Industry Announcements

Changes to the Australian Rules of Racing - 24 September 2012

RISA, as the Registrar of Racehorses, is primarily responsible for administering, promoting and reporting on the Australian thoroughbred horseracing industry. These changes to the Australian Rules of Racing are necessary to ensure that RISA, Principal Racing Authorities, and Race Clubs can perform their important functions. The Principal Racing Authorities, Race Clubs and RISA's ability to do so is jeopardised if horse owners are able to register horse names as trade marks that may, if enforced, prevent the Principal Racing Authorities, Race Clubs and RISA from publishing racing information and conducting other activities that are necessary for the efficient administration and promotion of the industry.

These amendments do not give the Principal Racing Authorities, Race Clubs or RISA the ability to control the development or sale of merchandise by horse owners, or to derive any income from merchandise or prize money associated with horses. AR.18A(2) grants each registered horse owner a non-exclusive, royalty-free and non-transferable licence to use any indicia associated with his or her horse (including the horse name, image and jockey silks) for any purpose related to racing, training, promoting and otherwise dealing with the horse, including merchandise. Importantly, a horse owner may also sub-license such rights to other persons, on whatever terms he or she deems appropriate.

Horse owners and other interested parties should be aware that the Australian Racing Board recently ratified amendments to AR.18 of the Australian Rules of Racing with effect 1 October 2012, as follows:

AR.18.

1. The Registrar may refuse to register any name which for any reason he may deem undesirable.
2. The Registrar may cancel any horse's registered name for whatever reason he deems necessary.
3. Without limiting paragraphs (a) and (b) above, the Registrar may refuse to register any name, or cancel any horse's registered name, if any owner of the horse breaches AR.18A in any way.

AR.18A.

1. As a condition of the registration of a horse, and in consideration for registration of the horse, each owner (including future owners) of the horse:
   1. acknowledges that the Registrar, the Principal Racing Authorities and race clubs use the names, images, jockey silks and other indicia of horses for the purpose of administering, promoting and reporting on thoroughbred horse racing;
   2. agrees that the Registrar owns all right, title or interest (including but not limited to copyright, goodwill and reputation) in the name, image, jockey silks and any other indicia associated with the horse, whether existing before or after the horse is registered;
   3. assigns to the Registrar - to the extent that the owner owns, by force of law, any right, title or interest (including but not limited to copyright) in the name, image, jockey silks and any other indicia associated with the horse, whether existing before or after the horse is registered - any and all such intellectual property rights;
   4. undertakes not to apply, or to authorise any other person to apply, to register the name, image, jockey silks or any other indicia associated with the horse as a trade mark; and
   5. undertakes not to assert or bring, or to authorise any other person to assert or bring, any claim of ownership of any intellectual property rights in the name, image, jockey silks or other indicia associated with the horse.
      
      
2. In consideration for the assignment and undertakings in AR.18(1), RISA grants to the owner(s) a non-exclusive, royalty-free and non-transferable licence to:
   1. use the name, image, jockey silks and other indicia associated with the horse the subject of this form where RISA owns the intellectual property in such indicia for any purpose related to racing, training, promoting and otherwise dealing with the horse, including merchandising; and
   2. sub-license the same to any other person.

Please note underline denotes amendments to AR18.

Changes to the Registration Form

The Registration Form was updated 1 October 2012. From 1 November 2012 the Registrar will only accept Registration Forms using the most current version of the Registration Form dated 1 October 2012. To download the latest Registration Form please click here

Racing Information Services Australia Pty Ltd (RISA) www.risa.com.au Information Bulletin 24 September 2012

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