Solicitors scrum down for rugby players' IP rights

Rugby lawyers are set to follow their football counterparts in working on a standard players' agreement that takes account of intellectual property (IP) rights.Last week, the Gazette revealed that a component of the recent deal struck between the Professional Footballers Association and the football authorities was to restart talks regarding a revised players' contract, which have stalled over IP disputes (see [2001] Gazette, 6 December, 6).

According to leading lawyers, the increased commercial exposure rugby now receives has led to leading players' names becoming brands worthy of protection.'The proliferation of intellectual property rights is currently the leading legal issue as far as rugby is concerned, as the game receives greater exposure,' said Simon Cohen, a solicitor at Macclesfield firm Davis Blank Furniss, whose clients include England players Matt Dawson and Jonny Wilkinson.

'As the current golden boy, an important factor in Jonny Wilkinson's next contract will be the licensing of his IP rights - as it is in negotiations with high-profile footballers like David Beckham.'David Powell, a partner at Bristol firm Clarke Willmott & Clarke - which employs England scrum-half Kyran Bracken as a consultant - said: 'When the game went professional no one really took notice of IP rights and they were sold without thought, leaving a messy state of affairs.'Now clubs and unions are becoming aware of the situation and are hoping to exploit them properly.'Mr Powell is currently acting for the players' union, the Professional Rugby Players Association, in attempts to produce a contract that 'will settle the situation down in one stroke.'Realistically, I think it may be a few years before all players' IP issues are properly licensed,' he said.

'A playing contract and a separate promotional contract would be the simplest approach and may be the way forward.'Andrew Towler