ip & the business of sports management
TRANSCRIPT
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
INTELLECTUAL PROPERTY &
THE BUSINESS OF SPORTS MANAGEMENT Anju Srinivasan
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
INTRODUCTION
Sports are an integral part of our social being. It has always brought together entertainment, culture and monetary business. Sporting activities have gained commercial importance through franchising, advertising and brand building .
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
Innovation and creativity are the key drivers in the world of sports. In every sporting field, inventors and creators are working behind the scenes to push boundaries, creating new opportunities for enjoyment and for athletes to better their performance.
The organizers of popular games such as FIFA (football), NBA (basketball), PGA (golf) and IPL (cricket) organize and manage the event in such a manner that they are able to exploit the marketing potential that the events offer.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
EXAMPLE
• 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 as well as that of the company making it.
• Copyrights protect any artwork and audio visual creations used to publicize the shoe.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
COMMERCIAL IMPORTANCE
With the business angle of sports growing by the day, dormant intellectual property rights vesting in almost every component of the sports industry are being tapped into and capitalized.
The Government of India is trying to streamline the Industry, keeping every party interest in mind including the players, teams, sponsors and the public at large, through the introduction of the sports Development Bill 2013, which is soon likely to become a reality and constructively aid in the business of sports management.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
The recent success of the FORMULA ONE RACE
organized in India shows the vast commercial interest generated in the corporate world with respect to branding and event management. The organization and smooth execution of a race of such international standard in India for the very first time has brought the nation into a select league, putting further focus on the sports law and IP rights which can be used to create branding leading to immense value generation.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
ROLE OF IP
On creation of any property, protection of the same is the foremost aspect that one would look at. IP laws are resorted to, in order to safeguard the business interests of sports. IP is used as an umbrella term to describe properties created by human intellect and includes patents, trademarks, copyrights, designs and so on.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
An EcOnOmIc & EmPLOymEnt EngInE
Off the field, on a commercial level, sportsmen and sports associations get into endorsements, advertisements branding, merchandising, licensing, sponsorship and other similar activities. The protection of all the creative elements becomes essential. Intangible assets such as the team names along with their colorful logos, emblems and taglines hold high commercial value and are significant components of branding and merchandising activities and their legal protection is necessitated to prevent third party infringements.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
tRADEmARKS In ActIOn
Trademark is a distinctive sign or an indicator representing a trade or business. Protecting a trademark assumes high importance to safeguard commercial interests. Team names and symbols create a level of association with the public and fan following helping the popularity ratings of the teams or sports club. This will eventually convert into monetary profits through advertisements, brand ambassadors, goodwill and reputation of the sponsors. Trademark protection can be availed by registering the brand name or logo under the Trademarks Act 1999.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
LIgHtS, cAmERA, cOPyRIgHt
Copyright law protects the expression of ideas and not ideas in itself. In the process of sporting events the maximum amount of IP that is created is copyright. Copyright may vest in the artwork connected to the logos and trademarks, promotions, slogans, images of player.
There is no mandatory rule to register copyrights. However, in order to claim remedies under the Act, it is beneficial to register the copyright, as held in Dhiraj Dharamdas Dewani v M/s Sonal Info Systems Pvt Ltd.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
DOMAIN NAMES
Domain names are used as a business identifier. They not only serve as an address for internet communication but also identify the specific internet site. In relation to sporting, enormous information is being disseminated and events get broadcasted through the internet which has acquired a huge market value in branding. Every sports club has its own website through which lot of activities are carried out. The best way of availing protection of a domain name in India s to register the same as a trademark.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
SPORT TECH: PATENTS
Patents protect inventions that are new, innovative and capable of finding industrial application. Patents are not only granted to products but also granted to processes of achieving a result. There are a number of sports methods for which patent protection is being sought. A player, team or league gains significant benefits from exclusive control over a technique that provides a competitive advantage. Patent protection safeguards against third party infringements as well as enhances commercial interests. Patent rights are granted for 20 years in India and most other countries.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
PERSONALITY RIGHTS
It is the right to control the commercial exploitation of one’s name, image, likeness or any aspect of one’s personal identity. Character merchandising is the marketing of the name or image of a celebrity’s persona for monetary gain, capitalizing on fame. Mere association of the name of a team, their logo or a team player, could offer unprecedented mileage to the person or entity using such name or logo.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
A clear line of distinction should be drawn between the image of the sportsman as a team player and as an individual. This has been clarified by the Delhi High Court in ICC Development Ltd v. Arvee Enterprises and An. The court held that the rights of publicity vests in an individual and he alone is entitled to profit from it. Example, if an entity was to use Sachin Tendulkars name or persona in connection with the World Cup without his authorization, they would have a valid and enforceable cause of action.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
AMBUSH MARKETING
This is one of the most important aspects of IPR in sports. Ambush marketing refers to companies promoting their brands or products by associating them with a team, league or event, without paying for the privilege.
A fine example of this is the famous controversy between Coca Cola and Pepsi over the official status of the cola for the World Cup Cricket Tournament of 1996-97.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
CONCLUSION
Sports events generate deep rooted emotional response from the public. Legal contractual agreements must be in place protecting all forms of IP created in sporting events, teams, individual players, to protect all the stake holders and their financial interests. There are various forms of revenue generation through the sports industry and it’s important for the government to promote its national sports and culture so as to raise its International standards, paving India’s way forward into the exclusive league of developed countries across the world.
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
THANK YOU
CHENNAI3rd 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#1533, Trichy Road,
Coimbatore – 641018.Tel: +91 - 422 - 6552921
HYDERABADSuite 132 & 133,
Level 1, Midtown, Road No 1, Banjara Hills,
Hyderabad - 500034. Tel: +91 - 40 - 6050 6009
WEBSITE
www.altacit.com
DISCLAIMER
Any copyrighted material in this presentation is used in fair use for the purpose of study, review or critical analysis only, and will be removed at the request of the copyright owner(s).