In order to better understand what a format is, one must focus
on the creation process comprised of 4 stages namely: (1)
generating a program idea, (2) creating a format paper, (3) adding
production and business knowledge, and (4) broadcasting the
episode1. In most cases, the producer comes up with the
format idea whereas the broadcaster makes an investment with regard
to the whole procedure.
On account of its complex nature, there is no global consensus
as to whether a TV format should be protected within the scope of
Intellectual Property Law or Unfair Competition Law. Whilst logos
and similar signs part of a TV format may be subject to Trademark
Law protection, such protection per se does not confer protection
against format imitation. On the other hand, Copyright Law may not
always be applicable as a consequence of idea/expression dichotomy.
Therefore, protection is mostly afforded through the principles of
unfair competition and/or breach of confidence2.
