Summary
Sport is not only a competitive activity and a social activity in which the public is widely loved and involved, but it has also developed into a huge industry rooted in a market economy and vibrant. Building on the core driving force of science, technology and innovation, the sports industry is dependent on the protection of the intellectual property system。
It was only in the past decade or so that we began to host major national and international sporting events. Work on intellectual property rights for sporting events is still being explored。
From a chinese law perspective, this paper deals with the development and implementation of strategies for intellectual property rights in sport, with a view to providing a holistic perspective to the work on intellectual property rights in sport。
Keyword
Strategic objectives strategy development strategy implementation
I. Overview of intellectual property rights in sports events
(i) intellectual property rights in sport
Intellectual property rights are the legal rights of people to the creation of their intellectual activities and to the marking and goodwill of their operations. In my country, the legal profession has long adopted the term “right to intellectual fruits”, which became known as “intellectual property” after the promulgation of the general principles of civil law of the people's republic of china in 1986。
Intellectual property rights in sport are an important component of intellectual property rights。
On 24 january 2019, the world intellectual property organization (wipo) announced the theme of world intellectual property day — fighting for gold: intellectual property and sport. For the first time, intellectual property focused on the theme of sport。
(ii) intellectual property rights in sporting events
The most rewarding and confrontational sporting events are the focus of sports activities. Thus, the right to intellectual property in sport is the most concentrated activity in sports。
The types of intellectual property rights in sporting events include, inter alia, trademarks and trademarks, copyrights, television transmissions, patents, generic technologies, commercial secrets, and possibly network domain names, intangible cultural heritage, anti-improper competition, etc。
Strategic objectives of intellectual property rights in sports events
In 2008, the state council's circular on the publication of the outline of the national intellectual property strategy stated that by 2020, the country would be a country with a high level of intellectual property creation, application, protection and management。
The strategic objective of intellectual property rights in sporting events is to increase the level of intellectual property creation, application, protection and management in sports events, including preparatory processes。
Iii. Strategic development of intellectual property rights in sports events
In 2008, the state council noted that the national intellectual property strategy focused on improving the intellectual property regime, promoting the creation and application of intellectual property, strengthening intellectual property protection, preventing the abuse of intellectual property and fostering a culture of intellectual property。
In the context of the national intellectual property strategy focus, the strategic system of intellectual property rights in sports events focuses on the following:
(i) improving the intellectual property rights regime for sporting events
1. Special legislative protection to promote competitions
In the case of national and international sporting events, there is the possibility and necessity of promoting specific legislation. It is also necessary to seek a greater geographical scope and higher legal rank for specific legislation。
Beijing olympic games 2008: the regulations for the protection of olympic signs were promulgated by the state council in 2002。
2010 guangzhou asian games: regulations on the protection of intellectual property rights in the asian games of guangzhou city were promulgated by the city of guangzhou city in 2008; regulations on the protection of the signs of the asian games of guangdong province were promulgated by the government of guangdong province in 2009; and measures on the protection of the signs of the asian games were promulgated by the national directorate of business administration in 2010。
2. Promoting support for normative documents from the relevant administrations
In 2019, the general customs administration issued a circular on customs clearance for the seventh world war games in 2019; the general customs administration of the ministry of finance issued a circular on tax policy for the seventh world war games; the national postal service, the ministry of public security and the ministry of national security issued a circular on strengthening the safe management of goods delivered during the seventh world war games; and the national postal service issued a copy of a stamp for the commemoration of the seventh world war。
Hangzhou asian games 2022: in 2020, the ministry of finance, the general tax administration, the general customs administration, issued a bulletin on the taxation policy of the hangzhou asian games 2022 and the asian paralympic games。
The chengdu games in 2022: in 2022, the city sports bureau, the municipal public security bureau and the municipal social services bureau jointly issued a circular on the certification of entry of athletes and referees。
3. Implementation of the project's own system
Hangzhou asian games 2022: in 2022 the hangzhou asian organizing committee issued the guide to the protection of signs of hangzhou asian games。
(ii) promotion of the creation and application of intellectual property rights in sporting events
1. Creative strategies for intellectual property rights in sports events
A growing number of local governments are beginning to think about how to develop a group of sports events with autonomous intellectual property rights. The open international ping-pong-pong-pong games, planned by the town of cheng city's “145” world championships plan, are sports events with a “one-way” character and intellectual property rights over their own. The communication of the sports bureau of jiangsu province on the publication of the programme of action for the promotion of quality development of the performing industry in the jiangsu sports competition called for the development of autonomous ip (intellectual property) events。
2. Strategies for the application of intellectual property rights in sports events
The application of intellectual property rights in sporting events is divided into commercial and non-commercial uses。
(1) non-commercial use
The logo and emblem must be used for non-commercial purposes, must be clearly distinguished from commercial conduct, must not provide business opportunities or advertising for enterprises (other than for participants in the olympic market development sponsorship scheme) or operators, and may not be used adjacent to commercial advertising。
(2) commercial use
In sports events, the most central intellectual property authorization is use by name. The right to the name of sport, i. E. The right of the sponsor to finance or provide material material to the sponsored person, thereby obtaining the right to the name of the sports event and team, as well as the related infrastructure, and to derive economic benefits from it。
In some of the major international events, the organizers have an obligation to stop and deal with hidden marketing. This is both to ensure the purity of sport and to safeguard the interests of partners。
In addition, it is important to focus on background surveys of partners, including in terms of strength, creditworthiness, business culture and business philosophy. On the one hand, it is important to avoid the negative impact of negative events on the course of the contract. On the other hand, it is “discretionary” to negotiate appropriate forms of cooperation and the content of mandates。
The competitor has an intangible property right to live broadcasting and the competitor has market development rights. In 2015, gmo acquired five-year copyrights for a total of rmb 8 billion。
(iii) enhanced intellectual property protection in sporting events
Subjects of protection
Protection of intellectual property rights in sports events is primarily directed at the right to rebroadcast sports events, the brand of sports events, the commercial secrecy of sports events, the technology of sports events and others。
In the international arena, sports spies have emerged for many years and have carried out a wide range of activities in major sporting events, particularly focused sports, to gather and explore the training methods of competitors。
2. Powers to protect
It is well known that intellectual property rights in certain major international sporting events are attributed to their international councils, including those arising from the holding of those events。
The principal protection of powers is the application, registration and registration of intellectual property rights that have been created。
Protection of rights
Increased judicial penalties. Raising awareness and capacity of rights-holders to defend themselves. Lowering the costs of advocacy, raising the costs of violations and effectively curbing violations。
In conjunction with the public security, customs, prosecutor's offices and the courts, a system of joint meetings has been set up to carry out specific activities。
It works with television, radio, public media and large web platforms to defend rights。
Cooperation with third-party services such as lawyers in defence of rights。
(iv) prevention of abuse of intellectual property rights in sporting events
(b) rationally define the boundaries of iprs, prevent abuses of iprs, and safeguard a fair and competitive market order and legitimate public interests. Fair competition (anti-improper competition, anti-monopoly) reviews are conducted when the host issues relevant policy documents。
(v) fostering a culture of intellectual property in sports events
Increased dissemination of intellectual property rights in sporting events and awareness of intellectual property rights throughout society. Inclusion of intellectual property rights in the creation of spiritual civilization and in national legal literacy. A culture of intellectual property that respects knowledge, embraces innovation and upholds the law in good faith is promoted throughout society through the promotion of moral values that pride and shame on innovation, honesty and hypocrisy。
Iv. Strategic implementation of intellectual property rights in sports events
(i) staffing for the implementation of the intellectual property strategy for sports events
Prior to the selection of personnel, the orientation of the work, the content of the work, and the job。
The implementation of the intellectual property strategy for sporting events has focused on:
1. Applications for intellectual property rights。
2. Establish rules for the protection of intellectual property rights in a given event。
3. Review and supervision of fair competition content, including anti-hierarchical market behaviour, anti-improper competition, anti-monopoly rule-making and enforcement。
4. Development and implementation of rules on commercial and non-commercial authorizations。
5. Establishment and organization of a joint meeting system for the protection of intellectual property rights in a given event。
6. Promotion of intellectual property protection in competitions。
7. Protection of intellectual property rights in a given event。
8. Audit of documents within the committee relating to intellectual property rights in a given event。
9. Specialized criminal compliance with intellectual property rights, knowledge-gathering and advocacy for the prevention of intellectual property crime。
Scientific, effective and dynamic management of intellectual property assets, appropriate and timely acquisition or authorization of intellectual property rights。
11. Develop and implement management systems for commercial secrets and generic technologies。
12. Negotiations for licensing, introducing or exporting both。
13. Invite, report and coordinate efforts with others。
14. Other。
The implementation of the intellectual property strategy for sporting events is based on the principle of full coverage and effective completion of the above-mentioned work。
(ii) financial guarantees for the implementation of the intellectual property strategy for sporting events
It is almost impossible for us to successfully organize a major sporting event with the expected cost commensurate with the expected benefits。
The main revenue from sporting events is the sale of tickets, the right to permit the transmission of events, and the right to use intellectual property by sponsors and partners. Financial security for the implementation of the intellectual property strategy for sporting events begins in these areas。
(iii) introduction of teams of sports brokers in the running of competitions
In due course, consideration could be given to the introduction of mature and successful teams of sports brokers from abroad to run the competition。
However, special attention should be paid to national security。
(iv) focus in the implementation of the intellectual property strategy for sports events
At major sporting events, to the extent possible:
(b) pre-empt legislation, with special legislation
(b) expand the scope of legislative protection to facilitate nationwide work
(b) increase the level of legislative effectiveness and increase penalties for violations。
In this way, the relevant intellectual property protection work is bound to be more effective。
Comment:
Zhang jian, director of the school of physical education, leisure and tourism, beijing university of physical education, opened the first china sports intellectual property forum on 28 april 2019
Intellectual property expertise and practice: secondary 2021, organized by the personnel examination centre of the ministry of human resources and social security. - beijing: china personnel press, 2021, 1.
Legal protection of sports intellectual property rights in china, by - beijing: intellectual property press, 2019. 4, 29.
The secret behind chorus, the 20th century altar - sports spies, law and life, the mystery of the shuttle race, 2001, 72-75.
When sport meets business: sporting management and marketing, ulrik wagner (dan), rasmus k. Stom, by klaus nielson; hu xiaohong, zhang joy. - beijing: china friendship publishing corporation, 2018 october, 242.
" implementation of the intellectual property strategy of the guangzhou asian association " , shinjing, editor-in-chief wang yonghong, shanghai: shanghai university of transportation press, 2011, 53.
Statement
