Emmanuel Oluwafemi Olowononi, PhD , Senior Lecturer, Corporate Law Practice Department, Nigerian Law School, Headquarters, Bwari Abuja, Nigeria; immafemi@yahoo.com
Oluwaseyi Iyanu Eletta, LL.M, Executive Secretary, Institute of Capacity Building, Entertainment and Sports Law Development and Head of Chambers, Elim Legal Consult, Abuja, Nigeria; iyanuoluwalaw@gmail.com
Akin Olawale Oluwadayisi, PhD, Senior Lecturer, Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Nigeria; akin.oluwadayisi.aaua.edu.ng
ABSTRACT
The primary objective of Intellectual Property Law is to protect from annexation the fruits of a person's work. This article examines Intellectual Property Law and Copyright in the sports industry. Intellectual Property Rights such as copyrights, trademarks, and designs became a source of significant value to the sporting arena. Apart from easing the way for protection of Intellectual property around the world, WIPO works to ensure that the benefits of the sports industry are spread wide and deep. Intellectual property carries commercial value for sporting clubs and organizations and covers the range of intangible assets covered by copyright, trademarks, designs. Protecting intellectual property is crucial in the sports industry because of the recent development of commercialization of sports, media scrutiny, emergence of top-level professional sports and globalization.
As the world becomes a global village, it becomes imperative that there is a predictable legal regime and global harmonisation of the rules, protocols, and conventions to regulate Sports Intellectual Property Law. The article makes classification between the various types of copyright. The chapter argues for protection of category of works which have satisfied the conditions of eligibility for registration and or protection. In this regards, the article identifies some works such as literary, dramatic, musical and artistic works that are required to be original.
In concluding, the article suggests good management of intellectual property in the sport industry in order to maximize economic returns. Intellectual property is bedrock for consolidation of the gains and momentum in the Sports industry. The article contends that there is strong need for development of a predictable legal regime for Sports Intellectual Property globally so as to promote ethical practices in the Sports industry. It is recommended that WIPO should come up with a sports business model which could help in building an effective Intellectual property rights strategy that could address the use of patents, trademarks, designs and other forms of IP in sports.
Keywords: copyright, fixation, originality, copyright protection and sporting event
