top of page
Search

Landscape of IPR in Sports: Report From Indian Point of View


ABSTRACT

Intellectual Property Rights (IPR) involve the idea that a person or a group owns intangible assets, and they have safeguards to prevent others from using these assets without permission. IPR laws are dynamic in nature. In developing economies, the commercialization of sports is both unavoidable and a catalyst for innovation. A thriving sports industry generates income and contributes to long-term industrial, infrastructure, and overall economic growth for the region. In the Indian sports arena, there are significant IPR-related issues that include trademark breaches, copyright infringements, ambush marketing, and unauthorized utilization of athletes' images which Bottom of Form Negatively impacts development, sponsorship, broadcasting, and licensing. This situation in turn undermines the motivation to excel among groups, individuals, and athletes. This article gives us an insight into the diverse platform of threats that an athlete is put through and the role IPR plays in being the preventative torch bearer so required.

 

Introduction

Intellectual property rights refer to ownership of intangible assets by a person or group and the ensuing defense against illegal use of those assets. It is unusual to think that the main objective of intellectual property rights was once to motivate scientists regarding greater innovations through providing them a feeling of recognition, in contrast to today's scenario where no entity of work is allowed to continue first without taking into account IPR protection and the economic advantages that could come from it. It should go with no saying that a person's ideas, inventions, and achievements are a reflection of their intelligence and who they are as a person, and that their intellectual property rights should be upheld.


An innovative sports industry helps the state's long-term industrial, infrastructure, and economic development. The credibility and stability in the sports industry are threatened when such intellectual misbehavior is combined with doping, match-fixing, and other illegal activities. While complaints about unfair trade practices call for a long-lasting regulatory body, complaints about intellectual property violations call for an integrated IPR legal framework, which India still lacks in[i].


IPR Laws In India And Sports

India also has IPR laws to protect its Intellectual property like patents, copyrights trademarks, industrial designs and more.


Patent Law

A patent safeguards a creation's method and know-how. A patent is a lifetime license given to an innovation, according to WIPO. Due to patent developments over the years, all sporting goods today are better than they were in the past. Athletes' experiences are improved by using more effective equipment, such as better hockey sticks, sports shoes, and other athletic gear. The Patents Act 1970 governs the protection of patents in India where patents are not specifically included in sports regulations.


Trademark Law

Trademarks are any type of indication, drawing, color, logo, or sign that distinguishes one company's tangible or intangible products from another. Trademarks increase brand loyalty by giving consumers the assurance that a certain product is unique and are protected by IPR. The owners of trademarks may ask the legal system for such exclusive rights to be granted to them. Trademarks can be used to protect things like a cricket team's anthem, official goods packaging, perfumes, and endorsement rights.

Under the Trade Marks Act of 1999, trademarks can be registered in India. Although a registered trademark is not required to file a claim of infringement, the protection of rights is significantly more challenging in the absence of one. Since India lacks regulations for domain name registration, the same can be considered under trademarks. Two trademark categories that are quite unpopular in India are image and personality rights. The image or person of a player may be trademarked under Personality Rights by the team in its official capacity or by the players themselves if their name has considerable commercial value.


Copyrights Law

The original creative, theatrical, or literary production of a person or group is protected by copyright. Books, paintings, drawings, broadcasting, telecasting, trademarks, slogans, and other things fall under this category, but ideas and technique do not. India is covered by the International Copyrights Order of 1999, the Berne Convention from 1906 for the protection of Literary and Artistic Works, and the Copyrights Act of 1957, all of which provide legal protection for copyrights. Copyright violations are treated with greater urgency and strictly than trademark violations, and effective remedies include recommended punishment and permanent injunctions.


Industrial Designs

A team is given a unique identity by Industrial Designs. Through various merchandising concepts and partnerships, larger revenues can be made if the designs are more quickly readily identifiable to the general public. A new design should probably be registered when it first appears so that protection can be sought. This solely relates to the product's eye-catching design, which is unique. Tennis rackets, gloves for keeping wickets, etc[ii].


Concept Of Ambush Marketing

Ambush marketing, also referred to as parasitic marketing, is a parasite plan in which brands and businesses attempt to profit from occurrences in the context of business objectives. Ambush marketing is exactly the same as using the game's popularity and financial advantages without permission. Without their permission, innuendos and implied allusions in publicity, promotions, and advertising establish a connection between the two. For instance, the placement of advertisements or the promotion of such goods near the event. If a soft drink company sets up booths near a venue without permission, that might be viewed as ambushing the event's popularity with the soft drink in question. Also, Coca cola sponsored the television rights for the 1997 Asia Cup, although Pepsi was the official sponsor of the match. This led to misunderstanding among end users as to which brand was the match's official sponsor[iii].


Sports Laws Scenario In India

The Sports Authority of India was founded in 2000 by the Ministry of Sports and Youth Affairs. It is in charge of overseeing and managing sports at the top. The Ministry of Sports has tried to enact legislation through the Sports Development Bill and Sports Development Code, 2011, but there are no organized, well-defined rules that govern sports. For each of these sports, the ministry also enables the creation of National Sports Federations. These Federations are non-profit organizations, and the district association they establish is often made up of a smaller group at the district level. A state association body is formed by the union of more district associations, and the National Sports Federation for a Sport is created by the union of all state associations.

The absence of accountability, balance, and openness is the primary problem with how law and authority are structured. These federations are meant to produce clear and consistent books of business and decisions, but none of this is supported by strict legislation to establish them. The Sports Authority enjoys operational autonomy and unrestricted power when making wise choices. It is proposed to define the National Sports Ethics Commission Bill, 2016 as needing to be implemented quickly and strictly[iv].


Conclusion

In conclusion, the development and application of robust Intellectual Property Rights (IPR) regulations will benefit India's sporting community greatly. These rules can serve as a pillar for fostering creativity, upholding originality, and ensuring a just and healthy environment for athletes, sports associations, and all other parties involved. By recognizing the unique challenges and opportunities in this dynamic industry, India can foster the conditions necessary for a time in which intellectual property respect is linked to sporting achievements.

An efficient and successfully carried out IPR structure in sports can hasten India's path towards turning into a hub of sports creativity and superiority, where the legal rights of makers are respected, and an atmosphere of competition thrives in accordance with the values of intellectual property.


References [i] (Intern), A.P. (2021) Sports law under the ambit of IPR in India - trademark - India, Sports Law Under The Ambit Of IPR In India - Trademark - India. Available at: https://www.mondaq.com/india/trademark/1138074/sports-law-under-the-ambit-of-ipr-in-india (Accessed: 12 August 2023). [ii] Sharda Kalamadi (2012) ‘Intellectual Property and Business of Sports Management’, Journal of Intellectual Property Rights, 17, pp. 437–442. [iii] Bose, A. (2021) Ambush marketing and trademark law in India, iPleaders. Available at: https://blog.ipleaders.in/ambush-marketing-trademark-law-india/ (Accessed: 12 August 2023). [iv] Athawale, P. (2019) Who governs sports in India and what’s its legal status?, Indian Sports Home - Latest News, Results, Olympics Stories. Available at: https://thebridge.in/featured/who-governs-sports-india-what-legal-status/?infinitescroll=1 (Accessed: 12 August 2023).

 

*This article was authored by Isha Arora, Student from Symbiosis Law School, Noida and reviewed by Poorvi Madan, Student from Symbiosis Law School, Noida.


Comments

bottom of page