Research On The Legal Regulation Of Intellectual Property Rights Of Sports Events

In recent years,with the improvement of the economic level of various countries and the development of science and technology,domestic and foreign sports events have flourished and developed.At the same time,the intellectual property system provides extensive protection for all kinds of knowledge products and derives intellectual propertyrelated issues related to sporting events.For example,the copyright issue of sporting events,the nature and attribution of rights to live or broadcast sporting events,and the protection of sports logos.But on the one hand,most scholars discuss the issue of intellectual property rights related to sports events,mostly based on live or broadcast events as a starting point,ignoring all the rights of event organizers to "commercially use sports events as a whole".In other words,the study of intellectual property rights of sports events is too focused on one aspect,so that it is not possible to comprehensively study the content of the topic,on the other hand,China is based on the civil law system as a reference to the written law countries,the relevant legal practice also rightly rely on the written law norms,but the relevant sports rights intellectual property laws and regulations,or no relevant provisions can be applied.Thus,whether academic research or judicial practice needs to be carried out within the framework of legal norms,but also produced a series of issues related to the legal norms of intellectual property rights of sports events,mainly reflected in the following aspects: First,what are the legal norms related to the intellectual property rights of sports events? Based on the above three aspects,this paper takes the legal norms of intellectual property rights of sports events as the starting point,analyzes the current situation and shortcomings of the legal norms of intellectual property rights in sports events in China,and seeks to resolve the problems existing in the legal norms of intellectual property rights of sports events on the basis of the analysis of the legitimacy of the legal norms of sports events and the comparative analysis of extraterritorial protection.This paper is divided into five parts,the sports event intellectual property law norms to discuss.The first part is the opening of an overview of the intellectual property rights of sports events,in order to make the object of discussion clear and concrete,the sports events are limited to the scope of "commercialization or for-profit sports events".In discussing the content of intellectual property rights of sports events,it is necessary to first make it clear that the intellectual property rights of sports events are not one of the types of legal rights of intellectual property rights,and that "intellectual property rights of sports events" is only a convenience in the way of elaboration,and its connotation is the content of intellectual property rights related to sports events,which has the private rights attribute and basic characteristics of general intellectual property rights.The second and third parts of this paper are a comparative analysis of the legal basis of the existence of intellectual property rights of sports events and the legal norms of intellectual property rights of sports events in extraterritorial countries.Among them,the second part of this paper is from the perspective of the basic theory of law,focusing on the analysis of the legal protection of intellectual property rights of sports events.Legitimacy analysis is the basis and premise of studying the legal norms of intellectual property rights of sports events.If the content of the study is not legitimate,then the punishment,income and other acts carried out on this basis will lose their foundation.Therefore,this paper from Locke’s labor and property theory,Hegel’s personality theory and the utilitarianism of the border,to seek the legitimate basis of the protection of intellectual property rights of sports.The third part is the study of the legal norms of intellectual property rights of extraterritorial sports events,which is intended to be analyzed by comparative analysis to sort out the reasons for the existence of legal norms of intellectual property rights of sports events.In the comprehensive international treaties related to intellectual property rights and the international legal norms concerning copyright and industrial property rights,there is less content about sports events,the regulation of sports events is not enough to regulate,and many international documents do not have international legal effect.This paper also studies the legal norms of some extraterritorial countries on the intellectual property rights of sports events,the United States,as one of the typical representative countries of the common law system,is a single-line law specially formulated for the broadcast of sports events,which is of great significance to regulate the broadcast behavior of sports events and related legal liabilities.In addition,Australia,the United Kingdom,France and Brazil and other countries also have legal norms on the intellectual property rights of sporting events.The legal norms of extraterritorial countries on the intellectual property rights of sports events can provide reference and reference for establishing perfect legal norms of intellectual property rights of sports events.The third and fourth parts of this paper are designed to analyze the causes of the problems under the premise of the questions raised in the previous article.The third part is from the perspective of the basic theory of law,focusing on the analysis of the legal protection of intellectual property rights of sports events.Legitimacy analysis is the basis and premise of studying the legal norms of intellectual property rights of sports events.If the content of the study is not legitimate,then the punishment,income and other acts carried out on this basis will lose their foundation.Therefore,this paper from Locke’s labor and property theory,Hegel’s personality theory and the utilitarianism of the border,to seek the legitimate basis of the protection of intellectual property rights of sports.The fourth chapter is the study of the legal norms of intellectual property rights of extraterritorial sports events,and it is intended to sort out the reasons for the existence of the legal norms of intellectual property rights of sports events through comparative analysis.In the comprehensive international treaties related to intellectual property rights and the international legal norms concerning copyright and industrial property rights,there is less content about sports events,the regulation of sports events is not enough to regulate,and many international documents do not have international legal effect.This paper also studies the legal norms of some extraterritorial countries on the intellectual property rights of sports events,the United States,as one of the typical representative countries of the common law system,is a single-line law specially formulated for the broadcast of sports events,which is of great significance to regulate the broadcast behavior of sports events and related legal liabilities.In addition,Australia,the United Kingdom,France and Brazil and other countries also have legal norms on the intellectual property rights of sporting events.The legal norms of extraterritorial countries on the intellectual property rights of sports events can provide reference and reference for establishing perfect legal norms of intellectual property rights of sports events.The fourth part of this paper,on the basis of the analysis of the basic theory of intellectual property rights of sports events,combs the legal norms of intellectual property rights of sports events in China.According to the content of intellectual property rights involved in the legal norms of sports events and the provisions of the legal norms of intellectual property rights that can be applied to sports events,the relevant legal norms of our country are divided into two aspects: first,the special legislation related to sports events;Combining the above-mentioned legal norms on the intellectual property rights of sports events,so as to analyze and summarize the main problems existing in the legal norms of intellectual property rights of sports events in China,for example,in the sports intellectual property legal norms of the system at all,the systematization of the legal norms of sports events still need to be improved,the legal effect of legal norms still need to be improved.Finally,the fifth chapter of this paper systematic construction of the protection of intellectual property rights of sports events.On the basis of analyzing the defects and deficiencies of the legal norms of intellectual property rights of sports events in china and beyond,the problems such as the dispersion of legal provisions,the single type of events covered by legal norms and the lower rank of legal norms are analyzed,and on the basis of balancing and coordinating various social interests,the necessity and feasibility of formulating the Regulations on the Protection of Intellectual Property Rights of Sports Events are determined.The name,legislative form and legal effect of the Regulations are expounded and explained.The main contents of the Regulations are expounded,including the subject of the rights regulated by the Regulations,the scope of protection,the exercise of rights and legal liabilities,and the purpose of providing comprehensive and systematic provisions for the intellectual property rights of sporting events in the Regulations.Finally,in the construction of the legal norms of intellectual property rights in sports events,it is necessary to clarify the relationship between the Regulations and the General Principles of Civil Law,the Anti-Unfair Competition Law and the Sports Law.