Sports and Intellectual Property Law in India

Sports in India have undergone a remarkable transformation over the last few decades. What was once primarily viewed as a recreational activity or a matter of national pride has now become a major commercial enterprise. 

With the rise of professional leagues such as the Indian Premier League (IPL), Pro Kabaddi League, and Indian Super League, the sports sector has attracted huge investments, corporate sponsorships, and an avid fan base. In this evolving ecosystem, intellectual property (IP) rights have emerged as vital tools to protect innovations, brands, and creative content that drive the commercial success of the sports industry.

The Commercialisation of Sports in India

The sports industry in India has seen rapid growth largely due to increased consumer purchasing power and corporate interest. Sporting leagues today are no longer just about the game but have become a brand in themselves. The IPL, for example, is one of the most watched cricket tournaments globally and generates massive revenue from broadcasting rights, sponsorship deals, merchandise sales, and digital content.

This commercialisation calls for effective IP protection. Teams, players, broadcasters, and event organisers need to secure their names, logos, designs, inventions, and broadcast content against unauthorised use and piracy. Without such legal protection, the huge investments made by stakeholders would be at risk, dampening the growth of the industry.

Trademark Protection in Sports

One of the most visible forms of intellectual property in sports is trademark protection. Trademarks include team names, logos, slogans, colour combinations, and other distinctive signs that identify and distinguish a team or sporting entity in the market.

For example, in India, teams like Royal Challengers Bangalore (RCB) and Kolkata Knight Riders (KKR) have registered trademarks on their logos and colour schemes. The red and gold lion of RCB or the purple and gold knight emblem of KKR are instantly recognisable by fans and form a crucial part of the teams’ identities. These trademarks enable the teams to:

• Prevent others from using confusingly similar signs.
• Create and control merchandise such as jerseys, caps, and accessories.
• Enter into franchising and licensing agreements for additional revenue.

The Trade Marks Act, 1999, governs trademark registration and enforcement in India. It provides both civil remedies, such as injunctions, damages, and accounts of profits and criminal penalties for infringement. The law protects both registered trademarks and unregistered marks under the concept of “passing off,” enabling teams to enforce their rights even if they have not completed formal registration.

Moreover, with the rise of digital platforms, domain names have gained significant commercial value. Courts in India treat domain names as falling under the ambit of trademark law. Thus, sports entities register domain names and their variants (.com, .in, .org) to avoid cybersquatting and dilution of their online brand presence.

Copyright Protection in Broadcasting and Content

Broadcasting rights and creative content form the backbone of modern sports viewership and fan engagement. The Copyright Act, 1957, protects original works including cinematographic films, sound recordings, photographs, and artistic works. Live match footage, highlights, player photographs, promotional videos, and posters all enjoy copyright protection.

Broadcasters acquire exclusive rights to stream and telecast sporting events, often investing hundreds of crores. For instance, broadcasters like Star Sports and Disney Hotstar have secured long-term licences for IPL matches, which under the Copyright Act are valid for up to 25 years.

The copyright owner can prevent unauthorised use, copying, or piracy of broadcast content. Indian copyright law provides civil remedies like injunctions and damages, and criminal sanctions including imprisonment up to three years and fines up to ₹2,00,000 for infringement. This legal protection is crucial for sustaining the economics of sports broadcasting.

Patents and Innovation in Sports Technology

Sports equipment manufacturers increasingly rely on technological innovation to gain a competitive edge. The Patents Act, 1970, grants inventors exclusive rights for a period of 20 years for inventions that are novel, involve an inventive step, and are industrially applicable.

In the sports sector, patents protect innovations such as:

• Enhanced running shoes with improved cushioning or lightweight materials.
• Aerodynamic bicycle frames or cricket bats with new structural designs.
• Wearable technology like fitness trackers and smart prostheses used by athletes.

Patents encourage research and development, leading to better, safer equipment for athletes. They also become valuable commercial assets that companies can license or sell.

Designs: Protecting Aesthetic Appeal

Beyond functionality, the appearance of sports goods also holds significant market value. The Designs Act, 2000, protects the visual and ornamental features of products.

Teams and manufacturers register designs for:

• Jersey patterns and colour schemes.
• The shape and surface design of balls, bats, or helmets.
• Stadium architecture and seating layouts.

Design registration helps prevent unauthorised copying of unique looks, reinforcing brand identity and consumer loyalty. The protection lasts initially for ten years, extendable by five years.

Personality Rights and the Right of Publicity

In the age of celebrity culture, the personality of athletes has become a brand in itself. Players such as Virat Kohli, Sachin Tendulkar, Cristiano Ronaldo, and Tiger Woods earn substantial income from endorsements, merchandise, and advertisements tied to their image.

While India does not yet have a distinct statute recognising a “right of publicity,” personality rights are protected through a combination of:

• Trademark registration of names and signatures.
• Passing off and unfair competition laws.
• Constitutional rights under Article 21 (Right to Privacy) and Article 19(1)(a) (Freedom of Speech).

These legal tools help athletes prevent unauthorised commercial use of their name, likeness, or other personal attributes.

Licensing, Franchising and Merchandising

Licensing is a common business practice in sports, allowing third parties to use IP assets such as logos, designs, or broadcasts in exchange for royalties. Franchising extends the reach of teams into new markets by granting rights to local operators.

Through licensing and franchising, revenue is generated from:

• Official merchandise sales like jerseys, caps, mugs, and souvenirs.
• Video games, virtual reality experiences, and mobile applications.
• Hospitality, fan zones, and promotional events.

Sports leagues often impose strict brand guidelines to maintain consistency and protect IP assets. Licensing contracts typically include clauses to prevent counterfeiting and unauthorised use.

Addressing Ambush Marketing

Ambush marketing is an insidious form of unfair competition where non-sponsors attempt to associate themselves indirectly with an event to gain commercial advantage without paying sponsorship fees.

Common ambush tactics include:

• Distributing free branded merchandise near venues.
• Flying advertising balloons or blimps around stadiums.
• Broadcasting adverts wishing teams well during event breaks.

To combat ambush marketing, event organisers and sponsors use:

• Robust trademark and copyright registrations covering event names, mascots, slogans, and logos.
• Explicit contractual restrictions in sponsorship agreements.
• Swift legal action, including injunctions and damages claims.

Indian courts recognise the importance of curbing ambush marketing to preserve the value of official sponsorships.

Enforcement Mechanisms in India

India’s IP enforcement framework involves multiple agencies working together:

• Police: Investigate and register FIRs in cases of piracy, counterfeiting, and trademark infringement.
• Customs: Seize counterfeit goods at borders under the Trade Marks Act.
• Judiciary: Grant injunctions, award damages, and issue Anton Piller orders for evidence preservation.
• Alternative Dispute Resolution: Arbitration and mediation are often preferred for speedy resolution in commercial IP disputes.

Regular IP audits by teams and leagues help identify risks, monitor unauthorised use, and renew registrations on time.

Emerging Role of Artificial Intelligence

The sports IP ecosystem is increasingly adopting artificial intelligence tools to:

• Monitor digital platforms for piracy and trademark misuse.
• Analyse large volumes of data to optimise IP portfolios.
• Predict infringement trends during high-profile sporting events.

These AI-driven solutions improve efficiency in IP management and enforcement, allowing rights holders to respond promptly to threats.

Conclusion

Intellectual property law is an indispensable pillar supporting the commercial growth of sports in India. From protecting team logos and player images to safeguarding broadcast content and sporting innovations, IP rights ensure that stakeholders receive their rightful share of the value generated.

As Indian sports continue their upward trajectory, all stakeholders- athletes, franchises, broadcasters, and sponsors, need to remain vigilant about their IP assets. Timely registration, strategic licensing, effective enforcement, and adoption of modern technologies will help maintain India’s place in the global sporting arena, while fostering creativity, fair competition, and sustainable growth.