Sports Sponsorship Contract Law Studies

The development of the sports activities, led to the development of China’s sports sponsorship in our country. As an important driving force of the national sports development, sports sponsorship undertakings should be encouraged and supported by country. In promoting the sports market in the process of industrialization and commercialization, sports sponsorship has an irreplaceable role. Sports sponsorship contract is the sponsor and the sponsor sports sponsorship market is concluded by the sponsoring behavior generated by the rights and obligations of the contract. In sports sponsorship market, it’s tend to occur that sports sponsorship contracts are not fulfilled, or third party sponsors exclusive rights denied relief, and the phenomenon of the interest for sponsors are not guaranteed. At the same time, because of the lack of sports sponsorship in our country at present legislation, sports sponsorship contract law qualitative is unknown; so it can not provide a uniform basis for the application of law to resolve disputes in sports sponsorship. In order to fully protect the interests of sponsors and raise sponsorship initiative, the paper will propose appropriate legislative proposals which based on sports sponsorship contract legal characterization, sports sponsorship contracts, and implicit marketing exclusivity rights-based behavior analysis.The full text is divided into four parts, as follows:Part I:Legal qualitative issues about sports sponsorship contracts. Mainly comment was carried about the present academic circle on the legal nature of sports sponsorship contract dispute, in order to distinguish sports sponsorship contract with the gift contracts, sales agreements and advertising contract, and conclude that sports sponsorship contract is a bilateral paid, predatory independent contract.Part II:the exclusive rights of sports sponsorship contract. It’s mainly to discuss the characteristics and constituent elements of the exclusive rights, and how to protect the exclusive sponsor of the exclusive rights issues. Meanwhile from the perspective of anti-competitive, it should make corresponding limits for the exclusive rights.Part III:Implicit Marketing tort liability in the sports sponsorship. Mainly according to the connotation and manifestation of implicit marketing behavior, this part demonstrates the essence of the ambush marketing tort liability and the constitutive requirements, and finally puts forward the implicit marketing benefits of tort liability.Part IV:the legislative idea of sports sponsorship contracts. According to the analysis about the legislative status quo of sports sponsorship contract in our country, put forward the corresponding legislative ideas and Suggestions, such as sports sponsorship contract typed, clear the scope of sports sponsorship subjects of specific measures.