programme and use of logos is under a system of “packs” similar to the one used for the Brand adoption
PACK 1: Basic Package The Basic Package is a free educational (non-commercial) package with all the material needed to start the SW Award Programme or World Scout Environment Programme in the National Scout Organisation/ Association.
PACK 2: Commercial Use This package contains all of the elements of PACK 1 with the additional possibility for the NSO/NSA to create its own financial resources to sponsor its national programme.
How to design an official and international scout event logo
Key Elements of a logo Faithful The logo illustrates the event’s corporate image Legible Simple and clearly read on any document, the logo should be easily remembered Identifiable People should not be able to confuse it with another logo Unifying It needs to be recognised and accepted by members and partners Adaptable It must be possible to adapt the logo to all of the event’s products and all other possible applications Durable On average, a logo should last several years, with a few intermediary alterations
1. Basic rules THE QUALITIES OF A LOGO As a logo provides a first impression (whether it is on a letterhead, on a poster or on a screen), it must abide by certain guidelines in order to guarantee its quality. Its shape, colours and fonts must be in harmony with each other. Designing a logo requires creativity and technical expertise in order to foresee its future uses. It is not simply a drawing, so you must entrust the design of a logo to a specialist.
INTERNATIONAL AND YOUTH DIMENSIONS For Official International Scout Events, the logo must contain elements that demonstrate the international and intercultural dimension of the event. The youth dimension should also be taken into account.
NATIONAL CULTURE, SPIRIT AND DREAMS The Official International Scout Event Logo should be a visual representation of the Movement's ideals and the host country's culture, spirit and dreams.
18 2. Elements THE WORLD SCOUT EMBLEM All Official International Scout Events Logos are required to incorporate the World Scout Emblem, as decided in World Scout Conference Resolution 5/1969. The World Scout Emblem should be used in line with the guidelines found in the Brand Manual. In particular, the colour specifications and minimum usage size must be respected.
INSERTION OF A CULTURAL ELEMENT: THE PARROT Among the many species of Brazilians Araras, the blue and gold (Ara ararauna) is the best known for its colours that are the same as the Brazilian flag.
INSERTION OF A SYMBOLIC ELEMENT: THE WAVES The waves represent the dynamics of Scouting, in constant “movement”. They also represent the natural resources and beauties of Brazil, highlighting the green forest and the blue rivers and sea.
PLACEMENT OF EVENT TITLE AND INFORMATION The Official International Scout Event Logo should also include the following information (if it is relevant): – Country – Year – Event number – Name of Event
THE FINAL RESULT The official languages of the region and those of the World Organization of the Scout Movement should also be taken into account.The proposed logo for the 39th World Scout Conference to be held in January 2011 in Brazil is composed of these four main elements.
3. Technical Specifications and Validation SUPPORT FROM THE WORLD SCOUT BUREAU Through the services provided by: - The Design and Audiovisuals Unit - The Intellectual Property & Partnerships Unit - The World Events Unit The World Scout Bureau is well prepared to support the Organising Committee in the development of the design of the logo so that it meets all the requirements.
PRESENTATION TO THE WORLD SCOUT COMMITTEE The Official International Scout Event Logo needs to be presented to the World Scout Committee for approval (decision 03/2007) with the relevant documentation. This factsheet contains all the items that need to be included in the documentation which must be submitted to the Committee. The World Scout Bureau is of course always ready to support the Organising Committee in the preparation of the required documentation and providing them with some examples of past submitted presentations of Official International Scout Events Logos.
TECHNICAL SPECIFICATIONS The following list contains the points that must be included in the documentation which is to be submitted to the Committee: - Concept of the logo - Colour version - Greyscale version of the logo - Negative version of the logo - Black & White version of the logo - Minimum usage size - Applications of the logo on different articles (stationery, posters, T-shirts, etc.)
19 Copyright on BPs work
“Books are the best friends a man can have. You choose those you like; you can rely on them at all times; they can help you in your work, in your leisure, and in your sorrow, You have always have them around you at your beck and call in your home” - Lord Robert Baden-Powell
• Baden-Powell's bibliography sports more than 30 publications, including books, articles and pamphlets. • Baden-Powell's work “Scouting for Boys” became the fourth best selling book in the 20th Century. • “Scouting for Boys” started an international youth Movement which today counts more than 28 millions members across 160 countries and/or territories.
Scouting for Boys Scouting for Boys was published in six fortnightly installments of approximately 70 pages each, from January to March 1908. A realistic estimate is that approximately 4 million copies of the UK edition have been sold. Extrapolating this to 87 different language editions worldwide, historic world sales of Scouting for Boys can be estimated at 100 to 150 millions copies since 1908. The book will enter the Public Domain in 2011, 70 years after the death of its author on 8 January 1941.
Origins Copyright of “Scouting for Boys” and the origins of the World Brotherhood Edition contains a series of extracts from the Minutes of the Committee of the Council from October 1945 to January 1946, explains why the World Brotherhood Edition was created Essentially, it was created “to bring Scouting back to the BP method in many countries” °¥ One can also discover that: “The Chief Scout stated that, in his opinion a World Edition of any of BP's books should be published by the International Bureau but that this was particularly important so far as “Scouting for Boys” was concerned”
The First Edition The publication of the first “World Brotherhood” Edition of “Scouting for Boys” was finally approved in January 1946 The Edition was especially intended to be given to those living in liberated countries (sic), but that others could also purchase copies at a low cost. J.S. Wilson writes about this edition that: “No change has been made in the spirit of the book, but there are one or two minor parts, of application to the British Empire only, which have been omitted, so as to ensure that the book in its entirety may be used by Scouts throughout the world”
20 Ownership of B-Ps work Report on the translation and publication rights of Scout literature
In this report it is mentioned at Clause 9 that: “The translation and re-production of world editions of certain major Scout book are controlled by the International Bureau, e. g. “Scouting for Boys” (World Edition), by the late Lord Baden-Powell. Any country wishing to publishing local editions of these world texts must apply to the International Bureau and obtain a permit. It may be that previously granted language rights of such works would affect any new application”.
And clause 13 stipulates that: “No right to translate or publish any of his books can be considered legal unless written proof is available. His books are copyright and the copyrights are held by the Boy Scouts Association in Great Britain, with the exception of World Editions mentioned in Clause 9”.
Following the publication of this report, the World Scout Conference adopted the following resolution in Austria in 1951:
Resolution 11/51: Publications, copyright a) The Conference accepts the report on Publications, translations and reproduction rights and exchange of Scout literature and recommends that this be used in the future as a guide to the procedure to be followed by the Publications Boards or Commissioners and the Scout Editors concerned; b) The Conference desires that in applying for translation rights of any of the Founder's fundamental books on Scouting the applicant country shall also inform the International Bureau so that the Bureau may approve prior to publication the translation into that language and consult any other country having that language.
Conclusion It appears, that regarding BP's works, there are two different ownerships, depending on the edition. The “World Edition” belongs to the World Scout Bureau (WSB, Inc.) The original edition belongs to The Scout Association, UK (then-called “Boy Scouts Association”). However, Baden-Powell's works will enter public domain in 2011. Copyright remains a valuable resource for any Organisation or company. We should build upon this experience and better manage our Intellectual Property in the future.
21 For more information on the use of World Scouting trademarks, refer to Pack 1, Pack 2 and Park 3 CDs distributed by the Central Office.
Non Scouting images, www.google.com
22 GROUPWORK
Group 1: LION Group 2: HAPPY FAMILY Facilitator: Dr Banchong Chompoowong Facilitator: Dr Amnat Changrien
1. Grace Tam (WAGGGS) 1. Teh Eng Lay (Malaysia) 2. Sim Eng Hock (Singapore) 2. Noshir Wadia (India) 3. Arthur Sales (Philippines 3. Suresh Pathak (India) 4. Settanun Ungkulpasvich (Thailand) 4. Wen Ping- Hsueh (Taiwan) 5. Ut Sangjitt (Thailand) 5. Rathapong Chokchairittikul (Thailand) 6. Makoto Nakano (Japan) 6. Durgesh Shankar Srivastava (India) 7. Madan Lala (India) 7. Yeo Kai Cheow (Singapore) 8. Udomsit Pattravadeelook (Thailand) 8. Sommai Verachingchai (Thailand) 9. Rajesh BAbbar (India) 9. Sanan Pahom (Thailand) 10. Chow Koo Teck (Malaysia) 10. Dr Yongyuth Vacharadul (Thailand) 11. Nipon Wongpoom (Thailand)
Group 3: PATENT Group 4: INTELLECTUAL Facilitator: Dr Kamolwan Chaiwanichsiri Facilitator: Dr Darawadee Daenraj
1. Kapila Kalyana Perera (Sri Lanka) 1. Wendel Avisado (Philippines) 2. Marry Glo Razote (Phils/ Thailand) 2. J. Rizal Pangilinan (Philippines) 3. Alan Zulueta (Philippines) 3. Pattaroj Kamopnrojsiri (Thailand) 4. Nak Hyun Kim (Korea) 4. Chan Ah Sang (Malaysia) 5. Kim Seung Su (Korea) 5. Chempaka Amalin Pahamin (Malaysia) 6. Yang Chen (Singapore) 6. Jahar Singh Thapa (Nepal) 7. Nik Faizah (Malaysia) 7. Hiroshi Iwasaki (Japan) 8. Sayun Santad (Thailand) 8. Jate Sopispongsatorn (Thailand) 9. Mansukh Lal Sharma (India) 9. Baduppe Pathiranage JS (Sri Lanka) 10. Phawinee Sonprom (Thailand) 10. Poramate Klaewkla (Thailand)
23 CREATE YOUR EVENT LOGO
Happy Family Intellectual
Lion Patent
24 25 PARTICIPANTS DIRECTORY
26 27 28 29 STAFF DIRECTORY
30 31 32 33 WORKSHOP PROGRAMME
34 OPENING CEREMONY Date: 1 September 2009
0830hrs Participants Assemble Arrival of the Chief Guest Introduction of Guests, Participants and Staff Welcome address by Mr Sommart Sungkapun Remarks by WSB/ APR Regional Director Abdullah Rasheed Official opening of the workshop Address by Mr Prakorb Mukura, Member APRSC Vote of thanks by Mr. Prapatpong Senarith Seminar Director – Group photo – Tea Master of Ceremony Dr.Banjong Chompoowong
CLOSING CEREMONY Date/Time: 4 September 2009
1230hrs Assemble in the Ceremony arena Welcome of Guest of Honor Seminar Report by Mr Sommart Sungkapun Participants’ views by 1. MR JR Pangilinan 2. Mr Sonny Kim Seung Su Seminar Recommendations by Mr Wendel Avisado Presentation of Certificates and exchange of mementos by Mr Sutham Phanthusak, Mr Georges El-Ghorayeb and Members of the APR Sub- Committees Remarks by Georges El- Ghorayeb Message by WSB/ APR by S Prassanna Shrivastava Closing Remarks and Vote of Thanks by Mr Sutham Phanthusak
Master of Ceremony: Mr. Banchong Chompoowong
35 36 37