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A guide to rights protection at major sporting events: Part 1 - identify rights & managing risk

A guide to rights protection at major sporting events: part 1 – identify, prioritise and pre-empt risk
Tuesday, 23 July 2024 Author: Nandan Kamath, Roshan Gopalakrishna, Nihal Zachariah

This three part guide provides seven practical steps to consider when creating a rights protection programme for major sporting events such as the Olympic & Paralympic Games, regional and world Championships.   

The guide covers:

  • Step 1 – Identify and prioritise core rights over collateral rights
  • Step 2 – Contract early with key parties to pre-empt risk of ambush marketing
  • Step 3 – Educate the public & commercial partners about the enforcement of rights
  • Step 4 – Monitor actively and smartly for potential breaches
  • Step 5 – Develop an intelligent and proactive enforcement strategy
  • Step 6 – Be ready for surprises
  • Step 7 – Have a sense of humour and avoid over-enforcement

Part 1 Highlights:

Part 2 walks through Steps 3, 4 & 5 while Part 3 examines Step 6 & 7.

The commerce of sport has never been more alive. International sporting events such as the FIFA World Cup, the Olympic Games, the ICC Cricket World Cup and the Rugby World Cup captivate large global audiences, and entice high profile sponsorships and partnerships.

While major sporting events offer unparalleled platforms for companies and brands to gain global visibility, it is quite common to witness a number of companies and brands actively seeking to associate with the goodwill of such events without securing official sponsorship or commercial association rights, i.e., through the means of what is often called ‘ambush’ or ‘guerilla’ marketing. Allowing such activities to go unchecked can adversely impact the revenue model of the sport and, in turn, its ability to reinvest its earnings into game development.

Most approaches to maintaining the integrity of the commercial structure of the event involve the implementation of rights protection programmes (“RPP”).

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Written by

Nandan Kamath

Nandan Kamath

Nandan is Principal Lawyer at LawNK, based in Bangalore, India. His practice specialises in sports, technology and media laws, with clients ranging from international and national sports federations, to leagues, teams, sponsors and athletes.
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Roshan Gopalakrishna

Roshan Gopalakrishna

Roshan is Counsel (Sports & Entertainment) at LawNK, a Bangalore based niche law practice specializing in sports, intellectual property, media and information technology laws. In addition, Roshan is also the Chief Legal Counsel at Copyright Integrity International, a world leader in the protection of digital and broadcast rights. Roshan is a graduate of the National Law School of India University, Bangalore.

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Nihal Zachariah

Nihal Zachariah

Nihal is a Senior Associate at LawNK, a Bangalore based niche law practice specializing in sports, intellectual property, media and information technology laws. He is also Legal Counsel at Copyright Integrity International, a world leader in the protection of digital and broadcast rights. Nihal graduated from Gujarat National Law University in 2013 and has experience in the areas of rights protection assistance and commercial contractual drafting for a range of clients, in the sports industry and outside. 

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