Intellectual property rights in Formula One
Lawyers at national law firm Clarke Willmott LLP, Sarah Coe, Amy Peacey and Chloe Osborne look at intellectual property protection within F1.
As Formula One fans gear up for the start of the new Grand Prix season in Bahrain this weekend, it is crucial to understand how valuable intellectual property (IP) protection is within the sport.
Formula One teams lead the automotive industry in innovation as any performance advantage they produce based on the changes they make to the look and configuration of their car will roll out across the sector in time.
Any advantage gained due to any adjustment made in the design or component of a driver’s car can have a significant effect on the outcome of a race. There is a fine balance between the skills and experience of the driver and the performance of the engine and the dynamics of the car.
In order to protect the appearance of the vehicle or a specific component of it such as the rear wing, the F1 Teams apply for industrial design registration worldwide. Any three-dimensional shape that is used as a type or pattern in the production of an industrial or artisan product, giving it a unique appearance even in the absence of technological effects, is considered an industrial model.
It is not just the functionality of the engine that causes the buzz among F1 fans, it is the distinctive appearance of a sleek aesthetic that enables the teams to increase their fanbase and develop a productive line of merchandise as well. Due to their ability to preserve the car’s aesthetic and use it to market products like car toys and collector miniature cars, F1 and its teams benefit greatly from this.
Another IP right that is used effectively to protect their brand monopoly within the F1 industry is the protection of team trade marks, such as “Scuderia Ferrari”. The trade mark registrations carve out the F1 team’s right to quality control all named products and helps to distinguish the brand and car’s uniqueness from the cars of the other teams. This is an essential tool for setting out the unique, identifiable team features and information about their investors, their owners and allows for a return on the investment made by their sponsors who put so much money into this headline sport.
In recent years it has gone further than this and teams are not only protecting their name but also that of their drivers, the shape and look of their helmets and clothing and anything that is distinctive to their team.
For example in 2017, the owners of Formula 1 obtained a trade mark on “Shoey” as Daniel Riccardo celebrates his podium success with a “Shoey” - celebrating by drinking champagne from a shoe. This trade mark is registered in 25 countries and is only able to be used in media with the permission of the owner.
Intellectual property protection is highly valuable in the F1 world, as it is in businesses generally. It is so important to understand the relevance and value this can add to your business.
Clarke Willmott can offer licensing, distribution and strategic advice on brands and in relation to the product innovation that businesses want to roll out to customers. Do not let copycats take that innovation – look to follow the F1 teams and lead from the front in your own industry.
For more information about intellectual property (IP) protection or to request a consultation, visit www.clarkewillmott.com
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton, and Taunton and is this year celebrating its 135th anniversary.
