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ISAF Anti monopoly regs coming?
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JimC View Drop Down
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Posts: 6662 		Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Topic: ISAF Anti monopoly regs coming?
    Posted: 09 Nov 17 at 4:59pm
Just been reviewing the ISAF submissions for the Annual conference. There are a good number about proposed anti-monopoly and Antitrust regulations. Seems EU law is becoming an issue. Here's an example. Its all very interesting in light of Laser/Sunfish/LPE... anyone know more?


Purpose or Objective

To introduce an Antitrust Compliance Programme in the process of Selection of Equipment for the Olympic Sailing Competition

Proposal 1 New Regulation - 23.1.11 23.1.11

A registered trade mark shall not be selected as equipment for the Olympic Sailing Competition, unless:

a ) the trade mark is owned by World Sailing and is licensed free to any person, interested to produce the selected equipment;

b ) the trade mark is owned by the International Class Association, administering worldwide the class associated to the equipment and is licensed free to any person, interested to produce the selected equipment;

c ) the trade mark is licensed free to World Sailing or the International Class Association, administering worldwide the class associated to the equipment, with the right to sublicense free to any person, interested to produce the selected equipment;

Proposal 2 New Regulation - 23.1.12 23.1.12

Any current equipment, not complying with regulation 23.1.11 shall be reviewed for the 2024 Olympic Sailing Competition.



Edited by JimC - 09 Nov 17 at 4:59pm
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423zero View Drop Down
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Posts: 3420 		Post Options Post Options   Quote 423zero Quote  Post ReplyReply Direct Link To This Post Posted: 09 Nov 17 at 5:45pm
If this is taken up will Laser have to be dropped from Olympics ?
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blueboy View Drop Down
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Posts: 512 		Post Options Post Options   Quote blueboy Quote  Post ReplyReply Direct Link To This Post Posted: 09 Nov 17 at 6:11pm
^

No. It will have to be reviewed.
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Posts: 288 		Post Options Post Options   Quote bustinben Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 17 at 11:10am
It's certainly taking aim at the laser, and quite rightly too.  It's nothing that some changes to the class rules can't fix that would make the class better for everyone involved:

1. Remove the requirement for the laser logo and name to be anywhere on the boat from the class rules.
2. Remove the requirement for the authorised builders to have rights to the laser trademarks

The class can then select any builder they want for the equipment, rather than being forced to use the trademark holders.

To be honest I don't know why this wasn't done at the same time as removing the bruce kirby trademark from the plaque when the whole kirby/lpe lawsuit kicked off.  I would vote for those changes in an instant!


Edited by bustinben - 10 Nov 17 at 11:12am
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Old Timer View Drop Down
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Posts: 370 		Post Options Post Options   Quote Old Timer Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 17 at 1:12pm
JimC  .... ISAF was dropped years ago ... it is World Sailing now ... until the next rebrand of course.
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Posts: 3401 		Post Options Post Options   Quote Sam.Spoons Quote  Post ReplyReply Direct Link To This Post Posted: 10 Nov 17 at 4:54pm
Trade marks aside, isn't the issue with builders not more to do with intellectual property, i.e. the design of the boat? I assume that is vested in the 'rights holder' who has good reason to slap a writ on anybody building a 'Laser' irrespective of what they called it. 
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Posts: 288 		Post Options Post Options   Quote bustinben Quote  Post ReplyReply Direct Link To This Post Posted: 12 Nov 17 at 6:51pm
In the case of the laser, no.  They don't own the construction manual which documents the process required to build the boat,  all the key measurements etc.  They only own the trademark, and that's what stops the class from licensing other builders, because the construction manual and class rules say that "laser" has to be plastered all over the boat.

In other classes (nacra?) this might be the case...

Part 1 of the laser class rules defines everything you'd ever need to know about how it works:
https://www.laserinternational.org/rules-and-regulations/laser-class-rules/


Edited by bustinben - 12 Nov 17 at 6:52pm
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Sam.Spoons View Drop Down
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Posts: 3401 		Post Options Post Options   Quote Sam.Spoons Quote  Post ReplyReply Direct Link To This Post Posted: 12 Nov 17 at 9:01pm
So I could start a company building The Loser Dinghy (exactly the same as a Laser dinghy but with a different name) and nobody could sue me? I could then set up a "Loser Class Association" and declare that I would allow all "Laser" dinghies and all "Kirby Torch" dinghies to join and race events on equal terms with the 'Loser" class?
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Posts: 6499 		Post Options Post Options   Quote iGRF Quote  Post ReplyReply Direct Link To This Post Posted: 12 Nov 17 at 9:26pm
Didn't somebody already do that (set up The Loser Dinghy)only called it a Solo?
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423zero View Drop Down
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Posts: 3420 		Post Options Post Options   Quote 423zero Quote  Post ReplyReply Direct Link To This Post Posted: 12 Nov 17 at 10:26pm
Have any 'Kirby Torches' actually been built ?
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