Do intellectual property rights affect sports activities?

The exclusive nature of intellectual property (IP) rights involves the risk of anti-competitive behaviour by owners of such rights. This does not fit well with sports, the very essence of which is to establish a level playing field for athletes to compete fairly and equally. Exploring the application of exclusive IP rights in the context of sports, this chapter examines situations of potential conflicts between IP protection and inclusivity of athletes and sports audiences. These may arise where IP rights are sought for individual sports moves, where exclusive IP ownership bars access to sports-enhancing technologies, where broadcasting of sports events is restricted, and in certain specific cases of trademark protection for sports names and logos. This chapter demonstrates, amongst others, that without external assurances of a level playing field in sports, there is a risk of negative interactions between IP protection and inclusivity of athletes. Innovation in sports can only thrive if IP owners guarantee access to new inventions in sports gear and sportswear, so that all athletes can compete on equal footing. Furthermore, to ensure inclusivity of audiences and of sports participants who otherwise would lose out on airplay, public access to sports event broadcasts is critical. Accordingly, IP rights must be kept within limits to ensure that fair competition in sports is not compromised. However, the sharp edges of IP exclusivity can also be mitigated or removed entirely by regulation of sports federations, which establish the boundaries within which sports can be exercised and the conditions and circumstances in which athletes can use IP protected innovations. This may help to restore the balance in cases where the law fails to set limits to ensure fair athletic competition.