올림픽 등 스포츠에서의 지적재산에 관한 고찰

초록

In recent years, various companies have been sponsoring major sporting events such as the Olympic Games to gain advertising and publicity effects that expose their trade names and other business signs to the media. This has led to a management strategy to gain management performance that surpasses competitors. Indeed, this strategy is effective. Major sports competitions, such as the Olympic Games and the World Cup, have been promoted by their organizers and host countries. As a result, the purpose of the Games tends to be changed from participation to economic value. Many imitations related to the economic value of the current sporting events are emerging, and it has been causing legal disputes. The protection of intellectual property rights in sports such as the Olympics can be divided as follows. First, the protection of Copyright Act such as sports journals and theses, and sports competition plans such as the Olympics and World Cups, or related architectural works and broadcasting rights. Second, the protection of Patent Act such as sports equipment, facilities, installation, etc. Third, the protection of Trademark Act such as marks, symbols and trademarks in sporting goods such as Olympic games and World Cups. In this way, protection of intellectual property rights in sports such as the Olympics is various. And the related laws and regulations also include Trademark Act, Unfair Competition Prevention Act, Patent Act, and Copyright Act. The International treaty for the protection of intellectual property in sports such as the Olympics is the “Nairobi Treaty on the Protection of the Olympic Symbol” proclaimed on September 26, 1981. However, in order to be protected by the Copyright Act, the sport game itself must be a ‘creative production belong to the category of original literary, scientific or artistic works’. however, that ‘the sports game' itself does not fall within the category of original literary, scientific or artistic works. This paper examines the overall intellectual property rights in sports such as the Olympics. In particular, the paper contains research on issues such as patents, copyrights and marks.

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