Ecuador scores a double win and qualifies to world standards. Initially, the Ecuadorian IP Office committed a foul by forgetting that copyrights are protected from their creation. After a 2 year process, and a review of the play, both the Ecuadorian Football Team and the IP Office respectively achieve the classification to the World Cup, and accomplished the copyright protection of the radio program EL SHOW DEL FUTBOL.
Copyright appropriation sent for review…
Alfonso Laso Bermeo, popularly known as “Pancho Moreno”, was a famous citizen of Quito, former vicemayor of the city, and a reference in the ecuadorian sports journalism known for its unique style of narrating goals.
In 1997 he created radio station La Red, which together with his family have grown to be a leader in the sports information industry in Ecuador. Among many projects 15 years ago, he and his son Alfonso Laso Ayala founded a radio show called “EL SHOW DEL FUTBOL.”
Among the many successes and recognitions, every ecuadorian remembers when Alfonso Laso Bermeo narrated the iconic goal scored by Jaime Iván Kaviedes that qualified Ecuador for its first Football World Cup in Korea-Japan.
The success and notoriety of his programs did not come alone. After more than 15 years of existence of the show, the television company GUJOAL S.A. applied in 2018 for the registration EL SHOW DEL FÚTBOL, to protect television and radio services.
Article 136(f) of Decision 486, which regulates Intellectual Property in the Andean Community, prohibits the registration as a trademark of marks that “infringe the copyright of a third party.”
In defense of the interests of our client, we filed an opposition based on the copyright over EL SHOW DEL FÚTBOL.
The National Director of Industrial Property, initially, denied the opposition, arguing that “the copyrighted work EL SHOW DEL FUTBOL has not been found in the copyright databases. Thus, they may not decide on the opposition.”
International and national regulations establish that copyright is protected solely with the creation and materialization of the work, so we appealed the decision.
While the Ecuadorian team was preparing to play the final qualifying matches for the 2022 World Cup, the Appeal Body for Intellectual Rights recognized the creation and ownership of the copyright on EL SHOW DEL FÚTBOL and consequently denied the trademark registration to GUJOAL S.A.. The great prestige and recognition of brands and radio programs continue. 21 years after Alfonso Laso Bermeo’s first scream for a goal, his son Alfonso Laso Ayala narrated Ecuador’s goal against Argentina, which secured the qualification for the fourth World Cup in Qatar.
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