ROLE OF IPR IN SPORTS SECTOR

ABSTRACT

Intellectual property rights, such as trademarks, patents and copyrights, play a significant role in protecting and monetizing various aspects of the sports industry, including merchandising, team logos, athlete endorsements, broadcasting rights, and technological innovations. Effective IP management is crucial for fostering innovation, economic growth, and fair competition in the sports sector. In every field of sports from football to javelin throw, the creators, inventors are behind them who work very hard and made it deliver to home from the field. They create an experience where audience sitting at home comes closer to that event. From jersey to shoes all the inventors, creators, stylist is working on to distinguish the identity. The sports events help to promote development worldwide. From Patent of equipments, trademark of brands on jersey, broadcasting copyrights, etc intellectual properties are presented in each sphere of the sports sector. IPR further helps in to support developments in sports industry.

Keywords: IPR, Patent, Copyright, Trademark, Sports, Intellectual Property, IP

INTRODUCTION

Intellectual property rights refer to the rights granted to organizations or individuals for the protection of their creative and intellectual works or inventions. These rights provide exclusive control and ownership over intangible assets and creations that arise from the human intellect. By providing rewards and incentives to the creators or inventors IPR boosts creativity and innovation. Intellectual property is a fundamental aspect of modern society that enables innovation, creativity, and economic growth. While its importance is widely recognized in industries such as technology, entertainment, and pharmaceuticals, the role of intellectual property in the sports is often overlooked[1]. IP plays a pivotal role in safeguarding the rights, revenues, and reputation of athletes, sports organizations, and associated stakeholders. A wide range of aspects of sporting events, sports brands, etc. are covered by intellectual property law. Starting with copyrights, which cost a lot of money for broadcasters to pay in order to make sports fans everywhere able to watch the game. Sporting device invention will ultimately be a result of the patents that encourage innovation and technological development. A sporting brand’s goodwill or reputation is safeguarded by its trademark. Finally, Designs defends the aesthetic value of sporting goods.[2] In all athletic competitions around the world, money has become a major factor. Sports have become extremely corporatized. All other significant elements of a game have been surpassed in importance by franchising marketing and the development of sports, athletes, and event brands. The most popular sports, including auto racing, cricket, hockey, football, tennis, baseball, basketball and others, have evolved into major international competitions. In addition, they have developed into lucrative domestic sporting competitions like the Indian Premier League (IPL), English Premier League, Indian Super League (ISL), Major League Soccer, etc. The international sporting event organizers have been successful in generating significant financial gains, thanks in large part to their aggressive marketing campaigns that take advantage of the marketability of these sports.

COPYRIGHT AND BROADCASTING

Copyright grants exclusive rights to the makers of original works, like artistic, musical, dramatic works, or literary, as well as films, computer software, and other creative expressions. It provides the creators with the right to control and protect their work from being copied, distributed, performed, displayed, or adapted by others without their permission.[3]

Incentivizing creativity is the purpose of copyright by allowing creators to reap the benefits of their work. It enables them to control how their creations are used, to derive financial rewards from them, and to prevent unauthorized use or exploitation by others. Copyright protection encourages innovation and the production of new creative works by providing legal protection and recognition for the efforts and investments made by creators.

Sports organizations rely heavily on broadcasters to broadcast coverage of the events and entice sponsors”. Sports, television, and other media are connected thanks to copyrights. Broadcasters’ rights protect the enormous expenses incurred by broadcasting sporting events as well as the creative work done by media companies and their contribution to the dissemination of knowledge and culture. Even though most sporting events are not typically covered by copyright rules, media companies invest millions to gain the sole right to air sporting events live.[4] Because of this, a lot of sports organisations today generate the majority of their revenue from the sale of television and media rights. Major sports event financing costs were offset by the money rose, and it also helped with development expenses.

It is also a copyright violation if someone else uses the broadcast for his or her own channel. These broadcasters make the sporting events available to the general public because viewers are unable to attend each and every event. Thus, in the case of sports, broadcasting is the main medium where copyright still exists.[5] In addition to field competitions, there are games that make use of software that is protected by copyright and patent when used in conjunction with hardware because software are not alone patentable. The graphics or characters used in video games are also protected by copyright since these events and online games, which include video games, are now as popular as field sporting events.

The Copyright Act of 1957, which covers various aspects of sporting events, ensures that copyright is protected in India. This protection extends to artwork associated with advertisements, slogans, images of athletes, and events, among other things. Cable, satellites, mobile internet and broadband have revolutionized broadcast and sports coverage, making it possible for viewers all over the world to experience the thrill of major sporting events. “The Copyright Act” offers “civil remedies” in sec. 55[6], in the event that the author’s work is violated. Additionally, it offers “criminal remedies” in sec. 63[7], which defines a cognizable offense as one that is punishable by imprisonment and a fine.”

In “Star India Pvt. Ltd. v. Piyush Agarwal & Ors”[8] the Court made the observation that the copyright act’s protection of performers’ rights extends to cricket matches. However, this ruling was later overturned, and the Delhi HC stated that because performers’ rights are expressly referred to as “special rights” under Section 38[9] of the Act, they are not covered by copyright. However, it is still unclear how things stand in India in terms of copyright protection for sports.

A set of exclusive rights are established for broadcasting companies by the Indian Copyright Act of 1957, as amended in 1994. These are referred to as “neighbouring rights,” and they essentially protect the right of producer of phonograms, performers and broadcasting organisations rather than the copyright of the work and are also known as rights neighbouring to copyrights.

According to the decision in “Espn Star Sports v. Global Broadcast News Ltd. and Ors”[10], The Copyright Act’s Sections 13 and 14[11] make it abundantly clear that copyright only applies to works. The act of broadcasting is not “work.” Therefore, only the broadcasters rights listed in Section 37[12] of the act, which are separate from copyright, will apply to the telecast of live events that are broadcast to the general public.

PATENTS AND INVENTIONS

A patent is granted to inventors that provides exclusive rights to an invention for a certain period. By using it, the inventor is able to stop others from using, manufacturing, importing, or selling their invention without their consent. Patents are meant to promote innovation by giving inventors the chance to make money off of their creations and recoup their investment in R&D.

A patent application must be submitted to the appropriate patent office by an inventor in order to be granted a patent. This application must include information about the invention and provide evidence of its originality, non-obviousness and usefulness. To ascertain whether the invention satisfies the requirements for patentability, the patent office reviews the application. In order to be eligible for a patent, an invention typically needs to be brand-new, inventive, and practical for industrial use.

The development of new technologies has always been important to the world of sports but the emergence of digital technologies has given technology more vitality than ever,. The sports industry is currently being advanced by innovative technologies protected by patents. These innovations are altering the sporting experience from the practice field to the sporting arena and even in our living rooms. These days, sensors and other cutting-edge technologies are frequently found in smart sports equipment. Athletes and their coaches can monitor performance, assess it, and pinpoint areas that need work.[13] It can be used to track our daily activity, hydration, and other factors. Creative composite materials that are sturdy, pliable, and light, are used in protective equipment like cycling and skiing helmets, sports shoes, etc., which lessen the chance of player injuries and create sports safer.

Modern sports stadium technology is being invested in with millions of dollars to provide fans with access to a variety of both virtual and physical experiences. In order to ensure a hassle-free fan experience, high-quality networks make sure that attendees are connected, can express their experience with friends, and can take advantage of the digital apps offering a range of services.[14] There are many different services available, such as finding a parking spot, data, high-definition action replays and close-ups, upgrading a seat at a sporting event, ordering food, and more. Similar to this, with the help of advanced broadcasting technologies, spectators can get closer to sporting events wherever, however and whenever, they like.

It is crucial to keep in mind that even if a player creates a move or technique to play the game or designs equipment to improve it, the first requirement of novelty with regard to sports patents is still important to meet, so he must obtain a patent on it before using it around other athletes. If he does not, the patent is deemed to be no longer novel or non-obvious because it is already known to the public.[15] The technique or other object that is to be patented must not be obvious to those who are not already experts in the field, and it must be novel. Since the players’ moves and techniques are merely limb movements, the other players frequently talk about and watch them and players typically do not obtain patents as a result because the novelty requirement is not satisfied.

Sports are about learning new moves, and most often, players pick up new moves from one another. However, if these moves are patented, it will give the other competitors an unfair advantage. The basic purpose of sports can sometimes be destroyed when a player uses a patented move in the middle of a game, stopping the action.[16] As a result, the players would be forced to consider their next move or technique, which would be against the rules of sports and make them less spontaneous.

According to India’s position on the subject of patenting game moves, The Indian Patent Act’s Section 3(m) expressly forbids “a mere scheme or rule or method of performing mental act or method of playing a game” from being granted a patent.[17]

TRADEMARK AND BRANDING

A trademark is any image, word, distinctive sign, phrase, logo, design, or combination of these things that is used to identify and separate the products or services of one company from those of other companies. It acts as a type of intellectual property protection, particularly in the area commercial and branding identity. A trademark enables consumers to recognize and link a specific good or service to a particular source or origin. When consumers see a trademark, they can expect a certain level of quality and consistency associated with that brand.[18]

Trademarks give their owner legal rights to use the mark, allowing them to do so without interference from third parties whose actions might lead to consumer confusion if they use a mark that is similar to theirs. These exclusive rights allow the trademark owner to protect their brand’s reputation, prevent counterfeiting, and maintain customer trust.

Trademark plays an important role in the world of sports. They are important for protecting and identifying the unique brands associated with sports teams, organizations, events, and products.[19] Trademarks help sports entities establish their brand identity and differentiate themselves from others. A trademark, such as a team name, logo, or slogan, represents the values, history, and achievements of the sports organization or team. It enables supporters and customers to quickly identify and connect with their preferred teams or events.

By prohibiting others from using similar or identical marks that might lead to consumer confusion, trademarks offer legal protection to sports organizations, sponsors, and teams. By preventing unauthorized use or exploitation, this protection helps maintain the brand’s exclusivity.[20] Trademarks create revenue streams for sports entities through licensing deals and merchandising. Fans often purchase officially licensed merchandise, such as jerseys, caps, and accessories, featuring their favorite team’s trademarks. Recently in 2022, Chennai Super Kings has become the first sports unicorn of India. Licensing agreements with sponsors and broadcasters also generate substantial revenue, as these companies want to associate their brands with the popularity and appeal of the sports organization. For instance, in the world of sports, Adidas’s three stripes and swoosh of Nike are instantly recognizable by their logos and are trusted for their products. Because of the trademark, sales have also increased[21]. The trusted quality of the jerseys, shoes, and jackets produced by these reputable businesses increases the value of the accessories.

Trademarks are crucial for promoting sports events. Sporting events, like Olympics, IPL, FIFA World Cup, or Super Bowl, have trademarked names, logos, and slogans that are widely recognized and associated with those specific events. These trademarks help in marketing, advertising, and creating a sense of excitement and anticipation among fans and sponsors. Trademarks act as symbols that fans rally behind and feel emotionally connected to. They evoke a sense of pride, loyalty, and identity among fans, fostering a strong fan base and community. Sports organizations use trademarks strategically to engage with fans through various channels, including social media, merchandise, and fan experiences.

In sports not only the logos and trade names are infringed but also the names of the personality which is registered as trademarks infringed. Sports person trademark their names or last names as a domain name component. The players’ renowned and popularity are protected by intellectual property rights, yet their names or fame are also utilised without their permission in unauthorised manner.

In “Sourav Ganguly v. Tata Tea Ltd”, the well-known former cricketer and captain of team India Sourav Ganguly learned that the well-known tea company that hired him as a manager was profiting by giving customers the chance to congratulate him on his accomplishments after he returned to India following a successful session at Lords. The offer suggested that he had partnered with advertisements, which he had not done. He objected to this conduct and was successful in reaching a peaceful resolution. The judge determined that his notoriety and popularity are his intellectual property.[22]

The online gaming company rediff.com was sued by BCCI in 2008. Due to the fact that the Indian Fantasy League (IFL) trademark and logo were similar to BCCI’s Indian Premier League (IPL) logo and trademark, BCCI filed a lawsuit for trademark infringement. The Madras High Court ruled that IFL was not permitted to use the name and logo since doing so would constitute trademark infringement.

PERSONALITY RIGHTS

Personality rights are a type of legal protection that gives people control over how their likeness, name, image, voice, and other aspects of their identity are used for commercial purposes. These rights are primarily aimed at safeguarding an individual’s privacy, reputation, and control over their own persona in various contexts.[23] Personality rights vary across jurisdictions, as different countries have different laws and regulations regarding this matter.

The use of one’s personal information is subject to their control, and they have the right to stop its misuse or unauthorized disclosure. This means that any use of their identity for promotional or commercial purposes typically requires their permission. Individuals have the right to protect their reputation and prevent the unauthorized use of their identity in a manner that could harm their public image or reputation Individuals may have the right to exploit their own persona commercially, granting them control over endorsements, sponsorships, merchandising, and other commercial opportunities.

These rights are particularly relevant in fields such as entertainment, sports, advertising, and endorsements, where an individual’s image and likeness are often used for promotional purposes. By asserting their personality rights, individuals can maintain control over how their identity is portrayed and prevent unauthorized use that could cause reputational damage or financial loss.

There are no laws or statutes in India that safeguard personality rights; instead, they are protected under “Article 21” of the Indian Constitution under the rights to privacy and right to publicity[24]. But India began identifying personality based on judgement. In “ICC Development (International) v. Arvee Enterprise”, the Delhi High Court made one of the most important rulings on personality rights, holding that “The right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his personality trait, name, voice, signature, etc. A person may obtain the right to publicity by his affiliation with a project, a sport, a movie, etc.[25]

ROLE OF WIPO

The World Intellectual Property Organization (WIPO) offers advice to policymakers and governments on how to include goals related to intellectual property and sports in national development plans at the request of its member states. Additionally, WIPO collaborates with its partners to promote awareness of the value of intellectual property to a nation’s sports environment through a variety of initiatives. In order to support business growth, promote social and economic development and promote innovation, training programs and seminars put a strong emphasis on developing the institutional and human knowledge and skills needed to support the business of sports in member states. An essential component of these activities is aiding in the creation of a regulatory environment that supports IP.[26] This entails fostering respect for intellectual property rights and offering guidance on how to stop violations or abuses of these rights. Such infractions limit the advantages of hosting important sporting events and make it harder for event organizers to find sponsors.

CONCLUSION

The use of IPR in the sports industry has a great deal of potential and can help the economy grow in many different ways. IP rights can effectively improve a nation’s reputation through the sale of sporting goods and increased international trade. Sports competitions on a national and international level can improve the social and cultural fabric of a nation. However, it is true that managing the operational and logistical issues associated with planning such sporting events requires a strong legal framework to support IP rights. Therefore, to promote social and economic advancement, all nations should incorporate intellectual property and sports-related goals into their national development strategies. Trademark, licensing, franchising, copyright, and other fundamental IPR-related issues are all brought up by commercial sports. Along with these IP rights violations, another term that is problematic in the sports industry is ambush marketing. However, it must be addressed whenever a sports-related issue is being thought about even though it generally falls outside the purview of IP law. Nowadays, it is a very common practice for a company to attempt to gain a commercial advantage by leveraging the already established goodwill of an event. These intellectual property rights necessitate that they be protected at all sporting events. Therefore, in order to safeguard such intellectual property rights, a suitable legal agreement must be created to protect all forms of IP linked to players, sporting events, etc. In order to raise Indian sport and culture to international standards, the Indian government must strongly support and promote them.