This Article is written by Ashirvad Gautam & this article disscuss the concepts of Intellectual Property Rights which take part among Sports.
Introduction
Intellectual property rights are recognized worldwide. The primary goal of IPR is to promote inventiveness and modernization while also protecting the reputation or goodwill associated with a brand by ensuring that the owner of the Intellectual Property rights receives appropriate credit and compensation for his original effort and is able to support himself through it. Owners of intellectual property can even prohibit others from using or copying their inventions without their permission until such creations join the public domain.
Intellectual Property rights are only secured for a certain period; for example, in this country, patents are protected for 20 years following the date of application, but copyright is occasionally protected for 60 years plus the creator’s lifetime. Even better, intellectual property owners can sell, license, or assign their rights. This blog’s major focus is on the role of IP legislation in the sports segment.
IPR & Sports in India
The field of applications of IP law encompasses various aspects of sporting events, sports brands, and so on. Intellectual property rights (IPR) can be awarded in different sectors of sports. Starting with copyrights, which broadcasters must pay a lot of money for in order to broadcast sporting events to viewers all over the world. Patents that foster innovation and technical growth will eventually lead to the creation of sports gadgets. The trademark protects a sporting brand’s reputation or goodwill.
Finally, designs protect the aesthetically pleasing value of athletic items. A sports backpack, for example, covers a variety of intellectual property rights, including the broadcaster’s use of audio-visual works to promote the bag, which is protected by copyright. Trademarks protect the goodwill associated with the bag’s brand by distinguishing it from other similar items. The bag’s attractive design is protected under design legislation. Furthermore, a patent would protect the high-tech innovation used to construct such a bag.
Trademark in Sports
Trademarks play a vital role in the sports industry, encompassing elements like logos, slogans, and other distinctive features that contribute to the creation of brand value for sports clubs, athletes, and merchandise. This branding fosters a connection with the public, particularly fans, contributing to the overall popularity and recognition of teams and players.
Here are some instances of trademark-related features in Indian sports:
The “All-India Football Federation (AIFF)”, India’s regulatory organization for football (soccer), protects its intellectual property via trademarks. The AIFF has trademarks for its logo, the name of the Indian national football team, and other official Indian football insignia.
“BCCI (Board of Control for Cricket in India)”: The BCCI is India’s national governing organization for cricket, and it oversees the intellectual property related with the Indian cricket team. To ensure the exclusive use of the Indian cricket team’s name, logo, and other assets, the BCCI holds trademarks for them.
Sports Apparel and Equipment Brands: Various local and foreign sports clothing and equipment brands operate in India and defend their trademarks. Nike, Adidas, Puma, and Reebok, for example, have registered trademarks for their logos, brand names, and product designs.
Indian Premier League (IPL): The IPL is a professional Twenty20 cricket competition in India that involves trademarked teams. Each team, like as the Mumbai Indians, Chennai Super Kings, and Kolkata Knight Riders, has its own distinct name, logo, and brand features that are trademarked to prevent others from using them.
Copyright of Sports
The Copyright law protects various forms of creative expression, including sports-related content. Photographs and other visual images of sports events, athletes, or sports-related activities can be protected by copyright. The photographers or creators of these images usually hold the copyright and have the exclusive rights to reproduce and distribute their work. Written works about sports, such as books, articles, or blog posts, can be protected by copyright. This includes original descriptions of sports events, analysis, biographies, and other related written content.
Personality Rights in Sports
A person’s right comprises the right to publicity as well as the right to one’s image, both of which stem from the individual’s right to privacy. These rights govern how someone’s identify or personality rights are utilized and monetized. The right of publicity originally only covered a person’s name, likeness, and look, but the protection today extends far more. It now protects all qualities that distinguish a person and make him or her unique. As a result, the right to publicity, as well as the right to one’s image are critical components of personality rights.
Patent in Sports
The documentation of patents offers insight into the progression of sports. As players, athletes, and teams pursue accomplishments and enjoyment, patents reveal innovative technologies aimed at addressing challenges in sports and enhancing accessibility and entertainment for the public. It’s difficult to imagine sports without imagining a ball. Attempts were made in the early days of this new sport to make balls that were suitable for the peculiarities of basketball. Basketball, for example, was first played using a soccer ball.
“Skechers USA Inc & Ors v. Pure Play Sports[i]” Plaintiffs in the case provide a range of footwear alternatives, including the “SKECHERS GOwalk footwear” line, which was introduced and released in 2011. The plaintiffs claim that their product exemplifies a blend of quality, value, comfort, and style that appeals to a broad range of purchasers. According to the plaintiffs, the defendant launched and was promoting footwear that was a carbon copy and lookalike of the footwear conceived, produced, and promoted by the plaintiffs under the GOwalk 3 series. Finally, the Delhi High Court issued an ad interim injunction to the petitioners.
Domain names in Sports
Sports intellectual property rights are also strongly reliant on domain names, which Indian courts recognize trademarks. A large quantity of information is disseminated over the internet, and activities, including online games connected to athletic events, are televised. This has not only contributed to the formation of a large market share for branding and value creation, but it has also offered chances for cybersquatters to profit from any mistake caused just by domain names.
Broadcasting Rights in Sports
Copyright and associated rights, particularly those pertaining to broadcasting organizations, promote the link between sports, television and other media. Television and media corporations pay large sums of money for the exclusive right to show big sporting events live.
The sale of broadcasting and media rights has become the majority of sports organization’s principal source of income, providing the funds needed to sponsor big athletic events, repair stadiums, and develop grassroots sports. The revenues they collect from selling their exclusive material to other media sources allow broadcasters to invest in the costly administrative and technological infrastructure required to broadcast athletic events to millions of fans across the world.
“ESPN Star Sports v. Global Broadcast News Ltd. and Ors[ii]” The court stated that while determining whether a given behaviour is ‘fair dealing’ or not, the context, length of the original work borrowed, and intent must never be overlooked. The ad-interim injunction sought by the plaintiff cannot be granted. In the event of claims for violation of broadcast reproduction rights, the obligation of Section 61(1) of the Indian Copyright Act applies; failure to include the owner of the copyright is fatal to the suit’s maintainability.
Conclusion
Commercial sports raise trademark, licensing, franchising, copyright, and other key IPR issues. These intellectual property rights require protection in all athletic events, including the one mentioned above. To secure such IP rights, a thorough legal, contractual agreement must be formed to protect all sorts of intellectual property associated with sporting events, players, and so on. There are several methods to generate money in the sports industry. The Indian government must vigorously encourage and promote Indian sports and culture in order for them to reach world levels.
References
- Champion, W.T., Willis, K.D. and Thornton, P.K. (2014) Intellectual property law in the sports and Entertainment Industries. Santa Barbara, CA: Praeger.
- Skechers USA Inc & Ors v. Pure Play Sports, 2016, I.A. No.6279/2016 in CS(COMM) 573/2016
- Espn Star Sports v. Global Broadcast News Ltd. and Ors, RFA(OS) 25/2008
