When
we hear ‘Sports’ and ‘Intellectual Property Rights’, what
comes to mind? The answer is - Sports
and IP have ‘Creativity and Innovation’ in common. The entire Sports Industry
is fundamentally dependent on ‘Creativity and Innovation’ for revenue, business
and bring improvisation in sports.
To
understand how the Intellectual Property Law protects the IP in sports and
generates revenue from it, let’s take an example of the most loved and
appreciated sport in the Country and across the World, Cricket. The Indian
Premier League was recently concluded on 12th May 2019, in which
Mumbai Indians gave a spectacular performance. The Cricket fever is soon
continued with start of ICC Cricket World Cup 2019. Massive investments have
been made by various organizations in promoting, advertising, protecting and
broadcasting the game on an International level. The inventors and creators
work behind the scenes to make the event a success. Use of technology like
drone cameras, real-time pitch analysis, lighting bails, speed-trackers,
slow-motion analysis and ultra-edge
technology are protected and implemented in the game. The logos of
different league teams are also protected under Intellectual property.
Therefore it is very important to protect the Intellectual Property in Sports
and Sports events together.
In such a scenario how does one
propose to protect Intellectual Property Rights? The answer is in the Intellectual Property Law of each
Country. In exception to Copyright, the other Intellectual Property Rights for
all sport equipments and
technologies used can be protected by registering for Patent, Trademark and
Design for a limited duration. Some of the examples of the Intellectual
Property in cricket are as follows:
Patent: Patent protects the technology and
the advancement in the technology applied in the equipments, process and
systems of the game. The technology what was used earlier has been replaced with
advanced and new technology.
(i)
Cricket Bails [GB2556943]: This
invention belongs to Oculus Sports Ltd. The cricket bail comprises of a spigot
and a flexible elongated member, wherein a first portion of the flexible
elongated member is attached to the spigot and a second portion is attached to
a mass.
(ii)
Cricket wicket monitoring system [WO03033081 (A2)]: This
invention belongs to Eichstaedt Johann Louis. The invention provides for a
cricket monitoring system having a sensor configured for automatically sensing
whether or not a cricket bail has been dislodged from the stump, an alerting
means configured for activation in response to the sensor sensing the
dislodgment of the bail from the stump, so that activation of the alerting
means can be recorded for television coverage of a cricket match and used by a
television umpire to adjudicate.
(iii)
System for indicating movement of an article
from one position or orientation to another position or orientation [NZ625544 (A)]: The invention belongs to Bronte Eckermann.
The Invention discloses a cricket stump and bail assembly. The Assembly
includes an electronic circuit, retained inside either the bail or the stump.
The circuit incorporates indicator which is LED and power source capable of
activating the indicator (LED). A sensor is capable of detecting the displacement
in response to the trigger event and enables the power source to activate the
indicator.
Now
it is interesting to observe and note that the usual Cricket bails have been
replaced by LED Cricket bails, which upon dislodgement from the stump lits up and
prove to be useful for day & night matches. The new system and the
technology improve the visibility, accessibility and accountability in the game
and also bring comfort to the players, organizers and spectators, thus adding
to their entertainment.
Design: Design protects the shape,
configuration, pattern, ornament design etc of the sport products. For example
the right over the ornamental design of the cricket ball in Design No D849161
belongs to Tangle Inc. The shape, size and design of the bat have seen many
variations over the decades. Designs are focused on handle of the cricket bat
for the Player to have strong grip while playing or on the length and breadth
of the bat for surface area for hitting the ball. There has also been a trend
where a bat with slightly shorter blade and slightly longer handle is preferred
on the field.
.
Trademark: The Trademark distinguishes goods
and services. The name, logo and the brand of the sports, sports equipment etc
can be protected under Trademark. The Trademark of Spike pro cricket is easily
distinguishable from other brands such as Nike, Puma etc.
Copyright: The broadcasting (audio visual)
rights and the artistic work such as banners, pamphlets, website content, theme
songs, anthem, slogan and tag-lines etc are protected under Copyright.
The
above referred Intellectual Properties and many more are leveraged and licensed
for optimal utilization and commercialization for earning revenues.
Advancement in other technology
which influences Sports: The accessories used by the players
and athletes contribute significantly to the game. An eyewear having laminated
lenses with anti-fogging functionality (Patent No 10295821) helps the
athletes/players to have clear vision throughout the game. Another Patent was
granted to a method of monitoring athletes’ activities by a sensor module
garments (Patent No 10244984).
Virtual Reality – a new method of
training
The
dynamics of sports training has shifted from an era where once upon a time the
player used to undergo vigorous training for competing in any sports and now
the Training session can be performed by using virtual and augmented reality
training system and method, by which the athletes and their coaches can
interact with virtual players in a simulated environment of a virtual reality
sporting event (Patent No 10300362). The players will get the feel of training
on an actual field, which is not real but is virtually created.
In
the Patent filed by Lee Chang Kyu for System for virtual reality exercise
system for sports [KR20190003925 (A)], a point on which a ball for batting is
batted, is precisely disposed in a virtual reality device when the participant
bats a ball for batting by using an actual batting member such that a sense of
reality in a relatively confined space is maximized and the participant can
play a sport event with various players.
Similarly, every sport has improved
and can be protected with the use of intellectual property. This is beneficial
for the game, country and organizers.
Olympic 2020
The
year 2019 is also known as pre-Olympic year as the most awaited and celebrated
sporting event is just around the corner. The City of Tokyo has been elected to
host the 2020 Olympic Games for the first time after a long wait of 56 years.
The 2020 Olympic emblem, mascot, pictograms and torch embody and recapitulate
the future experiences and dynamism of the athletes and spectators and their
hope and excitement for the upcoming games. Every aspect of the promotion and
advertisement reflects love for sports , art, culture and entertainment which all forms there capable Intellectual Properties . The emblem
and the mascot of the 2020 Olympic Games are very unique, catchy, and
interesting. The mascot is named “Miraitowa†which has been coined by combining
Mirai (future) and Towa (eternity) to promote a future full of eternal hope in
the hearts of the people all over the world, thus building a very interesting
and exciting journey for the upcoming event.
As
a conclusion to this short article, the writer wishes to state that by giving
adequate importance and protection to Intellectual Property in sports, the law
of Country automatically takes the most important step towards establishing
complete and sound developments of athletes, players, individuals and communities
thus building up the spirit of sportsmanship.
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