Matthew Lingard

IntroductionThe commercial value of professional sport is increasingly driven by the exploitation of media rights. For many sports organisations, the sale and licensing of broadcasting and streaming rights represents their largest revenue source, often exceeding sponsorship, ticketing and merchandising income. The growth of direct-to-consumer services, over-the-top (OTT) platforms, near-live content, social media distribution and international streaming services has significantly expanded the opportunities to monetise sporting content. At the same time, technological developments have increased the risks of unauthorised access, piracy and infringement.Lawyers advising clients in this area increasingly require an understanding of both the underlying intellectual property (IP) rights and the practical challenges arising from the exploitation and protection of live sports content.This Practice Note considers:•the IP rights arising in live sports broadcasts•exploitation of those rights through broadcasting and streaming arrangements•drafting and negotiating broadcast and streaming licences•piracy and illegal streaming•intermediary liability and enforcement•geo-blocking and territorial restrictions•cross-border issues•practical risk-management strategies for right holdersFor

This Practice Note provides practical guidance for solicitors advising clients in the sports sector on the IP disputes that commonly arise and on how best to manage them.For guidance on identifying, protecting, managing and exploiting IP rights in the sports sector, see Practice Note: Sports—IP protection and management.How might IP disputes arise in the sports sector?Intangible assets are the lifeblood of the sports sector. For a long time, revenues have been driven predominantly through the exploitation of IP rights. Any action which impacts or reduces the value of these rights therefore regularly results in a dispute.The main categories of dispute are as follows:•infringement of IP rights, commonly including trade marks used on kit and merchandise, design rights in equipment and apparel, copyright in broadcasts and marketing content, database rights in sporting data, and patents covering equipment technology•challenges to the subsistence, registrability or validity of IP rights, particularly where a sports brand or governing body seeks to register unconventional marks, logos or emblems•counterfeiting of kit, merchandise and match

This Practice Note provides practical guidance for those advising clients in the sports sector on identifying, protecting, managing and exploiting intellectual property (IP) rights.What IP rights arise in the sports sector?IP is central to both value and performance in the modern sports sector. Broadcasting income, sponsorship, merchandising and ticketing all depend on the strength and clarity of a rights holder's underlying IP portfolio. Additionally, with modern elite performance increasingly becoming an area where incremental advantages result in measurable success, particular focus is being applied to research and development of new technologies, all focussed on giving the team or the user an advantage.A wide range of IP and related rights typically arise across the sector.Trade marksTrade marks are signs used to distinguish the goods and services of one undertaking from those of another. They are frequently the most commercially significant right in sport, covering club and governing body names, crests and logos, competition and event branding, athlete names and personal brand marks, merchandise branding and slogans.UK trade marks are registered