论文部分内容阅读
Intangible assets are an essential facet of today’s economic environment.These assets are the product of creative human intellectual activity，including invention，artistic creation，design，and expertise，hence，referred to as intellectual property.The volume of trade in goods and services tied to intellectual property has increased significantly in recent years prompting more emphasis on the protection of intellectual property rights （Amadi 2）.Different strategies for the protection of these rights exist，such as copyrights，trademarks，patents，and trade secrets.A profound comprehension of the protection offered by trademarks and copyrights is essential in creating sports brands as well as enhancing their profitability.This essay discusses the protection of intellectual property of sports organizations.
Intellectual Property Rights in Sports
The sports industry has grown tremendously in the modern era from a source of leisure and entertainment to become a bustling commercial sector that relies significantly on various intellectual rights.The commercial value of sportsmen and women has increased in a similarly exponential manner.Many popular sports，which include soccer，basketball，tennis，car racing，and cricket，have evolved into grand international events such as the FIFA World Cup （soccer） and multiple domestic events such as the English Premier League （soccer）.The commercialization of these sports has resulted in the organizers and other stakeholders reaping immense financial benefits （Kalamadi 437）.As a logical consequence，professional sports organizations and teams capitalize on different intellectual property rights.In sports，these are primarily exploited through advertisement，merchandising，broadcasting rights，and exclusive and non-exclusive licenses.
The most significant tool related to intellectual property that is exploited by sports organizations is their brand.Brand exploitation is a fast-growing trend in the sports industry.For instance，several soccer teams，such as Manchester United，Bayern Munchen，Real Madrid，and Chelsea Football Club，are recognized as large multi-million-dollar-worth brands.Issues of brand protection arise immediately on the successful commercialization of a sport.The sports entity needs to protect its distinct name，logo，emblem，and tagline，all which have a high commercial value.Such protection also applies to sports events such as the Wimbledon and the UEFA Champions League.Owing to their broad and comprehensive nature，intellectual property rights cannot be protected by a single law or tool.Instead，governing bodies resort to a set of tools dominated by intellectual property law； this essay focuses on the use of trademarks and copyrights to protect intellectual property by sports organizations. Trademarks
Trademarks protect symbols，logos，names，marks，slogans，and other indicators of the origin of a particular product； hence，distinguishing it from similar products from other enterprises.The UK Trademark Act of 1994 defines a trademark as “any sign capable of being represented graphically which is capable of distinguishing the goods and services of one undertaking from other undertakings” （Szwajdler 360）.Trademarks are registered on a regional basis； they provide protection for a limited period （usually ten years） and need to be renewed upon expiry.By registering a trademark，governing bodies，sports clubs，and event organizers can prevent any entity from utilizing it to market similar products.Trademarks are one of the most widely created intellectual rights in the sports industry on account of their invaluableness in the establishment of brands.
Statutory remedies for trademark infringement exist in many countries.Preferably，the plaintiff should have registered the trademark to demonstrate its violation by the defendant.However，in case the trademark is not registered，the plaintiff needs to prove the trinity for establishing passing-off，which entails the complainant’s goodwill，misrepresentation，and damages.All three requirements need to be proven substantively （Blackshaw）.Foremost，the plaintiff should establish that they have a particular level of goodwill or reputation that has been built over a specified period that makes consumers return continuously due to the brand quality.The plaintiff also needs to show that another event organizer，sports team，or another party has misrepresented their product，whether done intentionally or inadvertently.It is essential to show that the misrepresentation has caused or had the likelihood to create confusion in the minds of consumers and business associates （Blackshaw）.Moreover，the plaintiff needs to prove that this misrepresentation caused potential damage either in the form of reduced profits or altered public perception of the brand’s reputation.The court will have to establish whether the trademark has been violated and provide a ruling.
Anti-dilution laws offer added protection to well-known and popular trademarks.When a trademark is so popular that the ready association of the human mind with these products is demonstrated，trademark laws offer it the prime importance that even unrelated entities cannot use it without receiving prior authorization.
Copyrights
A copyright is an aspect of intellectual property rights that confers legal protection of the expression of ideas.An idea in itself has no actual legal protection save for strategies such as trade secrets and confidentiality agreements.Ideas expressed in musical works，dramatic works，literary works，sound recordings，and photographs are all protected by copyrights.Copyright is inherent to the expression of these ideas and it does not necessarily require registration.However，copyright does not exist until the material is noted，recorded or otherwise.Besides，any works produced on before 1st January 1978 are considered as being in the public domain，which allows their exploitation by the public.The owner of the copyright possesses exclusive rights to copy，issue copies，broadcast，and rent or lend the material to other parties.Copyright protects the material for 70 years after the author’s death in the case of literary works and 50 years for computer programs，musical works，and broadcasts. Copying a particular work，issuing copies to the public，and adapting the work lead to partial or whole copyright infringement.Even though copyright does not need to be registered to be valid，it is a global trend that copyright be registered for its owner to claim damages and remedies under statutory requirements （Elam）.Nonetheless，it is argued that this trend fails to conform to the nature and spirit of copyright because the protection of copyrightable subject-matter lies in its creation and not its registration （Madison 6）.Notably，the unauthorized use of copyrighted material for educational purposes，private use，or in a news reporting does not contribute to copyright infringement.Specific remedies are available to professional sports teams and event organizers in the event of copyright infringement，including injunctions to preclude further violation，claims on damages，prohibitive orders，an account of profits，and the seizure and destruction of infringing materials.Gross copyright infringement can qualify as a criminal offense，subsequently attracting stiffer penalties.
Summary
Trademarks and copyrights bear huge importance to sports organizations owing that creativity and innovation are primary driving forces of growth in the sports industry.Trademarks contribute to the creation of a distinct identity for a sports entity significantly，while copyrights sustain the generation of revenue from original content.The following recommendations are helpful in enhancing the protection offered by these tools in sports organizations：
Register the organization’s name，logo，emblem，and slogan as trademarks.It is important to ensure that these are well-designed and reflect the ideals of the organization that it wants to convey.
Display trademarks prominently at sporting events to appeal to sports fans.
Utilize trademarks for brand advertising，whose effectiveness in generating income is fueled more by the organization’s successful ventures such as winning sports matches or hosting large successful sports events.
In the event of brand expansion，register the trademarks internationally using the WIPO international trademark registration system.
Appreciate the existence of copyright in every original work associated with organization.Nonetheless，register important copyrights associated with high revenue and considerable popularity.
Exploit copyright to earn revenue from selling broadcasting rights.
Appoint an in-house team to oversee the protection of the organization’s trademarks and copyrights to recognize violation of the organizations IP rights and taking appropriate action against the perpetrators.
作者簡介
潘鸣旭（1993—），男，汉族，上海市人，硕士研究生，体育学硕士，单位：上海体育学院体育产业专业。
Intellectual Property Rights in Sports
The sports industry has grown tremendously in the modern era from a source of leisure and entertainment to become a bustling commercial sector that relies significantly on various intellectual rights.The commercial value of sportsmen and women has increased in a similarly exponential manner.Many popular sports，which include soccer，basketball，tennis，car racing，and cricket，have evolved into grand international events such as the FIFA World Cup （soccer） and multiple domestic events such as the English Premier League （soccer）.The commercialization of these sports has resulted in the organizers and other stakeholders reaping immense financial benefits （Kalamadi 437）.As a logical consequence，professional sports organizations and teams capitalize on different intellectual property rights.In sports，these are primarily exploited through advertisement，merchandising，broadcasting rights，and exclusive and non-exclusive licenses.
The most significant tool related to intellectual property that is exploited by sports organizations is their brand.Brand exploitation is a fast-growing trend in the sports industry.For instance，several soccer teams，such as Manchester United，Bayern Munchen，Real Madrid，and Chelsea Football Club，are recognized as large multi-million-dollar-worth brands.Issues of brand protection arise immediately on the successful commercialization of a sport.The sports entity needs to protect its distinct name，logo，emblem，and tagline，all which have a high commercial value.Such protection also applies to sports events such as the Wimbledon and the UEFA Champions League.Owing to their broad and comprehensive nature，intellectual property rights cannot be protected by a single law or tool.Instead，governing bodies resort to a set of tools dominated by intellectual property law； this essay focuses on the use of trademarks and copyrights to protect intellectual property by sports organizations. Trademarks
Trademarks protect symbols，logos，names，marks，slogans，and other indicators of the origin of a particular product； hence，distinguishing it from similar products from other enterprises.The UK Trademark Act of 1994 defines a trademark as “any sign capable of being represented graphically which is capable of distinguishing the goods and services of one undertaking from other undertakings” （Szwajdler 360）.Trademarks are registered on a regional basis； they provide protection for a limited period （usually ten years） and need to be renewed upon expiry.By registering a trademark，governing bodies，sports clubs，and event organizers can prevent any entity from utilizing it to market similar products.Trademarks are one of the most widely created intellectual rights in the sports industry on account of their invaluableness in the establishment of brands.
Statutory remedies for trademark infringement exist in many countries.Preferably，the plaintiff should have registered the trademark to demonstrate its violation by the defendant.However，in case the trademark is not registered，the plaintiff needs to prove the trinity for establishing passing-off，which entails the complainant’s goodwill，misrepresentation，and damages.All three requirements need to be proven substantively （Blackshaw）.Foremost，the plaintiff should establish that they have a particular level of goodwill or reputation that has been built over a specified period that makes consumers return continuously due to the brand quality.The plaintiff also needs to show that another event organizer，sports team，or another party has misrepresented their product，whether done intentionally or inadvertently.It is essential to show that the misrepresentation has caused or had the likelihood to create confusion in the minds of consumers and business associates （Blackshaw）.Moreover，the plaintiff needs to prove that this misrepresentation caused potential damage either in the form of reduced profits or altered public perception of the brand’s reputation.The court will have to establish whether the trademark has been violated and provide a ruling.
Anti-dilution laws offer added protection to well-known and popular trademarks.When a trademark is so popular that the ready association of the human mind with these products is demonstrated，trademark laws offer it the prime importance that even unrelated entities cannot use it without receiving prior authorization.
Copyrights
A copyright is an aspect of intellectual property rights that confers legal protection of the expression of ideas.An idea in itself has no actual legal protection save for strategies such as trade secrets and confidentiality agreements.Ideas expressed in musical works，dramatic works，literary works，sound recordings，and photographs are all protected by copyrights.Copyright is inherent to the expression of these ideas and it does not necessarily require registration.However，copyright does not exist until the material is noted，recorded or otherwise.Besides，any works produced on before 1st January 1978 are considered as being in the public domain，which allows their exploitation by the public.The owner of the copyright possesses exclusive rights to copy，issue copies，broadcast，and rent or lend the material to other parties.Copyright protects the material for 70 years after the author’s death in the case of literary works and 50 years for computer programs，musical works，and broadcasts. Copying a particular work，issuing copies to the public，and adapting the work lead to partial or whole copyright infringement.Even though copyright does not need to be registered to be valid，it is a global trend that copyright be registered for its owner to claim damages and remedies under statutory requirements （Elam）.Nonetheless，it is argued that this trend fails to conform to the nature and spirit of copyright because the protection of copyrightable subject-matter lies in its creation and not its registration （Madison 6）.Notably，the unauthorized use of copyrighted material for educational purposes，private use，or in a news reporting does not contribute to copyright infringement.Specific remedies are available to professional sports teams and event organizers in the event of copyright infringement，including injunctions to preclude further violation，claims on damages，prohibitive orders，an account of profits，and the seizure and destruction of infringing materials.Gross copyright infringement can qualify as a criminal offense，subsequently attracting stiffer penalties.
Summary
Trademarks and copyrights bear huge importance to sports organizations owing that creativity and innovation are primary driving forces of growth in the sports industry.Trademarks contribute to the creation of a distinct identity for a sports entity significantly，while copyrights sustain the generation of revenue from original content.The following recommendations are helpful in enhancing the protection offered by these tools in sports organizations：
Register the organization’s name，logo，emblem，and slogan as trademarks.It is important to ensure that these are well-designed and reflect the ideals of the organization that it wants to convey.
Display trademarks prominently at sporting events to appeal to sports fans.
Utilize trademarks for brand advertising，whose effectiveness in generating income is fueled more by the organization’s successful ventures such as winning sports matches or hosting large successful sports events.
In the event of brand expansion，register the trademarks internationally using the WIPO international trademark registration system.
Appreciate the existence of copyright in every original work associated with organization.Nonetheless，register important copyrights associated with high revenue and considerable popularity.
Exploit copyright to earn revenue from selling broadcasting rights.
Appoint an in-house team to oversee the protection of the organization’s trademarks and copyrights to recognize violation of the organizations IP rights and taking appropriate action against the perpetrators.
作者簡介
潘鸣旭（1993—），男，汉族，上海市人，硕士研究生，体育学硕士，单位：上海体育学院体育产业专业。