Handbook on International Sports Law

Handbook on International Sports Law

Research Handbooks in International Law series

Edited by James A.R. Nafziger and Stephen F. Ross

This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law.

Chapter 15: Intellectual Property Rights in Sports: A Comparative Overview of the USA, UK, and Italy

Lucio Colantuoni and Cristiano Novazio

Subjects: law - academic, comparative law, private international law, sports law


Lucio Colantuoni and Cristiano Novazio 1. INTRODUCTION 1.1. Background Traditionally, ‘intellectual property’ connotes a legal system of protection of immaterial goods that have significant economic importance: it refers to the result of human creativity and imagination such as, for example, artistic and literary works, industrial inventions, and trademarks. Intellectual property rights (IPR) influence three dimensions of a community: socio-cultural, economical, and environmental. Copyright and image rights particularly affect the cultural/artistic process, to the point that they can influence the freedom of expression. Patents and trademarks become such an integrated part of the product and of the industrial/commercial processes that they regulate significant and economically relevant aspects (production, use and circulation). Intellectual property can be divided into two categories: industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. The copyright may subsist in creative and artistic works (e.g. books, movies, music, paintings, photographs, and software) and give the copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time. A patent may be granted for a new, useful, and non-obvious invention, and gives the patent holder a right to prevent others from practicing the invention without a license from the inventor for a certain period of time. The trademark is a distinctive sign which is...

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