World IP Day 2026 - IP and Sport
26 April is designated as World IP Day, with the aim of increasing understanding of Intellectual Property. Each year there is a theme and this year the theme is IP and Sport.
We take this opportunity to celebrate World IP Day with you and look in more detail about how Intellectual Property is relevant to the wide field of Sport.
What is intellectual Property?
Intellectual Property (IP) is generally defined as “creations of the mind” and includes technical inventions, literary and artistic works, designs, names, logos, images, audio/visual recordings, performances, computer programs and much more. These different types of creations are protected by a variety of tangible rights that can be used for economic advantage, including, patents, registered and unregistered design rights, copyright, trademarks, and so on. Whilst different types of IP protect different rights, it is often the case that several different IP rights apply to one product, process or service.
How does this apply to Sport?
Let’s look at some examples:
An athletics event is broadcast on the television. Some examples of IP that are likely to be relevant here are:
-The copyright in the audiovisual work that is broadcast, including any performance rights of the sports broadcasters.
-Trademarks for the various brands of sports wear worn by the athletes and sports equipment used by the athletes.
-Trademarks of the event sponsors.
-Design rights, patent rights and possibly copyright in the sports clothing and footwear worn by the athletes.
-Design rights and patent rights in sporting equipment used by the athletes.
-Image rights for the athletes and sports broadcasters.
A billboard advertisement of sports footwear, may involve:
-Copyright in the images used for the advertisement.
-Copyright in the layout of the advertisement.
-Trademarks in the product branding
-Rights in the look and feel of the branding
-Patents and designs in the product being advertised
More generally, patents protect technological developments in sports equipment, foot-ware and clothing.
Trademark rights – both registered and unregistered rights- protect trade names, product names, logos and devices, the look and feel of a brand, straplines, the shape of products, marketing jingles, and much more. Trademark rights can also be used to protect image rights of professional athletes.
Designs protect the appearance of products and may be particularly beneficial to protecting the shape of equipment and footwear. In addition, designs can be used to protect surface decoration of goods, such as patterns on sports clothing or sports equipment.
Copyright protects artwork and audiovisual works relating to advertising sporting goods, as well as recording and broadcasting sporting events. Copyright can also subsist in technical drawings and design documents for sporting goods as well as in computer games focused on sports.
What are the potential benefits of IP?
IP relating to sports clothing, foot-ware and clothing can be used to provide a period of exclusivity for the right holder, allowing them to recoup costs of research and development. This helps companies fund further research and likewise helps athletes benefit from better equipment, footwear and clothing to help them perform at their best. Happily for the rest of us, much of this research eventually trickles down to the high street, benefiting non-professional athletes too.
Increased recognition in the market-place resulting from IP rights such as trademarks and branding and design rights, can help companies gain an edge in the market to increase product sales and again allow them to invest more in developing new products. Image rights can help personalities control use of their image by others.
As tangible rights IP rights can be bought, sold, and licensed. Licensing broadcast rights of sporting events can provide significant income for sporting bodies.
Whilst some IP rights have to be registered, such as patents, registered design and registered trademarks, others will arise as soon as your record your creation of the mind in some permanent for, such as copyright and unregistered designs. Others, such as unregistered trademark rights are acquired through use, over time. However, they are acquired, having strong IP rights can help you protection your creations allowing you to generate more revenue for future work, whether this is by expanding your operation, or by licensing and merchandising.
Understanding how IP can apply to your particular business is important and should be considered early in any creative endeavour. Registered IP attorneys can assist you with working out which IP would be most beneficial for your business and how to best obtain and leverage it. Here at Mathisen & Macara we would be happy to help you on this journey. Why not get in touch?