PROPIEDAD INTELECTUAL EN EL DEPORTE | Landivar & Landivar

Considering that Intellectual Property is present in all aspects of our lives, sports activity cannot be exempt from this reality.

Resulta enorme la cantidad de personas que a lo largo y ancho del mundo trabajan para mejorar las condiciones deportivas y accesorios que los deportistas requieren en todas las competencias que se llevan a efecto en todos los países y regiones.

However, it should be pointed out that the romanticism of competitions, events in which fans attended a sports field or followed such events and their protagonists on television, is now a thing of the past. Today, the sports industry has become a substantial part of the economic income of countries. This phenomenon has occurred due to the technological advancement and transformation of society and definitely due to the influence of social networks in our daily lives. It is known that the main streaming platforms pay the organizations in charge of the competitions huge amounts of money that make possible these transmissions that reach millions of people around the planet.

From another angle in this same field, we observe that famous sportsmen and sportswomen have also become, due to all the activity they carry out, true brands, which successfully achieve that the clubs or institutions to which they belong, receive enormous capital. These same sports clubs, through investments and the consequent positioning, have managed to monetize and strengthen their prestige with an adequate Intellectual Property strategy.

Therefore, it should be emphasized that it is of vital importance for all those who are immersed in the world of sports to protect their Intellectual Property assets with the firm purpose of positioning themselves adequately in the sports world and also to have the possibility of defending their rights against imitators and counterfeiters who seek to take possession or take advantage of the consolidation of the Intellectual Property of each athlete or sports club of any kind or nature.

To have a clear idea of the importance of Intellectual Property in the world of sports, we see the classic case of sports shoes that can use the figure of patents for a particular invention improving its features and thus be able to offer athletes a chance to increase their performance. Based on this example of sneakers, we see that the owner or manufacturer uses the trademark to position it in the market and differentiate it from others of the same kind. On the other hand, it is also observed that, with different designs, following the example of sneakers, these can be much more attractive and eye-catching for the consumer or in this case for the athlete who is going to use them.

Thus, the world of sports illustrates very well how Intellectual Property works, referring to how patents encourage and motivate the creation of new technologies, which, as in the case of the shoes described above, improve sports equipment from every point of view. Thus, trademarks and designs confer an identity of their own to sporting events, equipment and sportswear. While CONNECTED RIGHTS AND COPYRIGHT make it possible to generate the necessary rights to enable broadcasters in the costly initiative of broadcasting sporting events on a large scale. It should also be taken into account that Intellectual Property Rights, properly protected, are the basis of agreements and commercial licensing agreements, which undoubtedly generate large revenues that contribute to boost the sports industry, generating huge income gains and therefore, a large number of jobs.

Today, however, thanks to the internet and new technologies, there has been, and is being exponentially, an increase in counterfeiting and piracy of content. It is a proven fact that the sports industry already loses 6.5% of sales, while this loss translates into the elimination of sources of employment.

Given this reality, taking into account the high percentage of incidence that sport and all the industry related to it have in the world budget, there is a need to sustain the jobs it generates. Taking also into account that sport is a means for people and citizens to interact with each other, promoting tourism, it is imperative that in all sporting activities, the fact of guaranteeing that Intellectual Property Rights are duly protected must be strengthened. To this end, governments around the world must adequately recognize the importance and value of sports in their economies, granting valid and efficient protection to Intellectual Property through their respective legislations and mechanisms for their effective application.