Intellectual Property Protection for Sports Performances and Sports Moves: An Analysis Under the U.S., EU, and Indian Laws

Abstract

Fostering innovation and creation in every aspect of life has made intellectual property rights (IPR) more prominent. Sports being an inseparable part of human life, are no exception and have seen massive growth in recent times. However, the same is not adequately addressed as its regulation is governed through piecemeal legislation in India. This article aims to analyze the feasibility of extending protection to the performances and moves of sportspersons under the intellectual property regime. Given the dearth of analytical study on this aspect, the present article will make a significant contribution considering the recent advancements and participation of Indian contestants in various sports, including aesthetic sports, such as gymnastics. With a divide in the scholastic views about extending intellectual property protection to sports performances and moves in special reference to adversarial and aesthetic sports, it is relevant to analyze this challenge to offer concrete solutions for carving a better future for the sports industry and the athletes. Part I of this article introduces the premise of the issue under study along with the interface of sports and intellectual property. Part II of this article deals with issues pertaining to the protection of sports moves and performances under the three most important types of intellectual property: patent, trademark, and copyright. Part III concludes the article with recommendations for the challenges under study.