Standing on the Shoulders of Idols: The Vexed Question of the Legal Protection of Formats in the Global Television Market

Here is the abstract of an IP article I recently wrote on whether the law can protect television formats from plagiarism.

ABSTRACT

Standing on the Shoulders of Idols: The Vexed Question of the Legal Protection of Formats in the Global Television Market

In recent years there have been a number of high-profile disputes in which it has been alleged that a TV format has been copied.  These disputes have not led to a body of jurisprudence from which it is possible to determine definitively when or to what extent a format can be protected.  However, it is possible to divine from them, certain ways in which formats can (or might) be successfully protected before the Courts.

The purpose of this article is to identify these and to provide guidance as to when they will (or might) enable the owner of a television format to defend it from imitation. 

The often difficult question of how to plead such claims is also given detailed consideration.

The article itself is soon to be published in the Intellectual Property Journal and was one of the prize winners in this year's IPSANZ prize essay competition.

A full copy of the article can be found here.