1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE LINK BETWEEN
INTELLECTUAL
PROPERTY AND SPORTS
Shelley E.
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• ‘Sports’ which was considered a recreational activity has truly
transformed into a giant commercial organization. Innovation
and creativity are key drivers in the world of sport.
• In every sporting field, teams of inventors and creators are
working behind the scenes to push the boundaries of
possibility, creating new opportunities for athletes/sports
persons to better their performance and for broader
participation in and enjoyment of sport.
• Sport shows Intellectual Property (IP) in action and the
Intellectual Property in turn powers the business of sport.
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SPORTS & IP
• IP lies at the heart of the huge commercial opportunities
offered by the world of sport.
• IP rights and the legal protection they give help to secure
the economic value of sport.
• This in turn stimulates growth of the sports industry,
enables sporting organizations to finance high-profile sports
events, and provides the means to promote sports
development.
• Business transactions related to sponsorship, merchandising,
broadcasting and media deals are all built on IP rights.
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• Sports Franchisees are tapping and capitalizing on various
intellectual property rights created by them.
• These Intellectual Properties created are used by the sports
franchises in the form of merchandising, advertisements,
licenses, online/Computer games, cafes, etc. mainly for creation
of brand equity and reputation and to achieve a common end
of gaining hefty profits.
• There are various Sports clubs which are perfect examples of
IP brand capitalization.
– Football teams like Manchester United, Real Madrid, Barcelona
– IPL Cricket teams like Chennai Super Kings, Mumbai Indians, etc.,
– Baseball Leagues like Newyork Yankees, etc.
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TYPES OF IP PROTECTION
APPLICABLE FOR SPORTS EVENTS
The forms of Intellectual Property that routinely intersects sports
events are the following:
•Patent
– Patents encourage technological advances that result
in better sporting equipment and other sport-related
innovations
•Trademark
– Trademarks, brands and designs contribute to the
distinct identity of sports events, teams, players and
their gear
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• Copyright
– Copyright-related rights generate the revenues
needed for broadcasters to invest in the costly
organizational and technical undertaking of
broadcasting sports events to millions of fans all
over the world
• Designs
– Registration of a design gives the owner protection
for the visual appearance of the product, not how it
works.
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• Trade Secrets
– In sports associations or teams, it is possible that there is
some information which is confidential in nature and
confidentiality has to be maintained.
– In India, there is no sepreate statute for protection of
trade secrets.
Personality Rights
Personality Right is the right to control the commercial
exploitation of one’s name, image, likeness, or any other
aspect of Personal Identity
– Publicity rights of the sports person play an important role
in the brand creation of individual sports players and
teams
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
A sports shoe may be protected by several IP rights:
• Patents - protect the technology used to develop the shoe.
• Designs - protect the “look” of the shoe
• Trademarks - distinguish the shoe from similar products and
protect the “reputation” of the shoe (and the company making it)
• Copyright - protect any artwork and audiovisual creations used to
publicize the shoe
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Case Study on Olympic
Properties
The Olympic Properties:
The Olympic properties, in particular the Olympic symbol, are
the visual ambassadors of Olympism. The Olympic symbol,
seen by millions of people throughout the Olympic Games, is
one of the world’s most recognized brands.
People around the world associate them with the fundamental
values of sport and of the Olympic Movement. Because of
their honored place on the world stage, it is essential that the
IOC protect its Olympic properties at the international level.
The IOC benefits from special legal means to do this, but it
also relies on ordinary means of trademark protection.
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• This iconic Olympic symbol enjoys special protection under
the Nairobi Treaty on the Protection of the Olympic Symbol.
• States that have signed up to the Treaty are obliged to refuse
or invalidate the registration as a mark and to prohibit the
use for commercial purposes of any sign consisting of or
containing the Olympic symbol, except with the
IOC ’s authorization
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
The official logo of the 2012 Summer Olympic Games is
registyered under the WIPO’s Madrid System for the International
Registration of Marks.
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• Numerous countries have adopted permanent national
legislation protecting the Olympic properties.
• Although the Olympic Movement’s efforts have contributed
to the implementation of legislation, the parliaments that have
adopted such measures also understand the importance of
sport and the Olympic Movement, as well as the need to
protect the properties related to them.
• Adopting specific legislation has also proven necessary in
countries that host an edition of the Olympic Games.
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• Such legislation concerns not only the protection of the
Olympic properties, but also provides the means to fight
against ambush marketing and to regulate advertising, in
particular in and around Olympic venues.
• The first specific legislation related to an edition of the
Olympic Games appeared in Canada prior to the Montreal
1976 Olympic Games.
• Since the Sydney 2000 Olympic Games, all host countries
have adopted such legislation; this is also true for future
editions of the Olympic Games, such as Sochi 2014 and Rio
2016.
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The Nairobi Treaty
• The IOC also benefits from an exceptional international legal
instrument that protects the Olympic symbol.
• Adopted in 1981 and administered by WIPO, the
Nairobi Treaty on the Protection of the Olympic Symbol
obliges each state that has ratified it to
– refuse or invalidate the registration as a mark and to
prohibit the use for commercial purposes of any sign
consisting of
or
– containing the Olympic symbol, except with the IOC’s
authorization.
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Trademark protection
• The IOC is the worldwide owner of numerous trademarks
protecting its Olympic properties.
• While this might seem logical, the IOC had to wait some 100
years before it could register trademarks in its own name.
• Prior to 1993, numerous national trademark laws (including in
Switzerland, where the IOC is based) reserved the right to
register trademarks only for commercial companies.
• As a non-profit association, the IOC had to wait for the
harmonization of European law and the modification of Swiss
law such that any entity could register a trademark in its name.
16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The IOC registers trademarks, in particular through the
WIPO Madrid system, relating to its permanent properties
which are common to each edition of the Olympic Games,
such as
– the Olympic symbol and the words “Olympic”,
– “Olympiad” and “Olympic Games”.
• It also seeks protection for identifiers related to a specific
edition of the Olympic Games, such as
• the official emblem of that edition of the Olympic Games
and
• the City+Year word mark - for example, “London 2012”
and “Sochi 2014”.
17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Implementing the IOC’s rights
• In the routine management of its intellectual property (IP)
rights, the IOC encounters certain challenges, some of which
are described below.
• Internet and social media platforms
– Internet and social media platforms are fantastic
opportunities to engage new audiences, especially the
young.
– The IOC works closely with social media platforms to
prevent unauthorized use of its properties.
– It also closely follows the Internet Corporation for
Assigned Names and Numbers (ICANN) project, opening
the door to new extensions of top level domain names, in
order to protect its Olympic properties on the Internet.
18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Ambush marketing:
– Ambush marketing consists of attempts to create a false,
unauthorized or misleading commercial association
• Some companies that are not official partners try to associate
themselves with the unique and worldwide character of the
Olympic Games free of charge.
• The creativity of these ambushers makes it necessary to adopt
specific national legislation to prevent ambush marketing.
• However, as these laws are in force only in the host territory,
the IOC must invoke, in other territories, ordinary legal means
to fight ambush marketing, such as trademark registration or
unfair competition.
• However, these sometimes do not go as far as the IOC would
like.
19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Protection of the City+Year word mark
• In 1993, before Sydney was elected to host the 2000 Olympic
Games, a third party filed for registration of all the names of
the candidate cities for the 2000 Olympic Games, in numerous
countries, and then threatened the IOC partners with legal
action if they used these references.
• To prevent such abuses in the future, the IOC subsequently
took steps to protect the City+Year identifiers, well before a city
is selected to host an edition of the Olympic Games.
20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
The commercialization of sports is so lucrative that the competition
among various sports teams/clubs and associations are heaving up
and this has eventually lead to the effective protection of their
intellectual properties.
If right strategies, investments and judicious management are made
by the Sports team in protecting their intellectual property, then the
returns they would be expecting out of such exploitation would be
in multiple folds.