Some Issues On Sports Intangible Property Rights

The sports intangible property rights in this dissertation refer to those special intangible property rights which are possessed by sports organizations or personalities.On the foundation of analyzing basic theory of common sports intangible property rights,some special sports intangible property rights such as sports marks right,broadcasting right, publicity right and know-how right have been studied deeply.This dissertation is divided into eight parts,in which part one is introduction,part two to part seven are principal theory and part eight is conclusion.Designed as general- individual mode,part two and part three belong to general discussion and part four to part seven,individual discussion.Part One:named as foreword,some contents such as background, significance,status,methods and course have been introduced in this part.Part Two:author discussed the meaning of property,property right and intangible property right in turn,put forward the concept of sports intangible property right and the contents which need studying specially, studied the relation between sports intangible property rights and sports intellectual property rights,sports intangible assets.Part Three:author introduced the sports marks right,broadcasting right,publicity right and Know-How right abroad,and the common sports intangible property right,sports marks right,broadcasting right, publicity right and Know-How right at home.Part Four:defined the concept of sports marks and listed out its main norms,studied the meaning,subject,content and characteristics of it,discussed the implement patterns and forms of infringement remedy, analyzed the status quo and main problems on protecting sports marks, put forward the countermeasures and suggestions about the legal protection of sports marks.Part Five:analyzed the fundamental matters such as the meaning, kinds,subject,object and content of "broadcasting right of sports event",then explained the reason why broadcasting right of sports event should be protected legally by utilizing Locke' s Labor Theory.On the basis of discussing the relation between sports event and works,author studied the legal character of broadcasting right of sports event,pointed out the foundation of protecting broadcasting right of sports event. Lastly,author put forward some suggestions on protecting the broadcasting right of sports event.Part Six:according to the case such as "Wang Jun Xia V.Kunming Cigarette Factory",author talked about the concept of the publicity right and its provenance,introduced the foundation and mode of the publicity right of elite sportsman,studied the relevant law and regulation to the publicity right of elite sportsman and put forward some suggestions on protecting the publicity right of elite sportsman.Part Seven:author explained the meaning of "know-how" firstly, then studied the legal character and specialty of know-how in sports, analyzed the object of sports know-how right in detail and pointed out the protecting foundation according to active national law.Lastly,some countermeasures and suggestions on protecting the right of know-how in sports have been put forward.Part Eight:author summarized this dissertation,showed the merits, limitations and shortcomings.