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21 Supremo Amicus [802] (2020)
Intellectual Property and Sports: An Inseparable Symbiosis

handle is hein.journals/supami21 and id is 802 raw text is: SUPREMO AMICUS

VOLUME 21

ISSN 2456-9704

INTELLECTUAL PROPERTY AND
SPORTS: AN INSEPARABLE
SYMBIOSIS
By Archit Uniyal
From OP Jindal Global University
Abstract - This paper will talk about how
sports has transformed from just being
considered as a recreational activity to an
industry that is being exploited for a large
number of monetary gains. Anything that
involves money is bound to involve the law
in its functioning and hence even sports come
under the governance of the legal framework.
With so much money involved in the sports
business, Intellectual Property works as a
blessing for not only the people playing the
sport but also people outside the sports field.
like people who own the teams, own the
broadcasting rights, etc. To show how IP is
important and cannot be separated from the
sports industry along with the benefits of IP
and Sports on the economy of India is the
main aim of the paper.
Long gone are the days when sports were just
considered to be a recreational activity. Now,
it is one of the leading revenue-generating
industries in the world. Recently, the
commercial viability of sports in India has
begun to be explored and exploited. The
sports industry is not only a major source for
entertainment but also a big market for a
profitable business. The corporatization of
the sports industry resulted in a need to
streamline the field with a structured law
framework. This lead to the growth and
development of sports law as a separate
regulation in its own right. The laws,
1 Chiramel, C. Intellectual Property Rights In Sports-
Indian  Perspective. Mondaq. Retrieved from

regulations, and judicial decisions that
govern sports and athletes is called 'Sports
Law'.
Like in many other industries, the industries
dealing in different aspects related to sports
relies on intellectual property (IP) rights as an
essential tool. A major portion of revenue
flows from various activities like branding,
merchandising, licensing, etc. In such a
scenario, Intellectual Property Protection is
needed as a safeguard as, without it, the
sports industry would not be able to capture
the value of its investment in innovation and
brand development.
Mega sums are generated through the
commercialization of the sports image rights
of well-known teams and sportspersons. We
can take examples of teams and even
individuals who have capitalized IP for
profit. Football clubs like Manchester United,
Chelsea, Real Madrid, and Individuals like
Roger Federer and Michael Jordan are a
global brand.1 Teams and players from all the
sports have started making their own brands
and taglines which are trademarked and used
commercially to create profit.
Intellectual Property (IP) is generated during
the formation of a sports team, club and even
during the organization of a major sporting
event. The enormous change in the sporting
culture of this country with introduction of
leagues like Indian Premier League, Indian
Soccer League has widened the scope of
sporting brands and hence that of IPR as

https://www.mondaq.com/india/trademark/164974/in
tellectual-property-rights-in-sports-indian-perspective

www.supremoamicus.org

PIF 6.242

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