Sports and Intellectual Property Rights

Intellectual Property (IP), which includes patents, industrial design, trademarks, and copyright, is often associated with an industry. Typically, this would be the manufacturing industry. IP rights grant exclusive access to an IP owner only for a short period. To take advantage of this interest, however, organizers and promoters of sport activities resort to IP laws.

The origins of sports activities were a hobby, or an event that allowed participants to exercise or have fun. Some games are now huge international events or, more accurately, international businesses. “tailor-made”law. These international events can even be a challenge to the sovereign laws of other countries.

Many popular games like football, basketball, tennis and cricket have become international events that attract a large following. This has created enormous marketing opportunities for organizers. Popular games like FIFA (football), PGA(golf), NBA, (basketball), etc. are organized and managed in a way that maximizes the value of other participants who wish to take advantage of the event’s marketing potential.

To help identify their event, the organizers will create an emblem, logo or phrase. If the logos and emblems were original they will be copiedrighted.

For example, the logo of FIFA World Cup 2010 has been protected by copyright laws as both a trademark as well as as artistic works. These terms include “2010 FIFA World Cup South Africa” “2010 FIFA World Cup” “2010 World Cup” “Football World Cup”The same or similar derivatives thereof are also protected from unauthorised use. They are subject to the applicable laws in each jurisdiction.

As the logo/emblem/phrases”event identifiers”They are heavily promoted in main media and are quickly and easily associated with an event. The trademark value is then re-used by event organizers for other business purposes.

Let’s look at different streams of income for organizers. First, sponsorship fees. These include the right and privilege to display the sponsor’s logo inside the venues/stadiums, as well as the rights to the event identifiers printed on products manufactured by sponsors. You can place your name and credit card information (VISA), as well as business process outsourcing (Mahindra Satyam), banking or other financial services.

Gate collection is the second source of revenue. The printing of tickets can be sponsored, with the ticket bearing the mark of the sponsoring party.

Third source of revenue comes from the exclusive supply of games products, including tennis balls, footballs and shuttlecocks (badminton), as well as fuel and lubricants for car racing. The article supplier has the right of describing themselves as: “official supplier”Promote their articles, and claim to be the sole provider of these articles. Ironically, Adidas was not a premier sponsor/partner at the FIFA World Cup 2010. It was Nike who attracted attention with clever advertisements and the football boots of players. Does this show that Adidas has a bad sponsorship strategy?

Fourth source of income, which is becoming increasingly lucrative, is the exclusive right to record and broadcast the event on television, radio and, possibly, the internet. Radio broadcasting rights can be granted to both national and regional radio stations. All rights in relation to recording or broadcasting of the games remain with the organizers, but are licensed to certain entities.

Finaly, in exchange for a fee, the organizers give exclusive rights and licenses to all manufacturers to make or sell merchandise with mascots.

Organisers have many streams of income, including:

1. Fees for sponsorship

2. 3.

3. Event exclusive rights for product usage

4. Broadcasting rights

5. Merchandising rights

Other manufacturers and service providers can also benefit from sponsoring certain sports apparel and equipment. Think about the brand name of the player’s shorts, caps, gloves, shoes and socks. Shoes of non-sponsor brands were worn by South African players just as much (if not more) than shoes from official sponsors. Plain overalls are not uncommon for race car drivers. The driver’s overall is usually adorned with numerous trademarks.

The player can even have refreshments while playing the game. This sponsorship allows the full use of the advertisement value. This isn’t a television commercial for the brand, but an advert of the trademark. The product or trademark has been inherently associated to a player who is successful. How can a convincing message be sent if the product is not used by a top-level player?

Apart from the revenue that organizers make, top athletes often endorse non-sporting businesses and products. Tiger Woods endorses T-shirts and caps for golf, as well as watches and consulting services. (Note: After his misconducts, he was removed from these two endorsements). Maria Sharapova is a top female tennis player and endorses shoes, apparel, watches and cameras. Ronaldinho, a footballer, has endorsement deals with Pepsi and Nike.

FIFA organizes big games like FIFA must ensure that their trademark rights are protected and they take legal action against any person who uses their trademark without their permission. It is highly unlikely that organizers will be able to command high sponsorship rates at future events if they don’t take strong action against those who infringe their trademark rights.

IP laws are not meant to be used for international periodic events. Many service and manufacturing companies would love to have their products or services associated with these prominent events. However, they either don’t have the chance or can not afford the costs. The event organizers may not consent to them associating their product/service with the event. Here is the problem. “ambush marketing”It is crucial. These marketers are easy targets for event organizers. However, it is unclear whether an advertisement or event constitutes ambush marketing under existing IP laws. In order to prevent this from happening, host countries are sometimes required to adopt specific laws that deal with ambush advertising before being allowed to host the event. The London Olympic Games Act 2006 and Paralympic Games Act 2006 had to be enacted by Britain before the London Olympics. Trademark “London 2012″Protected

Now comes the next question: How and how is the money generated from an event like the FIFA World Cup? Who is the beneficiary of this revenue? The subject will be covered in another article.

Notice: All trademarks and design names mentioned in this article are the property of their owners. These designs and trademarks are not the property of the author. They have been used only for education purposes.

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