IP and the Olympics: introduction
Nothing unites the world quite like sport. The 2024 Paris Olympics has just ended after an extraordinary display of athletic feats and triumphs, and we are excited to offer our perspective.
Behind the scenes of this grand spectacle, a sophisticated network of Intellectual Property (IP) shaped every facet of the Games. This article explores the multifaceted role of IP at the Olympics. It highlights the prominent IP assets on display. It also covers the legal and strategic considerations that made the display possible.
Join us as we look at the interesting IP elements of the Games. We also go behind the scenes to see the IP management strategies that keep such events running smoothly. In short, we show how IP laws would have prevented conflicts and safeguarded all stakeholders.
Brand Placements
Brand placements at the Olympics are like gold medals for advertisers. They generated an estimated €1.226 billion at the 2024 Olympics. Brand owners achieve this mainly through registered trademarks, which let them exploit their brand identifiers through high-visibility placements. Major brands such as Nike, LVMH, NBCU, Visa and Toyota invested heavily in placements through participants and commercials. Nigeria’s track star, Tobi Amusan, for example, wore QNB’s logo on her track shirt. The approach works: NBCU earned a record $350 million in advertising revenue from brands during the Olympics.
Performers’ Rights
Copyright law protects performers’ rights and choreographic works, and both were clear in the many dance routines at the Olympics. Breakdancing, figure skating, and rhythmic and artistic gymnastics all qualify. According to the Nigerian Copyright Act 2022, these rights give performers control over the use and reproduction of their performances.
Broadcasting the Games
In 2022, the International Olympic Committee generated $1.5 billion from selling broadcasting rights for the Games. This shows how valuable these IP rights are. Copyright law protects broadcasts, so media companies must get the copyright holders’ consent before they rebroadcast or distribute Olympic content. As a result, these rights carry immense commercial value.
Patents – the Edge of Innovation
The 2024 Paris Olympics was effectively a runway for impressive new inventions. Nike’s Pegasus Premium shoes use sculpted Air Zoom technology to enhance the heel-to-toe transition. Innovative medical equipment also keeps daring sportspeople safe. Because Olympic athletes are nearly evenly matched, the slightest technological edge can matter. Sports-related inventions are therefore extremely valuable. Under patent laws, innovators can exploit their inventions for the sporting community’s benefit, and this encourages further innovation in the industry.
Equipment Designs
Pole vaulter Mondo Duplantis dared and achieved a new world record in this year’s Games. Simone Biles dazzled in her gold-earning vault routine. The equipment made both feats possible, and it deserves the same spotlight. From the old horse-shaped vault table to the modern vault, the ornamental and ergonomic features of sporting equipment keep evolving. Jurisdictions such as Nigeria can protect them as industrial designs (or design patents). Undoubtedly, industrial designs are a crucial part of the Olympic Games. They refine the look of the sports gear, apparel and equipment that define record-breaking moments.
Behind the scenes: IP considerations
In the high-stakes arena of the Olympics, managing IP is as crucial as training for gold. Athletes perfect their techniques behind the scenes. Likewise, IP owners must work with practitioners to make sure every right is well defined and protected.
Ownership of IP Assets
Beneath the glitz of the 2024 Olympics lies complex IP ownership. Take “Hello World”, the song of the Olympics. It has several IP components: Ryan Tedder’s musical composition, vocals by Gwen Stefani and Anderson Paak, and a recording commissioned by Coca-Cola and the International Olympic Committee. To avoid disputes and ensure fair use and compensation, parties should clearly define each contributor’s rights. They can do so through due diligence, clear contracts, licensing and, where required, registration.
Warranties
Warranties play a vital role in Olympic IP. They safeguard investments, maintain brand integrity and reduce legal risks. IP owners rely on warranties to regulate use of their IP, control quality and prevent unauthorised use. Contractual representations will no doubt have been in demand. They assure licensees that the IP is valid and subsists, that no encumbrances exist and that the use of the IP fits the brand’s values.
Image Rights
Olympians are either on the cusp of stardom or already basking in the limelight. Their image, not just their athletic skill, is therefore an asset. Identifying and protecting image rights is pivotal to managing and monetising their likeness, name, voice and personal attributes for endorsements and sponsorships. Release forms and other contracts are essential here. They give the organisers legal consent to use an athlete’s image across various media. They also set out the terms of use and protect all parties from liability.
Conflict of Laws
The Olympics involve numerous countries and legal systems, and IP law is territorial. This creates fertile ground for conflicts of law. Disputes may arise from unauthorised use of IP rights or from conflicting licensing rights across jurisdictions. In such cases, it can be hard to determine the right court or the applicable law. Thus, resolving these issues means navigating intricate international contracts and enforcement mechanisms. The International Olympic Committee (IOC) and the Court of Arbitration for Sport (CAS) play key roles.
Conclusion
We have highlighted some intriguing developments in IP rights during the Games. We have also looked at the behind-the-scenes strategies that would have kept the event running smoothly. Together, they show how the parties resolve conflicts and how IP laws protect the interests of all stakeholders.
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