Role Of Intellectual Property Rights In The Sports Sector

Introduction

Sports today is not only about competition on the field. It is a high value commercial ecosystem established on identity, content, and access and each of these is secured through intellectual property ("IP") law. IP rights, and the legal protection they give are the basis for key business transactions that secure the economic value of sports and push the industry forward.

For instance, Patent laws encourage technological advances in sporting equipment. Trademark laws protect the distinct identity of events, tournament title, teams and merchandize related to them, that contribute to their commercial gains. Copyright laws govern broadcasting rights, live telecast, streams, authorized recordings, highlight packages and official promos. IPR also oversees licensing and merchandising agreements, that support the development of the sports industry by way of revenue streams created in the industry. In short, IPR affects the realm of sports in several ways, from branding to sponsorship claims to merchandising control to piracy response and even how sports leagues, athletes and broadcasters may structure licenses and imagine ways of enforcing their rights. India also applies a public access safeguard. The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007[1]

specifies that sporting events of national importance are intended to reach the widest audience on a free to air basis through mandatory signal sharing with Prasar Bharati.

In a recent Delhi high Court order in the case of Star India Pvt. V. Rogue Websites (Delhi High Court, CS(COMM) 566/2025)[2],

the court granted a 'dynamic+' injunction to protect exclusive broadcasting rights in live sports. The order records that such an injunction is necessary to curb rapidly emerging piracy platforms and directly that any newly discovered infringing sites be blocked in real time without separate hearings.

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Key Intellectual Property Assets in Sports

Sports ecosystem in India is now a rights-led business. A league or a club is valued not only for results, but for what it can lawfully control and license its brand, its broadcast/content, and the commercial identity attached to athletes and events.

1. Trade Mark and Passing off:
   The most visible intellectual property in sports is the brand, league names, team names, logos, badges, slogans, official merchandising labels, captions, taglines, and other features that are collectively referred to as "trademarks". For context, trademarks are source identifiers that hold commercial value because they establish an exclusive association between the brand and the brand's owner. Where a mark is registered, its unauthorized use by a third-party amounts to infringement under the Trade Mark Act, 1999. In the field of sports, many conflicts may also occur from misleading association – even before a rights holder has registration their rights under the trademark regime. The law preserves rights of such unregistered trademarks as well, under the law of passing off. In practice, trademarks law enables enforcement action against look alike branding, counterfeit merchandise, and marketing that suggests a false connection, when none exists.
2. Copyright Laws: Under the Copyright Law, an original creation is eligible to receive protection from the moment it is created. The protection grants the copyright owner all rights over the work, be it a dramatic, musical, literary, artistic or a cinematographic work, to inter alia, use, commercialize, create duplicates or derivative works, make modifications, grant licenses to third-parties and assign rights partly or wholly. In the field of sports, a sporting event includes numerous components spanning from artwork, logos, slogans, marketing plans, player or event photos, broadcasting rights, digital dissemination, etc., that are protected under the Copyright Regime. For instance, under the Copyright Act, 1957, broadcasters are afforded a distinct statutory right known as the broadcast reproduction right[5]. This right enables authorized broadcasters to prevent unauthorized reproduction, retransmission, or distribution of their broadcast signal. Although the sporting event itself as a public occurrence is not owned, the broadcast signal and associated audio visual content enjoy legal protection.
3. Athlete Identity and Unauthorized Commercial Use:
   Protecting personality rights of sports persons plays an important role in monetizing through individual athletes and teams as "brands". While Indian law does not yet attribute a dedicated statute titled 'personality rights' or 'publicity rights', courts have addressed cases where a sportsperson's names, image, or persona through established civil law principles. In the case of Sunil Gavaskar v. Cricket Tak & Ors. (CS(COMM) 1329/2025[6], the Delhi High Court recognized that the plaintiff "enjoys personality rights over all facets of his persona" and granted ad interim directions restraining unauthorized commercial use of his name, image and likeness, including by way of sale of merchandise and publication of related content, directing removal of such infringing material.
4. Patent Laws:
   Innovative technologies and advancements transform the sports sector from basic sports to scientifically backed methodologies. For example, sports equipment incorporating sensors and communication technology help athletes assess their performance and find areas of improvement, which furthers the performance and quality of a sports event.
   
   
5. Designs:
   Industrial Designs also influence the sports sector, as they contribute to the look and feel and the aesthetic aspect of sports equipment or merchandize. These aspects add distinctiveness, thereby making a product more appealing and marketable and increasing its economic worth.
   
   
6. Licensing and Franchising in the Sports Industry
   Intellectual Property is an asset for creators as it can be commercialized, i.e., rights to use the IP can be sold off or licensed by creator to third parties – in return of a consideration mount. In the sports sector, IP such as broadcasting rights of a sports event, merchandize associated with teams and clubs, personality rights of a sportsman, sponsorship of sports events, etc. are often an important aspect and are frequently the subject of legal disputes. Therefore, water tight agreements and contacts, that clearly define IP rights of all stakeholders are a must in the sports sector.

Conclusion

Intellectual property rights are woven into nearly every facet of the modern sports industry, from the branding of teams and athletes to the commercialization of broadcasting and technological innovation. These legal protections help to secure revenue streams, protect reputational value, and incentivize creativity and investment. Therefore, stakeholders, including teams, athletes, sponsors, and media partners must understand and actively manage their IP assets to thrive in this competitive landscape.

Co- Author: Abhishek Chaurasia, Intern and Pratham Behl, Intern

1. Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (Act No. 11 of 2007)
2. Star India Pvt. Ltd. v. Rogue Websites & Ors., CS(COMM) 566/2025 (Del HC)
3. Trade Marks Act, 1999, s. 29 (India)
4. Trade Marks Act, 1999, s. 27(2) (India)
5. Copyright Act, 1957, s. 37 (India)
6. Sunil Gavaskar v. Cricket Tak & Ors., CS(COMM) 1329/2025 (Del HC, order dated 23 Dec 2025)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.