Jeux and Intellectual Property Rights

Jeux and Intellectual Property Rights

Jeux and Intellectual Property Rights

Intellectual property (IP) rights (patents, industrial designs, trademarks, copyrights, etc.) are generally associated with affaires, usually manufacturing affaires. IP rights give entière rights to the IP owner for a limited period of time. But organizers of sporting events are using IP laws to take advantage of effectif sporting interests.

Jeux activities began as a loisir or a recreational event to enable participants to enjoy manèges or to be lutteuse as a form of physical exercise. Now effectif games have become huge mondial events, or more appropriately mondial businesses with their own “tailor-made” laws. Such mondial events even tournoi the sovereign laws of nations.

Popular games like football, golf, tennis, basketball, cricket, régate, car-racing etc. have evolved into mondial events thereby creating huge marchéage potential for the organizers. Organizers of popular games such as FIFA (soccer), PGA (golf), NBA (basketball) organize and manage events, usually mondial competitions, in order to extract profond value from others who seek to palmes marchéage. Suggest passable events.

Organizers initially create a remarquable logo, symbol or discours(s) to identify the event. If the démiurge or symbols are irrégulier, they are also protected as copyrighted works

For example, the 2010 FIFA World Cup logo is protected as a trademark and an artistic work under copieuse law. Terms such as “2010 FIFA World Cup South Africa”, “2010 FIFA World Cup”, “2010 World Cup”, “Football World Cup” and similar derivations are also protected against unauthorized use and subject to congru laws in various jurisdictions.

Parce que démiurge/symbols/phrases (“event identifiers”) are widely publicized in mainstream media, they are easily and quickly associated with events by the aide and thereby acquire a strong trademark value. Event organizers then proceed to palmes the trademark value in other businesses.

Let’s apparence at the various income streams of organizers. The first line of revenue is sponsorship fees. This includes the right to display the Parraineur’s trademark inside the Games Arrivée/Stadium, the right to use the Event Découvrir in éditoriaux created by the Sponsors or the right to use the Event Découvrir in connection with any besogne (eg Banking, Credit Card (Accord)), Débit Process Outsourcing (Mahindra Satyam). ), or paiement rights (eg, a effectif luxury watch brand proche to the tee box on a golf méandre).

The annexé line of revenue is gate recueil. Even here the ordre printing can be sponsored – the ordre bears the trademark of the commandite team.

A third avènement of revenue is the entière supply of products for games, such as footballs, tennis balls, shuttlecocks (volant), fioul and lubricants (car racing), etc. Suppliers of éditoriaux have the right to describe themselves as “Official Suppliers” to promote their éditoriaux and advertise themselves as the entière suppliers of such éditoriaux. Ironically, although Adidas was a top-tier parraineur/partner at the FIFA World Cup 2010, it was Nike that Did the players’ football bottines or clever advertising spots attract more circonspection from the réputation? Is this a case of Adidas’ poor sponsorship strategy?

A fourth avènement of revenue, and increasingly the most fructueuse avènement of revenue, is the entière rights to exploit and broadcast the program on television and ondes, and perhaps in the near future, the Internet. Broadcasting rights are given to regional and territorial broadcasting networks. All copyrights in the recording and broadcasting of games are retained by the organizers or licensed to effectif entities.

Finally, organizers also grant manufacturers entière rights to produce and sell mascot or product merchandise bearing event identifiers in exchange for royalty fees.

Organizers have a wide range of income streams, namely:

1. Sponsorship Fees

2. Gate recueil

3. Unique right to use product at event

4. Broadcasting Rights

5. Merchandising Rights

Apart from event organisers, other manufacturers and besogne providers take advantage by commandite sportswear and game equipment of effectif teams or players. Just consider the player’s brand of t-shirts, slips, caps, gloves, shoes, socks, etc. In South Africa, a non-sponsored brand of shoes worn by players stood out just as prominently (if not more) than those of the official parraineur. As for nature car drivers, have you ever seen plain drivers overalls? Conversely, a driver’s overall with a écrasement helmet is often plastered with an assortment of trademarks.

Even the snacks/beverages consumed by the players during the game are sponsored, taking advantage of the full advertising value. Here the trademark advertisement is not a product advertisement, as seen in a TV advertisement, but the trademark or product is intrinsically associated with a successful player. What more convincing allocution can be created if not for a world-class player using an advertiser’s product?

In facture to the revenue-generating organizers as mentioned, players, especially top players in the game, often endorse sports-related or even non-sports products or épreuves or businesses. For example, Tiger Woods not only endorses golf clubs, balls, t-shirts, caps, etc. but also watches, consulting épreuves and personal hygiene products (annotation: he was later suspended/dropped from the voliger two due to his transgressions); Maria Sharapova, one of the top female tennis players, endorses footwear and clothing, cameras and watches, among others; And soccer player Ronaldinho has endorsement deals with Pepsi, Nike and Sony.

To maximize butins from revenue streams, organizers of ancêtre game events like FIFA need to strictly enforce their trademark rights and act against those who associate themselves with their trademarks without the organizer’s agrément. Unless organizers take exact fonctionnement against violators, not to renvoi potential violations of sponsorship agreements, it is unlikely that they will command higher sponsorship rates for future events.

Unfortunately, IP law was not designed for such periodic mondial events. Many manufacturers or besogne providers would like to be associated with prominent mondial events that attract billions of TV viewers, but either do not have the opportunity or cannot afford the fees and expenses. So they try to associate their products/épreuves with the event without the consent of the event organizer. This is where “ambush marchéage” comes into play. Event organizers have a field day taking fonctionnement against such marketers. But whether a particular event or advertisement amounts to ambush marchéage is not clear under conventional IP law. To avoid this, countries, especially host countries, are often required to enact specific laws to heurt ambush marchéage before being allowed to host the event. Britain had to enact the London Olympic Games and Paralympic Games Act 2006 before the 2012 London Olympics. Trademark “London 2012” protected.

The next difficulté arises as to how and in what manner the proceeds from the event, say, the 2010 FIFA World Cup, are spent. Who benefits from the revenue? That will be the subject of another alinéa for another day.

État: Trademarks and designs identified in the alinéa belong to their respective owners. The author claims no ownership rights; They are used for educational purposes only.

#Jeux #Intellectual #Property #Rights

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