Research Of Protection With China's Intellectual Property In Sports Events

Under the wave of sports knowledge,technology,specialization and socialization,a large number of sports intellectual property objects have emerged and become an important driving force for social and economic development.However,we should also see that in China' s sports field,there are still Less terminal intelligence results have not been included in the scope of intellectual property protection,so that the violation of sports intellectual property rights sometimes occurs.As a centralized expression of sports,the issue of intellectual property protection in sports events,especially in large-scale sports events,has always attracted the attention of theory and practice.Therefore,in the process of rule of law,the track of the protection of sports events into the rule of law is irreversible,and under the current situation of the absence of legislation and the fuzziness of the judiciary,it has far-reaching significance to study the protection of intellectual property rights in sports events.This paper mainly seeks the legal basis of the protection of intellectual property rights in sports events,constructs the legal system of intellectual property rights in sports events,solves the problem of intellectual property protection in the difficult sports events in judicial practice,and provides necessary legislative advice for the protection of intellectual property rights in sports events.This paper will focus on the analysis of the connotation of intellectual property rights of sports events,including sports rights,sports competition brands and sports secrets,analyzing the characteristics and forms of intellectual property of various sports events,and looking for sports events on this basis.The general mode and general path of intellectual property rights,and in the current legal system of our country,combined with the particularity of the basic theory of intellectual property rights in China' s sports events and the practice of intellectual property protection outside the territory,we will conduct in-depth and in-depth discussions on the optimization of intellectual property protection in China's sports events.Path and plan.The paper uses literature,expert interviews,theoretical research and empirical research combined with historical research and comparative research to use the normative analysis and value analysis methods to theoretically analyze the intellectual property rights of sports events,and then explore the brand knowledge of sports events.The basic theoretical issues such as the connotation and type of property rights,revealing the reasons for the inadequate protection of intellectual property rights in sports events,and sorting out the current status and existing problems of the current sports legal norm system,and drawing on the extraterritorial theory and legal guarantee experience,on the intellectual property rights of sports events.Legislative protection proposes feasible recommendations.Studies indicate:1.Sports events are the concrete manifestations of sports.In modern society,sports events have carried a number of functions,showing the characteristics of high professionalism and high degree of marketization,which also tightly sports events and economic development.Connected together.Sports events have obvious property attributes and personal attributes.In the process of legal evaluation of some of their contents,the concept of intellectual property rights in sports events has been theoretically used.It basically includes but is not limited to sports broadcast rights,sports event brands,sports event trade secrets and other components.The theoretical division needs to be matched by specific legislation and judicial practice.China does not have special legal protection for intellectual property rights of sports events,that is,it fails to adopt differentiated countermeasures in legislation and judiciary,including substantive law.Two levels of problems with procedural law.2.The right to broadcast sports events is an important part of the intellectual property rights of sports events.The rights related to broadcasting in sports events include both the broadcasting rights enjoyed by the organizers of sports events and the broadcasting rights obtained by the media through contracts.For the nature of the right to broadcast sports events,the overly abstract theory cannot be applied to judicial practice,and should be limited from the main body,object and content of sports rights.In the case of infringement of the right to broadcast sports events,indirect infringement is more than direct infringement.In theory,the existing protection mode cannot provide the necessary protection.Therefore,special legislation should be adopted to limit the broadcasting rights of sports events,and the litigation process should be solved by litigation theory.The corresponding program problem.3.The theoretical nature of the protection of sports event brands should be special signs.The infringement of sports event brands mainly includes two categories:ambush marketing and infringement of participating in the portrait rights of athletes.For the protection of sports event brands,specific legislative protection models and judicial protection models have their advantages and disadvantages.In terms of legislation,China should clarify the brand of sports events as a special sign,and clarify the rights of people,specific forms of expression and specific powers.4.The business secrets of sports events are different from traditional trade secrets.They take sports as the main content,and sports events as the main body and have certain "public welfare" and immediacy.The protection objects of business secrets of sports events include business models,athlete information,techniques and tactics,and training methods.At this stage,the protection of trade secrets of sports events is obviously insufficient,including the fuzzification of the main body,the lack of protection of departmental laws,and the non-correspondence between positive protection and negative protection.The protection scope and protection path of trade secrets should be specified through legislation,and the relationship between them and the general public' s right to know should be coordinated.5.The reasons for the lack of intellectual property protection in sports events mainly include the complexity of intellectual property types in sports events,the fragmentation of theoretical research,the particularity of intellectual property content of sports events and the traditional limitations of statute law in civil law.In response to this,it is necessary to increase the legislation on the intellectual property rights of sports events,to enumerate the specialization of intellectual property rights in sports events in the existing system,to introduce the law on the intellectual property rights of sports events in a single line,and to introduce the unified intellectual property protection laws for sports events.In the second mode,the corresponding litigation procedure should be improved at the same time.