Tourism is one of the fastest-growing economic sectors, and it serves as a platform for economic growth and development, affecting commerce, job creation, investment, infrastructure development, and social inclusion. Tourism has played an important part in Dubai’s economic development, and it is expected to continue. One of the most significant sectors of the UAE economy is tourism. The intellectual property (IP) system emerges as a crucial element of the tourist sector’s dynamic growth. The purpose of this article is to give an overview of the most common forms of intellectual property (IP) rights that pertain to tourism. It will assist the reader in better understanding the relationship between IP and tourism and incorporating IP into tourism product creation – from destination branding to tourist policies.
- 1 What is intellectual property (IP)?
- 2 How may intellectual property rights be utilized in tourism?
- 3 Relationship between Intellectual Property and Tourism
- 4 Tourism and Trademarks
- 5 Tourism and Copyright- Protecting the Cultural expression or Heritage
- 6 Tourism and Designs -Protecting the Handicrafts and Handmade designs
What is intellectual property (IP)?
Industrial property and copyright are two types of intellectual property.
Patents for innovations, private information (trade secrets), trademarks, industrial designs, and geographical indicators are all examples of industrial property.
Literary works (novels, poetry, and plays), films, music, creative works (drawings, paintings, photos, and sculptures), and architectural design are covered by copyright. Copyright includes, among other things, performing artists’ rights in their performances, producers’ rights in their recordings, and broadcasters’ rights in their radio and television shows.
IP includes works of art, designs, inventions, computer programs, and trademarks and other symbols, names, or images used in business. IP rights are similar to any type of property right in that the creator or owner of the property has control over it and may determine how others access and use it.
How may intellectual property rights be utilized in tourism?
Each form of IP right has its own set of advantages for the owner, but a few apply to all. In general, IP rights in the tourism sector can help to: –
- Improve the management of companies and tourism destinations;
- Enhance the quality of the tourism experience and/or certify compliance with standards and protocols to build tourist confidence and improve procedures;
- Increase the market value and/or the brand and reputational value of an individual company, association member, or destination.
- Attracting investments and obtaining financing, particularly for SMEs;
- Promoting national culture and Heritage
- It helps in generating income that would not have been feasible otherwise.
Relationship between Intellectual Property and Tourism
Faced with an increasingly complicated tourist environment, all tourism stakeholders must have a thorough grasp of IP’s potential and the importance of an IP asset management plan. In the service industry, building a good brand is crucial, and tourism is no different. One of the most important aspects of a tourist destination’s competitiveness is its brand. The IP system provides various rights that may be used in the tourist industry to help build or develop the umbrella brand. Trademarks, certificate marks, collective marks, and geographical indications are examples of these.
Tourism and Trademarks
Trademarks are distinguishing markings, symbols, or phrases that aid in identifying the source of products or services and distinguishing them from those of others. Trademarks aid in the formation of an entity’s image and its use via consumer recognition. Let’s look at a few instances that we frequently see.
St. Moritz, Switzerland’s mountain resort
St. Moritz, a luxury mountain resort in the Engadin valley, has long been known for its outstanding achievements in the Swiss tourist industry. The Swiss Mountain resort of St Moritz was one of the first to register the term “St Moritz” and the tagline “Top of the World,” not only in Switzerland but also at the European Community’s Office of Harmonization for the Internal Market.
The ‘I Love NY’ Mark
The ‘I Love NY’ mark has achieved popularity outside of New York due to its extensive use, which may be found on public walkways, Manhattan cocktails, music, hip-hop, pizza, and cheesecake packaging, to name a few examples.
“Malaysia-Truly Asia” has been widely advertised on television and radio stations, embracing the country’s culture, history and Heritage, geographical settings, and other attractions.
Dubai Tourism Mark
The Dubai logo and associated marks (the Marks) are the sole property of the Dubai Government’s Department of Tourism and Commerce Marketing (DTCM). They may not be copied, reproduced, or used in any way.
Kerala is known as “God’s Own Country.”
Similarly, the trademark “Kerala — God’s Own Country” has been filed in India.
Tourism and Copyright- Protecting the Cultural expression or Heritage
Local cultural and artistic expressions are essential components of tourism services for tourists and visitors in host communities and locations. The copyright system protects local authors, performers, and producers’ work while also allowing them to profit financially from it, encouraging them to keep producing.
Copyright law also provides essential legal protection and promotes access to cultural Heritage to cultural organizations such as museums. Museums have significant assets, including copyrighted assets like the pictures of the works they purchase, maintain, and show and their communication about the works.
For example, Dubai Museum and Al Fahidi Fort:
Museums in the UAE have made significant contributions to the preservation of the UAE’s culture. It displays artwork, rare pictures and old maps of Dubai, old Arabian music and folk dance. All such work is protected under Copyright Law.
Tourism and Designs -Protecting the Handicrafts and Handmade designs
Design rights are essential in the tourist industry in various sectors, including interior design and furnishings, handicrafts and textiles, and product packaging. Handicrafts, textiles, and fashion (including clothes, purses, jewellery, and other accessories) are frequently purchased by visitors and may have unique features protected by registered or unregistered design rights. Designs commonly linked with a particular location might be used to promote that destination for tourist reasons if they fulfil the requirements for protection.
For example, ARTE in UAE:
The largest pure handmade designer, art, fashion, and craft market in the UAE is ARTE. Since 2005, ARTE, The Makers’ Market, has been running in the United Arab Emirates. The success of ARTE, which stands for ‘Artisans of the Emirates,’ may be attributed to the simple notion of showcasing handcrafted arts, design, fashion, crafts, and sweet treats created by its merchants right here in the UAE.
The purpose of this article is to provide a general overview of the subject. To know more about the protection of Tourism with Intellectual Property, don’t hesitate to contact IP experts at HHS Lawyers and Legal Consultants will assist and guide you in registering and protecting the IP relating to tourism.