Adrian Frater, News Editor
World Cup opening ceremony at Florence Hall, Trelawny. - Junior Dowie/Staff Photographer
Western Bureau:
Derrick Jones, the senior legal council for the 2007 ICC Cricket World Cup (CWC), is calling on the Caribbean public to help protect commercial rights holders in the wake of reports of counterfeit merchandising and trademark infringements in Guyana and Grenada.
We know that regardless of what provision we put in place, there are people out there who will try to beat the system, said Mr. Jones. ?We are welcoming the eyes and ears of the entire Caribbean public to help us protect the rights of the people who have paid big money to be properly licensed.
Last week, a rights holder in Guyana sought and received a court injunction against persons found peddling in counterfeit merchandise while in Grenada. Custom officials seized a cargo of illicit merchandise, which was being shipped into that island.
?We are fully aware of the Guyana situation,? said Mr. Jones. ?It was reported to the CWC and we know that the complainant had taken the matter to court and secured an injunction barring the counterfeiters from selling their unauthorised goods.
In a lucrative deal, the ICC sold the rights for all its tournaments between 2002 and 2007 to the India-based Global Cricket Corporation (GCC) for US$550 million. GCC has subsequently entered in commercial partnership with major international companies such as LG Electronics, Indian Oil, Hero Honda, Hutch, Cable &Wireless, Red Stripe, Visa, Johnny Walker, Pepsi and Scotia Bank.
While no cases of counterfeit merchandising or trademark infringements have been uncovered in Jamaica, Pauline Nelson, head of communications for the Local Organising Committee (LOC) said vigilance is the name of the game as the CWC has employed ?spotters? to identify breaches.
Counterfeit merchandise
?We have had no reports that there is any counterfeit merchandise on the market here in Jamaica,? said Ms. Nelson. I know of the Grenadian case, but I can tell you that CWC has a very stringent rule as it relates to that. We have ?spotters? all over, not only in the Caribbean region, but worldwide.
According to Robert Bryan, executive director of the LOC, the ICC has instituted measures to seek legal redress in the case of breaches. Sanctions, he said, would be determined by the nature of the breach.
The sanctions are dealt with on a case-by-case basis and is basically dependent on the nature of the breach,? Mr. Bryan said. There were some cases in the last World Cup in South Africa and I believe there is still an unsettled US$50 million lawsuit against that country.
Speaking against the background of the Grenada incident, in which items bearing the words, ?World Cup Cricket 2007?, and images with the likeness of the ICC logo on them were confiscated, Ms. Nelson said governments of the region have an obligation to crack down against the illegality or they could be held in breach.
We all have to be vigilant in trying to safeguard against things such as ambush marketing, trademark infringements and counterfeit merchandising,? said Ms. Nelson. People have paid a lot of money for these rights and we need to respect and protect their rights.
Since the 1980s, sports sponsor-ship, marketing and merchandising has become a cash cow for major international companies and sporting organisations. For the 2004 FIFA World Cup, which attracted 32.5 billion television viewers worldwide, the broad-casting rights were sold for US$1.3 billion and the trademark licensing deal was worth US$840 million.
