Intellectual Property Rights in Global Sports: Bridging Gaps, Learning from Case Law, and Embracing Innovation with Reference to India
摘要
Global sports, with their immense economic and cultural significance, increasingly depend on robust Intellectual Property Rights (IPRs) for growth, commercialization, and international reach. From broadcasting and sponsorships to merchandising and trademarks, IPRs form the foundation of the global sports ecosystem. However, the interface between sports and international economic law exposes critical enforcement gaps-particularly in emerging markets like India-where outdated statutory regimes, fragmented enforcement, and limited technological capacity undermine effective protection. This chapter examines the protection and enforcement of sports-related IPRs within the framework of international and European economic law, with a focus on India. It analyzes key Indian case law, including Star India v. Haneeth Ujwal and ICC Development v. Arvee Enterprises, to highlight ongoing challenges such as digital piracy and ambush marketing. It then reviews the TRIPS Agreement and India’s evolving treaty obligations through recent Free Trade Agreements (FTAs) with the UAE, Australia, and the EU, which introduce TRIPS-plus standards-mandating faster takedowns, better border enforcement, and digital interoperability. In response, the chapter proposes forward-looking reforms using emerging technologies like blockchain for rights management and Al for real-time infringement detection. It argues that aligning domestic law with treaty commitments and technological innovation is essential for India to safeguard its sports-IP ecosystem while promoting fair competition and equitable access. Ultimately, the chapter advocates a balanced approach that bridges enforcement gaps, adopts innovation, and harmonizes India’s legal regime with evolving global standards in sports-related IPRs.