Alexander spoke of the contents of the licences granted to the DFL by the football players. Players do not transfer all their rights, but only their rights as Bundesliga players and their rights other than in relation to their own football teams, and the football clubs transfer their equivalent rights to the DFL too. In contrast, in the US the use of a persona is governed by state tort law. As Joseph explained, licensing-in of celebrity rights starts with a definition of "Artist Rights", which might include the celebrity's real name, album name(s), nicknames, image(s), approved biography, archival images, soundbites and slogans with which the celebrity is associated, and so on.
Europe has a two-tiered system, based on national and Community rights. To make it work, one has to know exactly what are the rights contained within those two tiers. This is why TMview and a number of database products have been developed. At present, information from 47 European offices, in 34 different languages, must be processed. Tools are being created to make this information more transparent, accessible and user-friendly so that it can deliver significant benefits to all users of the European trade mark system. So far, more than 300 implementations of OHIM's 19 IT tools have taken place around Europe's offices, facilitating a convergence of national office practices and processes. Negative externalities have to be rooted out too.
|Fast track: now racing ahead|
Antonio then spoke enthusiastically about the OHIM Observatory and OHIM's work in assessing the impact of IP and attitudes towards it. He concluded with a quote from Isaac Asimov:
"It is change, continuing change, inevitable change, that is the dominant factor in society today. No sensible decision can be made any longer without taking into account not only the world as it is, but the world as it will be...". [Very nice, but the quote continues: "This, in turn, means that our statesmen, our businessmen, our everyman must take on a science fictional way of thinking". Let's see how SciFi OHIM can be!]