Sport is no longer just passion and recreation — it’s a multi-billion-dollar business. And intellectual property is what holds that business together. Here’s how each stream of IP protects the value in modern sport.
Why IP matters in sport
Teams are known by a name, an identification mark (logo), and taglines. Players are roped in for endorsements; associations run sponsorships, merchandising and licensing. Protecting the team’s name, logo, taglines and merchandise is essential — and, since IP is an umbrella term, that protection comes from several laws, not one.
Trademark and sports
A team’s name, logo and slogans can be trademarked; a jersey can be protected as trade dress. Registration is needed — under the right class. Chennai Super Kings, a cricket team, also sells caps and shirts (Class 25 clothing), so it registers there. A registration protects only within India; for international protection, use the Madrid Protocol. Registered marks get civil and criminal remedies; unregistered ones, passing off.
Copyright and sports
Copyright protects literary, musical, artistic, dramatic works, sound recordings and cinematography — so logos (artistic works) and promotional material/taglines (literary works) are covered. Registration isn’t compulsory, but is needed to claim remedies on infringement — civil (injunction, damages, costs, accounts) and criminal (imprisonment up to 3 years, fine up to ₹2,00,000 under Section 63).
Patents and sports
A patent grants the inventor exclusive rights for a set period over a new, inventive, industrially applicable invention — product or process. In sport, patents cover playing techniques/methods — pitching a golf ball, delivering a cricket ball, shooting a basketball — because of the competitive advantage they confer. Patents must be registered (Patents Act, 1970), last 20 years, with civil/criminal remedies for infringement.
Personality rights
Famous personalities’ names and images are often exploited, so personality rights protect against unauthorised use without consent. A person can register their name as a trademark (e.g. Sachin Tendulkar). The Delhi HC in ICC Development v. Arvee Enterprises held the right of publicity vests in the individual, who alone may profit from it.
And more: licensing, domains, broadcasting
- Merchandising/licensing — clubs monetise shirts, curios, mugs and toys through licence agreements with vendors; a standard merchandising licence is essential.
- Domain names — sports bodies (e.g. Chennai Super Kings) hold domains in their names; there’s no separate domain law, but they’re protectable under the Trade Marks Act.
- Broadcasting rights — the broadcaster’s rights to broadcast/re-broadcast a match are recognised under the Copyright Act, 1957.
The takeaways
- No single law — IP in sport spans trademark, copyright, patents and personality rights.
- Register for full remedies — civil and criminal, in the right classes.
- Techniques can be patented — a real competitive edge.
- Licensing, domains and broadcasting round out the protection of the business.
Frequently asked questions
How is a sports team’s name and logo protected? As trademarks (name, logo, slogans) and trade dress (jersey), registered in the appropriate classes; copyright also protects the logo as an artistic work.
Can a playing technique be patented? Yes — a novel, inventive, industrially applicable method (like a specific delivery or shot) can be patented, giving the player/inventor a competitive edge.
Do athletes have rights over their names and images? Yes — through personality/publicity rights and by registering their names as trademarks; the right to profit vests in the individual (ICC Development v. Arvee).
How are broadcasting rights protected? Under the Copyright Act, 1957, which recognises the broadcaster’s right to broadcast and re-broadcast a match.
Legislation referred to
- The Trade Marks Act, 1999
- The Copyright Act, 1957