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.
Research article
Restricted accessResearch articleFirst published May, 2023pp. 173-183
The esports industry has recently become an attractive economic market for business enterprises. Many esports players have participated in esports competitions at international, regional, and national levels. In this scenario, international esports governing bodies such as the International Esports Federation (IESF) and Global Esports Federation (GEF) have organized international esports competitions in partnership or sponsorship contracts with business enterprises. However, unlike the governance of international sports governing bodies, international esports governing bodies cannot create regulations and rules to bind all members within the international esports society. This is because they must enter into a licensing contract with esports publishers to use the video games under intellectual property law (i.e., copyright law). As a result, esports publishers have dominant power over their video game community. In this context, international esports governing bodies can organize their esports competitions only when they enter into an event licensing contract with esports publishers to use their video games as official esports events. In this situation, they are competent to govern all esports participants in the competitions under their regulations and rules. However, it is worth noting that esports publishers can also organize worldwide esports competitions under copyright law. Against this background, the purpose of this article is to consider how the international esports society should be understood under international law. Through this research, we aim to identify how the international esports society has been governed by esports publishers and international esports governing bodies and to clarify how it should be understood under international law.
Research article
Restricted accessResearch articleFirst published May, 2023pp. 184-210
The first month of sports wagering in 2023 picks up where the final month of 2022 left off: A record national handle and an all-time high of operator gross revenue in the post-Professional and Amateur Sports Protection Act (PASPA) era.
Research article
Restricted accessResearch articleFirst published May, 2023pp. 218-231