IAAPA Intellectual Property Policy and Procedures
IAAPA Intellectual Property Policy and Procedures
It is the policy of the association for those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to the IAAPA Policy and Procedures on Intellectual Property;
The IAAPA Policy and Procedures on Intellectual Property will be periodically reviewed and, if necessary, revised by the Board; and
IAAPA executive staff is empowered and directed to implement and enforce the IAAPA Policy and Procedures on Intellectual Property and to report at appropriate times to the Board on the progress of that implementation.
- Policy and Procedures Language
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It is the policy of the association for those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to the IAAPA Policy and Procedures on Intellectual Property;
The IAAPA Policy and Procedures on Intellectual Property will be periodically reviewed and, if necessary, revised by the Board; and
IAAPA executive staff is empowered and directed to implement and enforce the IAAPA Policy and Procedures on Intellectual Property and to report at appropriate times to the Board on the progress of that implementation.
- General
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- The International Association of Amusement Parks and Attractions (IAAPA) is the largest international trade association for permanently-situated amusement facilities worldwide and is dedicated to the preservation and prosperity of the amusement industry.
- IAAPA provides a variety of opportunities for those who provide products and services to the amusement industry represented by IAAPA to interface with the IAAPA members and non-members in the industry through media and events owned and operated by IAAPA for the betterment of the industry.
- IAAPA has a strong interest and desire to assure a “level playing field” and fair and appropriate business practices by all who assist and serve the amusement industry and utilize or participate in IAAPA media or events respectively.
- IAAPA in particular is committed to reducing or eliminating questions, issues, conflicts, controversies or contests over the ownership or use of intellectual property (IP) in connection with IAAPA advertising, sponsorships or exhibits.
- Those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to this IAAPA Policy and Procedures on Intellectual Property.
- Features
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- Every individual or firm that purchases advertising in any IAAPA publication, whether paper or digital; that acquires an individual or joint sponsorship of any IAAPA event or program, or portion of an event or program; or that rents exhibition space at any IAAPA owned and operated trade show exhibition in the U.S. or elsewhere shall, as a condition of that participation, agree to the terms of this IAAPA Policy and Procedures on Intellectual Property.
- In particular, IAAPA advertising, sponsorship and exhibitor contracts will all contain a non-negotiable provision whereby the purchasing/acquiring /renting firm agrees that any claim or dispute over ownership, use, registration or assignment of intellectual property arising under the terms of this IAAPA Policy and Procedures on Intellectual Property will be resolved for purposes only of the IAAPA advertising, sponsorship or exhibition by IAAPA under the terms of this IAAPA Policy and Procedures on Intellectual Property. For these purposes, “intellectual property” or “IP” may consist of patents, trademarks or copyrights, whether registered or not in any country, as well as names, logos, titles, designs, decorations, etc.
- The contract provisions in the IAAPA advertising, sponsorship and exhibitor contracts will stipulate and clarify that the resolution of intellectual property claims or disputes over IP ownership under this IAAPA Policy and Procedures on Intellectual Property is limited in its scope and purpose to impacts and effects upon the appearance of that IP in IAAPA advertising, sponsorships or exhibits. The resolution will have no effect, and the contracting firm specifically agrees to not assert any effect of that resolution, upon judicial, regulatory, or other legal forums in any country. In short, any resolution reached under the IAAPA Policy and Procedures on Intellectual Property is for the purposes of carrying on IAAPA advertising, sponsorships and exhibit programs exclusively and is not a legal adjudication for any other purposes.
- Liability and Legal
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- The Complainant and the Respondent each releases, holds harmless, indemnifies and defends IAAPA, the Adjudicator(s) appointed by IAAPA, and IAAPA’s volunteer and executive leadership from any liability arising in any way from promulgation or enforcement of this IAAPA Policy and Procedures on Intellectual Property.
- The Complainant and the Respondent each further represents and warrants that it will accept and bring no challenge in any forum to challenge or seek to overturn or modify the resolution of the Adjudicator under this IAAPA Policy and Procedures on Intellectual Property including but not limited to in judicial review in any court in any country.
- The Complainant and the Respondent each finally commits that it will not reference or refer to the resolution of the Adjudicator under this IAAPA Policy and Procedures on Intellectual Property as support for, or evidence of, intellectual property rights before any agency, court or other decision-making body in any country.