Chapter 15: Intellectual Property Rights in Sports: A Comparative Overview of the USA, UK, and Italy
JOBNAME: No Job Name PAGE: 1 SESS: 9 OUTPUT: Tue Sep 6 14:00:44 2011 15 Intellectual property rights in sports: a comparative overview of the USA, UK, and Italy 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...
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