This research paper explores the nexus between Intellectual Property Rights (IPRs)
and cricket, with special reference to the Indian Premier League (IPL) and the
World Cup. It analyzes how the commercialization of cricket has given rise to
complex legal issues concerning IPRs.
The study begins by examining the concept of IPRs and their significance in the
context of the sports industry. It then proceeds to examine the various types of
IPRs that are applicable to cricket, including trademarks, copyright, and
patents.
The paper highlights the importance of IPRs in cricket by analyzing their role
in protecting the interests of cricket teams, sponsors, broadcasters, and other
stakeholders. It focuses on the use of IPRs by the IPL and the World Cup to
generate revenue, as well as the legal challenges that arise in the process.
The research also investigates the impact of IPRs on the competitiveness of
cricket teams and the fan experience. It analyzes the challenges faced by
cricket fans in accessing live coverage of matches due to the restrictions
placed on broadcasting rights by IPR owners.
Overall, the study emphasizes the need for a balanced approach towards the
protection of IPRs in cricket. It suggests that while IPRs are essential for the
growth and commercialization of cricket, they should not be allowed to impede
fair competition and public access to the sport.
IntroductionUnlike aeons, the war at present time is not fought and won via weapons it's the
economy which plays the pivotal role in determining one's standing in a society.
Intellectual Property being the most recent source for earning gigantic sum, the
need was sought for incorporation of a law for protecting Intellectual Property.
It not only protects the earnings of the owners of Intellectual Property by
ensuring that no one takes unfair advantage via counterfeiting their
Intellectual property and they get the reward for their original work or
invention but also regulate the use of Intellectual Properties in public domain.
However, the scope of Intellectual Property law is very wide. Ranging from
fashion industry, consumer brands to novels and Films, there is hardly any
industry which does not come within its ambit. However, the dark horse i.e. the
industry which often gets ignored yet the most common user of IP Rights is of
Sports industry. For the last 20-30 years with the commercialization of sports,
the sports industry has grown at a rapid pace over the years with certain sports
like Cricket, gaining popularity across the world over the other sports. Cricket
which was once invented by the Britishers only as a hobby has now became the
second most popular sports in the world in huge capital investments are made by
various business tycoons in order to make a fortune for themselves.
In Cricket,
the most popular and affluent tournaments in world are Indian Premiere League (IPL)
and World Cup. The popularity and of IPL can be known through the fact that its
broadcasting rights for the year 2023-27 alone was purchased for Rs 23, 500
crore. Similarly, every time, the world cup is organized, every nation tries to
get the hosting rights of World Cup as they know how much profit will it get
from just hosting it.
As the earning potential of these tournaments is growing so is the need for the
stringent laws for protecting the various Intellectual Properties of the parties
involved in such tournaments. Starting from the copyrights of the Broadcaster,
to the patent of teams' logo and design of their t-shirt, cricket without IP
Rights protection seems like far from reality. The role of intellectual property
law in cricket is critical. IP rights, such as patents, trademarks, and designs,
are imperative for safeguarding the innovations and branding of sporting events
like the IPL and World Cup. Copyrights are necessary for broadcasters to provide
live coverage of the events and for fans worldwide to enjoy the matches.
Statement Of ProblemThe game of cricket has evolved significantly over the years, not just in terms
of its gameplay but also in its commercial aspects. In recent times, the
intellectual property (IP) rights associated with cricket have become a topic of
considerable interest, particularly in the context of popular tournaments like
the Indian Premier League (IPL) and the Cricket World Cup. However, there is a
lack of comprehensive research on the nexus between IP rights and cricket,
especially in the context of these high profile tournaments.
The IPL has emerged as a major cricketing event with a global fan base,
attracting significant investments and sponsorship deals. Similarly, the Cricket
World Cup, which is held every four years, is the pinnacle of the sport and
attracts the attention of millions of cricket fans worldwide. Both these events
involve complex IP arrangements, including trademarks, copyrights and patents
among others. Despite the growing importance of IP rights in cricket, there is a
lack of understanding of how these rights impact the sport and its stakeholders,
including players, teams, sponsors, broadcasters, and fans. There is also a need
to explore the legal and regulatory frameworks that govern the use and
protection of IP rights in cricket.
Therefore, the primary aim of this research paper is to examine the nexus
between IP rights and cricket, with a special focus on the IPL and the Cricket
World Cup.
Research Objectives
- To examine the nexus between IP rights and cricket, with a special focus
on the IPL and the Cricket World Cup.
- To explore the various forms of IP rights associated with cricket, their
use and impact on stakeholders, and the legal and regulatory frameworks that
govern their protection.
Intellectual Property Rights: A Virtuous Phenomenon
Intellectual Property refers to creations of minds, such as inventions, literary
and artistice works, designs and symbols, names and images used in commerce[1].
The rights given to persons over their creations of their minds thus are called
Intellectual Property Rights. They usually give the creator an exclusive right
over the use of his/her creation for a certain period of time[2]". IP protection
is necessary for various types of intellectual property, such as inventions
(patents), brands (trademarks), designs (industrial design rights or design
patents), and creative works related to sports programs and broadcasts
(copyright and related rights) [3]. IP rights enable holders to prevent others
from copying or using their property without permission. This allows them to
charge a price for their work and promotes investment in creating innovative
products and services. While some IP rights last for a limited time and have
specific conditions, there are arrangements that allow for the use of different
types of IP under specific circumstances. IP rights ensure a balance between
innovators' and creators' interests and those of the public[4].
Intellectual Properties can be broadly classified as follows:
- Patents: It is a right granted for an invention and provides the owner the right to decide whether or how his invention can be used by others.
- Copyright: It is a right granted to the creators of a literary and artistic works. It ranges from books, films, songs, to maps, paintings, etc.
- Trademark: A trademark is a word, phrase, letter, number, sound, smell, shape, logo, picture that is used to distinguish the goods and services of one organization from those of another.
- Geographical Indicators: They are signs used on goods that have a specific geographical origin and possess qualities or characteristics especially attributed to its place of origin.
- Industrial Designs: They constitute aesthetical/ ornamental aspects of an article and may range from two dimensional to three dimensional features.
- Trade Secrets: They relate to confidential information of businesses, industries which may be sold or licensed.
IP rights enable holders to prevent unauthorized use or copying of their
intellectual property, which allows them to charge a price and encourages
investments in innovation, creation, and branded products that benefit everyone.
Cricket: The Epitome Of Entertainment And Affluence
A game started for merely passing time to a game generating 62% revenue of
Sports industry, cricket has come a long way. In 2019 itself, cricket generated
$1.9 billion. This sort of demand, affluence and response has not been seen in
any other sports. Even in COVID when all the works, businesses had come to halt,
the influence of Cricketers grew rapidly resulting in cricketers holding 92% of
the endorsement deals for athletes online[5]. Apart from the money, it brings,
cricket is the second most popular sports in the world. When tournaments like
World Cup are organized, its viewership reaches to 1-2 billion. Not only this,
it also helps in development of tier 2 cities as organizing matches in such
areas not only brings more tourists but also facilitates infrastructural
requirement of the city.
IPL And World Cup: The Two Wings Of The Cricket
Though there are many popular tournaments organized in cricket world ranging
from Asia Cup, Champions Trophy to Big Bash and The Hundred, the most popular
and imperative tournaments of Cricket are Indian Premiere League (IPL) and World
Cup.
- Indian Premiere League (IPL): Started in 2008, Indian Premiere League also
known as IPL is a professional T20 tournament played in India. It's the most
popular and affluent cricket tournament in the world. The brand value of the IPL
in 2022 was Rs 90,038 crore. IPL plays a huge role in economy of India as well
as various other nations. As per a report, more than 250000 jobs were created in
Pune, India for just 2 IPL matches[6]. Last year the revenue generated by it
crossed Rs 10 billion. The league comprises of 10 teams playing together for
earning the Title of IPL Champion. At present Mumbai Indians is the most
successful team of IPL having won four championship titles[7].
- World Cup: The Cricket World Cup is the International
championship of cricket. It is organized in two formats- ODI and T20 by the sport's governing
body, the International Cricket Council (ICC), every four years, with
preliminary qualification rounds leading up to a finals tournament. The
tournament is one of the world's most viewed sporting events and is considered
the "flagship event of the international cricket calendar" by the ICC. After IPL
it's the second most revenue generating cricket tournament in the world. The
last World Cup generated an estimated revenue of $42.8 million[8]. England is
the current champions of both ODI and T20 World Cup. The next ODI World Cup will
be held in India in 2023 whereas the next T20 World Cup will be organized in
West Indies and USA.
Is There Any Relation Between Ip Rights And Cricket?
At present, there is no industry that can function successfully without the
protection of Intellectual Property Rights. Same goes with Sports also and in
this with Cricket as well. Every time a brand name, team name, logo, tagline, or
slogan is employed by a different team, the functioning of IPR is in effect.[9]
From selling t-shirts of teams, broadcasting matches to using photos/videos of
players to promote a brand, IP Rights plays a huge role in regulating the
relations between various parties involved[10].
Every time a team decides to choose a new theme song for it, special emphasis
has to be given to copyright. Same is the position with designing t-shirts and
logos in which the emphasis is given on trademark and Design laws. Sports
activities which started as a hobby or a pastime event to enable participants to
enjoy the sports or as a form of physical exercise; have evolved into giant
international events, or more appropriately international businesses thus, arise
a need to protect the interest of various parties by ensuring that they get
reward of their invention, hard work. This is ensured by Intellectual Property
Rights[11]. No one can copy a logo of any team, to get any monetary benefit nor
can one stole its theme song and broadcast matches the rights for which has been
purchased by someone else.[12]
Apart from it several other legal issues which may arise in the sports industry
particularly cricket like use of patented technology without authorization from
the owner of the patent, copyright infringement about the copyrighted
merchandise, misbranding, copyright infringement in promotional material used,
infringement of trademarks, artwork in logo, using the name of sports
personality without paying any license fee or royalty, etc IP Rights provide
protection against all such issues and ensure peaceful and smooth functioning of
cricket matches[13].
Types Of IP Protection Available In Cricket
Though there are various IP Rights which provide protection for various
Intellectual Properties, the forms of Intellectual Property that routinely
intersects Cricket are as follows[14]:
- Copyright
- Trademark
- Patent
- Designs
- Copyright: The Core Of Cricket's Opulence
Copyright exists in an 'original literary or artistic work'. It ranges from
books, films, songs, to maps, paintings, etc. The creator owns the copyright,
unless commissioned by another and has exclusive rights pertaining to
publishing, reproducing and communicating it to public, until they assign or
license their rights to another individual or company under Section 14 of
Copyright Act, 1957[15]. Section 13 of Copyright Act, 1957 provides protection
to these literary works, musical works, dramatic works and sound recordings,
etc. In case of infringement of any literary or artwork, the owner can avail
remedy under Section 55 and Section 63 of Copyright Act. While Section 55
provides for injunctions- Permanent, Temporary, Interlocutory and damages,
Section 63 provides criminal remedy in the form of imprisonment to the
perpetrator[16].
As far as the Cricket is concerned, the Copyrights Act, 1957 provides for
various provisions which allow for the protection of several components of the
sporting events such as the artwork which is associated with the logo, slogan,
trademark, etc. In Cricket, copyright plays a pivotal role in protecting various
Intellectual Properties ranging from recorded visual images or commentaries of
sports events, Photographs of events, teams and athletes, Rule books, reports
and other materials used in the administration and promotion of sport, etc[17].
Not only this, it also provides protection to broadcasting rights and ensures
that no unauthorised broadcasting is being carried[18].
Apart from the above mentioned purposes, in IPL, the owners of the teams used
copyright to safeguard the following[19]:
- Reports, rulebooks, and other tools for administering and promoting sports
- Published findings
- Unique images of players, teams, and occasions
- IPL theme song
Similarly, in global tournaments like World Cup, it's the copyright which
protects the broadcasting rights of the broadcaster and in faith of which the
business tycoons are ready to risk their thousands of crores. This shows how
important the role IP Rights especially copyright plays in the world of cricket.
- Trademark: The Guardian Of Cricket's Mannequin
A trademark is a word, phrase, letter, number, sound, smell, shape, logo,
picture that is used to distinguish the goods and services of one organization
from those of another as defined in Section 2(zb) of Trade Marks Act, 1999.
Trademarks have a crucial role to play in the sports industry. It also plays a
major role in the commercialized world of cricket.
In times of tournaments like IPL and World Cup where Cricket occupies the place
of religion Team names and symbols create a level of association with the
public, and fan following helps the popularity ratings of any given team, club,
or player. This popularity and brand image ultimately result in monetary profit
through advertisements, brand ambassadors, goodwill, and reputation of the
sponsors, and so on.
Therefore, every team tries to protect its name, symbol,
slogans to ensure that its monetary as well as non monetary benefits are not
dispensed with[20]. Also, as the logo/emblem/phrases are extensively in the
media, they are easily and very quickly associated with the event by the public
and thereby acquire a strong trademark value[21]. In addition to a wide variety
of other items, the IPL now sells its official jersey, caps, coffee mugs, laptop
skins, mobile covers, and a lot more online.
There is also autographed
merchandise available, where fans can purchase only signed items[22]. Thus,
arise a need to protect them and it's here that the IP Rights especially
trademark comes handy and provides protection against infringement of any of the
above mentioned Intellectual Property.
Section 29 of Trademarks Act, 1999 was incorporated so that the owner of the
Trademark counter against the infringement of trademark not for only sports
industry but for fashion, business, food and other industries as well according
to which if the trade mark of the owner being copied, copied or utilised in
advertising, employed in commerce or is used to confuse the customers with some
other trademark, the owner can take action against the perpetrator for
infringement.
Section 135 of the Trademarks Act, 1999 provides for both civil
and criminal remedies against infringement or for passing off. Violation of a
trademark/brand is a cognizable offense and criminal proceedings can be
instituted against the infringer[23]. For instance, the logo of Chennai Super
Kings and is slogan "Whistle Podu" is protected as a trademark[24]. Similarly,
the trademark ICC CRICKET WORLD CUP is listed in government records (DEVICE
ZEBRA & BALL) via a 25 TM Class application and is currently used by ICC
Development (International) Limited[25].
Some of the other domain covered by
Copyright are as follows:
- Trademark With Reference To Personality Rights
"As sports have developed into a global business, so too has the significance of
athletes' image rights". Due to their celebrity class, even the names of players
such as Sachin Tendulkar, Dhoni, etc, attain the status of trademarks known as
Personality rights as specified under Section 2(m) of Trade Marks Act, 1999.
Businesses associate their products and imagery with celebrities and support
sporting events. This brand image and reputation is then converted into
financial profits through ads, brand ambassadors, goodwill and status of
sponsors[26].
Personality rights play an imperative role in the brand creation of individual
sports players and teams. For instance, MS Dhoni himself is the epitome of
Chennai Super kings whereas the image of Virat Kohli symbolizes RCB[27].
Recently, Sourav Ganguly, who had returned from Lords, found that Tata Tea Ltd.
was promoting itself by providing in each tea packet a postcard to consumers to
congratulate Sourav Ganguly. In a way, this was creating an impression that
Ganguly was associated with Tata Tea. The court ruled in favour of Ganguly by
stating that his fame and popularity is his IP. The Court in this case stated
that an initiative on the part of the players should be taken to register their
names, photographs and caricatures as trademarks.
- Trademark With Reference To Domain Names
Domain names, one of the latest inventions of mankind is also protected under
Section 2(1)(z) of Trademarks Act, 1999 because of the role played by it in the
world of cricket. A vast amount of information is disseminated, and events are
broadcasted, including online games related to sporting events through the
internet, which have not only attained an immense market share in branding and
value creation but have also given chances to cyber squatters to take the
benefit of the confusion, which is connected exclusively to domain names.
Apart from it, the websites have become a good source of advertising as well as
brand building and popularity. In a bid to engage the public and build up brand
recognition, many sponsors conduct online competitions, online ticket sales for
sporting events, online shopping portals for the sale of merchandise, etc.,
since the internet is a cost-effective method to reach out to the public, and
generate awareness about a sporting event[28]. Domain names help in building
brand image and performing search engine optimization. It has become vital to
register multiple domain names with different permutations and combinations to
safeguard sports enthusiasts, fans, merchandise buyers, online gamers, and
information seekers from committing errors leading to deviation of traffic to
unauthorized websites hosted by cyber squatters.
- Patent: The Engender Of Innovation
Patent is an intellectual property right granted to the true and first inventor
of an invention i.e. a new product or process involving an inventive step and
capable of industrial application as specified in Section 2(m) and 2(j) of
Patent Act, 1970. However, in order to be eligible for grant of patent, the
product must fulfil certain essentials like have novelty, inventive step,
industrial application and economic significance like DRS, Hot spot technology,
Snickometer, Ultraedge, etc.
In a profiteering domain like cricket, patent not only safeguards the monetary
interests of companies by giving them exclusive rights over sale, use and
manufacture of a particular product under Section 48 of Patent Act, 1970 but
also ensure that the equipment meet certain standards in terms of safety and
performance. For instance, recently in PSL, Pakistan players have started using
smart balls in their practice sessions for improving their performance. These
smart balls are embedded with sensors which help the bowlers know the speed,
spin and swing of the ball allowing them to track their progress and identify
their strengths and weaknesses without adversely affecting their performance
with normal ball. Also, as the patent of this smart ball is registered under the
name of SportCor, they have exclusive rights of their manufacturing and selling
thereby ensuring economic safeguard.. Plans are made to use the same balls in
IPL practice sessions also.
It's because patents provide the economic safeguard to manufacturers under
Section 108 of Patent Act, 1970 and offers monetary opportunities to them
motivates them that they create innovations which simplify the problems usually
faced in cricket. For instance, since the introduction of Cricket while checking
stumping or run out, it's very difficult to tell when the ball actually hit the
stumps and because of that many wrong decisions were used to given. To solve
this Zings bails were innovated which contain LED lights that light up
immediately the ball hits the stumps thus helping the empires to give correct
decisions pertaining to run out and stumping. The same were introduced in
International Cricket in July 2013 in T20 World Cup in Bangladesh.
Patents also play pivotal role in solving the problems of cricket players as
well. For instance, since the introduction of Cricket special regard was paid to
the safety of wicketkeepers and thus one can see wearing them a lot of
protective equipments including helmet. But many a time wicketkeeper's view get
block during wicket keeping because of the helmet. Also, as the helmet is quite
heavy, it causes a great strain on his body. To solve this a new kind of P2 v2.0
face protector i.e. helmet was impounded which not only ensure uninterrupted
viewing slot enabling clear sight of the ball but also moulded forehead and chin
parts ensuring less burden on wicketkeeper's neck. The same can be seen used by
Dinesh Kartik in IPL matches.
- Design: The Chaperon Of Cricket's Glamour
An equally important IP in the sports domain is aesthetics protected by
design-specific IPRs. According to Section 2(d) of Designs Act, 2000 design"
means only the features of shape, configuration, pattern, ornament or
composition of lines or colours applied to any article whether in two
dimensional or three dimensional or in both forms, by any industrial process or
means, whether manual, mechanical or chemical, separate or combined, which in
the finished article appeal to and are judged solely by the eye; but does not
include any mode or principle of construction or anything which is in substance
a mere mechanical device, and does not include any trade mark as defined in
clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks
Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian
Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section
2 of the Copyright Act, 1957 (14 of 1957)
Industrial designs are the key to making a product attractive and desirable.
Brands spend vast amounts of resources on understanding consumers' preferences
and creating stylish and appealing product designs to capture valuable market
sectors. These designs often become their most valuable assets[29].
Registration of a design gives the owner protection for the visual appearance of
the product, not how it works. To be registrable, a design must be new or
original. Examples: merchandise, bicycles, football boots or cricket bats[30].
An original or novel design is required for it to be registrable. Cricket bats
created just for the IPL would be the best instances of IPL design[31].
Other Problems Faced By Cricket With Reference To Ip Rights:
- Merchandise Counterfeiting
Merchandise Counterfeiting is a common problem especially encountered when big
tournaments like IPL and World Cup are going on. Small shops in every nook and
corner of cities in India can be found selling unauthorised cigarette lighters,
merchandise, stationary, flags etc. with IPL team or other international teams,
European football clubs logos on them. Recently, a sports goods seller in Meerut
was arrested by police for allegedly selling fake branded sports packaging
material, in a rare usage of the intellectual property laws. He was booked for
cheating and violation of the Indian Trade Marks Act[32]. This is not uncommon
these days, many shrewd and greedy shopkeepers often sell counterfeited
merchandise in names of other brands in order to earn more profit.
In the case of Skechers Usa Inc & Ors v. Pure Play Sports[33], the plaintiff
used to offer footwear in various categories. In 2011, he launched a peculiar
category i.e. 'Skechers Gowalk Footwear'. It immediately became famous because
of the combination of style, comfort, quality and value it offers to consumers.
Seeing the popularity of the product, the defendant introduced the exact replica
of the Skechers Gowalk and started marketing for the same. The plaintiff filed
the suit for injunction and since the defendant was counterfeiting the
merchandise of the plaintiff, the Delhi High Court granted an interim injunction
regarding the same.
- Ambush Marketing
Ambush marketing refers to the act of promoting a brand or product by
associating it with a team, league, or an event without paying for the official
sponsorship[34]. This marketing strategy has become increasingly popular in
sporting events, and courts struggle to deal with the issues that arise due to
the absence of specific laws in this area. One famous example of ambush
marketing is the controversy between Coca Cola and Pepsi during the 1996-97
Cricket World Cup, where Coca Cola claimed to be the "OFFICIAL COLA" of the
tournament and Pepsi released a competing ad stating "there is nothing official
about it". Other common ambush marketing tactics include flying branded blimps
around sporting venues, distributing free merchandise at the venue, showing ads
wishing teams good luck, and using tickets as prizes.
Unfortunately, in India there are no specific laws regarding ambush marketing,
allowing many advertisers to take advantage of sporting events such as the IPL
by offering discounts and promotions using coupon codes that include the name of
the league or event. These coupons are not advertised but are instead sent to
specific individuals via mail or SMS[35]. In some cases, companies engage in
ambush marketing without paying any sponsorship fees.
For example, during the
fifth edition of the IPL in 2012, the Life Insurance Company (LIC) launched an
ad campaign called "predict and win" featuring questions about the IPL, even
though they were not an official sponsor of the event. Another example is Parle
Agro, which launched the Indian Food League (IFL) website for its snack brand
Hippo during the IIPL event, despite not being an official sponsor of the
league[36]. However, since there are no specific laws addressing ambush
marketing, organizers have no legal recourse to stop these activities.
Infringement Of Broadcaster's Rights: An Analysis With Help Of Precedents
The protection of Intellectual Property (IP) is a major concern for owners of
Indian Premier League (IPL) teams and organizers of large sporting events like
the World Cup. One of the main focus of IPL is its oofy Broadcasting rights.
Recently, Viacom 18 grabbed the rights to live stream the IPL matches by paying
Rs 20, 500 crore to BCCI. Paying such a superfluous amount of money calls for
additional protection to the broadcaster's rights.
Though IPR provides some
protection to broadcasters the rise of social media has complicated matters as
it has made it easier for fans to access and share sports content. This has led
to emerging challenges for the rights holders and their partners in the sports
industry especially in Cricket in terms of live streaming and piracy. Another
issue that arises is when people who have valid tickets to a sports event take
photographs and videos, and then use them for commercial purposes such as
selling them or uploading them to the internet.
This can infringe on the broadcasting rights of the authorized broadcaster, as
defined in Section 2(dd) of The Copyright Act, 1957. The Act defines broadcast
as communication to the public by any means of wireless diffusion, whether in
any one or more of the forms of signs, sounds, or visual images. This includes a
re-broadcast. Communication to the public means making any work available for
being seen or heard or otherwise enjoyed by the public, directly or by any means
of display or diffusion other than by issuing copies of such work, regardless of
whether any member of the public actually sees, hears, or otherwise enjoys the
work so made available. Therefore, it is clear that uploading a video from a
stadium is a broadcast and a violation of the broadcaster's right.
However, there is currently no way to stop people from recording and
photographing in a stadium filled with thousands of people. In India, copyright
only subsists in work, not in broadcast, as per the decision of the court in
Espn Star Sports v Global Broadcast News Ltd. and Ors[37] Therefore, the
broadcast reproduction right is with the broadcasting organization that is
communicating the broadcast to the public under its logo by any means of
wireless diffusion or by wire, as per the definitions of broadcast and
communication to the public under Sections 2(dd) and 2(ff) of the Act.
Hence,
Section 61 of the Act is not applicable in a proceeding for infringement of
broadcasting reproduction right. Unlike in the UK, broadcasters of sports events
in India do not enjoy copyright protection in transmitted programmes as
broadcast works, and therefore, fans videoing, editing, uploading, and/or
distributing clips of sporting action from live footage may not infringe on the
broadcaster's copyright.
Tackling IP Disputes In Sports
In order to address potential issues related to sporting events and athletes,
proactive and timely actions can be taken through various means[38]:
- Firstly, it is crucial to have legal and contractual agreements in place to safeguard all forms of intellectual property (IP) related to sporting events, teams, and individual players, as well as the financial interests of all stakeholders.
- Monitoring should be carried out to prevent the misuse of trademarks, domain names and personality copyright.
- Obtaining relevant registrations and licenses before the IP is made public is critical in the sports industry.
- An effective strategy for managing patents, trademarks, designs, domain names, media, and broadcasting rights is also necessary.
- When an infringement is discovered, appropriate legal remedies such as civil or criminal actions or administrative action can be taken depending on the jurisdiction and circumstances. These can include sending ceased and desist notices or filing suits for infringement.
Conclusion
The relationship between intellectual property (IP) rights and cricket is
essential and cannot be overlooked. The IPL and World Cup tournaments offer many
chances for stakeholders to profit and gain exposure through IP protection.
Cricket organizations and teams must take the initiative to safeguard their IP
rights by securing trademark negotiations and entering into licensing
agreements. Broadcast companies must also obtain copyright protection for their
coverage to prevent infringement. In conclusion, the continued growth and
development of the cricket industry will require robust IP protection to
safeguard stakeholders' interests.
The sports industry raises significant
intellectual property rights (IPR) issues like Trademark, licensing,
franchising, Copyright, and others that require protection in any sporting
event. To safeguard such IP rights, a comprehensive legal contractual agreement
should be drafted to protect all forms of intellectual property associated with
sporting events and players. The sports industry can generate revenue through
various means, and it is crucial for the Indian government to encourage and
promote sports and culture to international standards.
Bibliography
Primary Sources
Acts and Statutes
India
- The Copyright Act, 1957
- Trademarks Act, 1999
- Patents Act, 1970
- Design Act, 2000
Secondary Sources
Internet Sources
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- Nexus between IP Rights and Cricket: The IPL, World Cup, etc available at: https://legalupanishad.com/nexus-between-ip-rights-and-cricket-the-ipl-world-cup-etc/?amp=1 (Last Visited on April 4, 2023)
- How does the Cricket World Cup fare against FIFA World Cup available at: https://inshorts.com/en/news/how-does-the-cricket-world-cup-fare-against-fif-world-cup-1528087411792 (Lat Visited on April 4, 2023)
- Intellectual Property Protection & IPL available at: https://www.altacit.com/ip-management/intellectual-property-protection-ipl/ (Last Visited on April 3, 2023)
- Emerging Sports Law India, available at: http://lawquestinternational.com/emerging-sports-law-india (Last Visited on April 3, 2023)
- Sarthak, Importance of Cricket in India, available at: https://www.cricketfile.com/importance-of-cricket-in-india/ (Last Visited on April 3, 2023)
- The Role of Intellectual Property Rights in Sports available at: https://www.kashishworld.com/blog/the-role-of-inellectual-property-rights-in-sports/ (Last Visited on April 3, 2023)
- Shield of IPR and IPL available at: https://www.legalserviceindia.com/legal/article-274-shield-of-ipr-aroSupra Note 13 at 6-ipl.html (Last Visited on April 4, 2023)
- Intellectual Property Rights in IPL available at: https://blog.ipleaders.in/intellectual-property-rights-in-ipl/ (Last Visited on April 3, 2023)
- ICC Cricket World Cup (Deviice Zebra&Ball), Company Vakil available at: https://www.companyvakil.com/trademarksearch/ICC-CRICKET-WORLD-CUP-DEVICE-ZEBRA-%26-BALL/588567 (Last Visited on April 3, 2023)
- Role of Intellectual Property Law in The Sports Industry, available at: https://enhelion.com/blogs/2020/12/10/role-of-intellectual-property-law-in-the-sports-industry/ (Las Visited on April 4, 2023)
- Intellectual Property Rights available at: http://www.dsr.nsw.gov.au/sportsclubs/ryc_legal_intellectual.asp (Last Visited on April 3, 2023)
Research Papers:
- Zoya Nafis, Personality Rights- Need For A Clear Legislation- Privacy Protection- India available at: https://www.mondaq.com/india/intellectual-property/345080/personality-rights-need-for-a-clear-legislation (Last Visited on April 4, 2023)
- Seema kadam, A Study of Ambush Marketing with reference to Indian Premier League in Snehal H Mistry (ed), Emerging Trends in Business (CK Pithwalla Institute of Management Surat 2014) 265 (Last Visited on April 4, 2023)
- Ambush Marketing- The Concept (2015) 2 International Multidisciplinary Research Journal, 214 (2015)
Newspaper Articles:
- Ishita Mishra, " lakh pieces of fake branded sports packaging items seized", The Times of India, March 16, 2022
Journals:
- Delhi Law Times
- PTC Journal (Delhi)
End-Notes:
- What is Intellectual Property? available at: https://www.wipo.int/about-ip/en/ (Last Visited on April 4, 2023)
- What are intellectual property rights? available at: https://www.wto.org/english/tratop_e/trips_e/intel1_e.html (Last Visited on April 5, 2023)
- Ibid
- Role of intellectual property rights law in sports sector available at: https://blog.ipleaders.in/role-intellectual-property-rights-law-sports-sector/?amp=1#Role_of_copyright_in_spoort_industry (Last Visited on April 3, 2023)
- Economics in the Field: The Cricket Industry available at: https:///www.180dcsggcc.org/ppost/economics-in-the-field-the-cricket-industry (Last Visited on April 4, 2023)
- Ibid
- Nexus between IP Rights and Cricket: The IPL, World Cup, etc available at: https://legalupanishad.com/nexus-between-ip-rights-and-cricket-the-ipl-world-cup-etc/?amp=1 (Last Visited on April 4, 2023)
- How does the Cricket World Cup fare against FIFA World Cup available at: https://inshorts.com/en/news/how-does-the-cricket-world-cup-fare-against-fif-world-cup-1528087411792 (Lat Visited on April 4, 2023)
- Ibid
- Intellectual Property Protection & IPL available at: https://www.altacit.com/ip-management/intellectual-property-protection-ipl/ (Last Visited on April 3, 2023)
- Emerging Sports Law India, available at: http://lawquestinternational.com/emerging-sports-law-india (Last Visited on April 3, 2023)
- Sarthak, Importance of Cricket in India, available at: https://www.cricketfile.com/importance-of-cricket-in-india/ (Last Visited on April 3, 2023)
- The Role of Intellectual Property Rights in Sports available at: https://www.kashishworld.com/blog/the-role-of-inellectual-property-rights-in-sports/ (Last Visited on April 3, 2023)
- Supra Note 10 AT 5
- Supra Note 13 AT 6
- Shield of IPR and IPL available at: https://www.legalserviceindia.com/legal/article-274-shield-of-ipr-aroSupra Note 13 at 6-ipl.html (Last Visited on April 4, 2023)
- Intellectual Property Rights in IPL available at: https://blog.ipleaders.in/intellectual-property-rights-in-ipl/ (Last Visited on April 3, 2023)
- Ibid
- Supra Note 13 AT 6
- Supra Note 16 AT 6
- Zoya Nafis, Personality Rights- Need For A Clear Legislation- Privacy Protection- India available at: https://www.mondaq.com/india/intellectual-property/345080/personality-rights-need-for-a-clear-legislation (Last Visited on April 4, 2023)
- Supra Note 13 AT 6
- Trademarks Act, 1999
- Supra Note 13 AT 6
- ICC Cricket World Cup (Deviice Zebra&Ball), Company Vakil available at: https://www.companyvakil.com/trademarksearch/ICC-CRICKET-WORLD-CUP-DEVICE-ZEBRA-%26-BALL/588567 (Last Visited on April 3, 2023)
- Supra Note 16 AT 6
- Supra Note 13 AT 6
- Supra Note 13 AT 6
- Role of Intellectual Property Law in The Sports Industry, available at: https://enhelion.com/blogs/2020/12/10/role-of-intellectual-property-law-in-the-sports-industry/ (Las Visited on April 4, 2023)
- Intellectual Property Rights available at: http://www.dsr.nsw.gov.au/sportsclubs/ryc_legal_intellectual.asp (Last Visited on April 3, 2023)
- Supra Note 13 AT 6
- Ishita Mishra, " lakh pieces of fake branded sports packaging items seized", The Times of India, March 16, 2022
- 2016 (231) DLT 299
- Ambush Marketing- The Concept (2015) 2(4) International Multidisciplinary Research Journal accessed 14 February 2019
- Supra Note 16 AT 6
- Seema kadam, A Study of Ambush Marketing with reference to Indian Premier League in Snehal H Mistry (ed), Emerging Trends in Business (CK Pithwalla Institute of Management Surat 2014) 265 (Last Visited on April 4, 2023)
- 2008 (38) PTC 477 (Del)
- Supra Note 13 AT 6
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