Research On Exclusive Rights Of Sponsorship Contracts In Sports

With the development of our sports cause and the advance of industry’s marketization,sports competition’s commercialised operation means have been more mature than ever,while sports sponsorship plays an irreplaceable role in this process.In order to secure sports sponsors’ legal rights and improve their initiative,those sports competition’s organizers always use various ways to enhance the protection of sponsors’ interests.Among which the most important and direct way is to reinforce the stipulation of ‘exclusive right’ clause in a sponsoring contract,enabling those sponsoring enterprises to possess the sole right that could exclude congeneric enterprises in the market exploration.However,in the process of implementing,this kind of right may cause monopoly if being overused.Without making full use of it,there may be opportunities for third party’s infringement act.Therefore,sports competition’s exclusive right needs to be not only shown in the sponsoring contracts,but also guaranteed its moderation and appropriate implementation.This article regards exclusive right of sports competition sponsoring contracts as the research object,aiming to discuss the reason of not abiding exclusive right in the implementation process,specific patterns of expression and countermeasures,so as to provide advices concerning same problems to competition sponsorship.To this end,the use of literature,expert interviews,comparative research,case analysis to conduct in-depth discussion,and then get the following conclusions:Sports tournament sponsorship contract exclusive rights refers to the sporting event organizers and sponsors in the contract signed a voluntary agreement,the sponsor of the sponsor to give a certain area within a certain period of time to enjoy the industry’s unique development of the market s right.It is composed of the subject of rights,the object of rights and the content of rights,and has the characteristics of being protected by law,object has exclusive and arbitrary,and relativity.Its function is to achieve a win-win between the event organizers and sponsors.It is the legitimacy of the existence of a legal basis and the reality needs.The use of exclusive rights in the sports field began in the Olympic Games at the Los Angeles Olympics in 1934.The commercialization of the Olympic market was carried out in the "TOP" program,and was formally presented and used in the "TOP" program.The exemplary effect of the commercial operation of the Olympic Games,so that the exclusive rights of the sponsorship of sports events by the major sports event organizers attention,has become an important part of the sports sponsorship contract.Analysis of its widely recognized reasons,this study that the characteristics of large-scale sports events and sports events to develop more resources are intangible assets played a major role.There are some problems in the practical application of the exclusive rights of the sponsorship of sports events: the problems caused by the conflicts of interest of different rights parties;the problems caused by the abuse of exclusive rights;the negative power fails to make full use of the problems that lead to third party infringement.