An overview of the law review article
The article argues that use of the intellectual property (IP) rights for sports moves are within the positive law. Although there is positive law there is crucial when these rights are enforced they enable players to gain commercial sports bargaining power. The law review argues that using intellectual rights in the sports industry advocates for fair shakes to those who practice sport in a bad way. The review suggests that from the players to rights in sports moves the intellectual property protection must be applied. The IP protections that will secure these rights are patent protection, copyright protection, and trademark or service protection. These forms of protection will help the players in securing sports moves creating demand. Therefore, each of the forms is legally appropriate but also each form might offend the norms and tradition of the sports enthusiast. Modern sport is not a mere recreation but it is becoming big business opportunity for sportsmen. Thus in order for the players to establish an efficient system to create the ownership of the services in the sports market, intellectual property protection wills the players in creating the demand.
Major laws Discussed in Law Review
The law review article discusses the three forms of intellectual property protection that are effective in helping players to secure ownership rights. Patent protection might include the moves that are imparting useful wins, e.g., faster races. Copyright protection involves the moves that are creative and new, for instance, the choreography of a dance. Trademark protection will involve the moves that indicate the uniqueness of the sources of the sporting activity.
Patent Protection Law
Under the patent statute, the owner of the patented product, service or process is the only one with the right to sell and offer services of the invention until the end entire term of the patent expires. Thus the requirement for the invention to be patented must be new and non-obvious. Also, the inventor must give a detailed written description of the invention and the process to use in full context. Also, the patent statutory classified as matter-processes or machine or the composition of the matter. Thus for the product to be patented, it must follow at least one of the statutory classification. For instance, the sporting companies must obtain the patent right of the object used in sports. For a process to be patent in the sport, it must be unique.
The conditions for copyright protection include the invention must be of the tangible form, original, creative and must fall within the subject matter of the copyright. Copyright federal requirement is satisfied by the presence of the sounds and images. To obtain copyright protection for the sports move one can record a video of the move. The sporting moves are subjected to copyright protection under the following considerations: first, if the sporting move may be considered choreography and audiovisual works.
Trademark may be available for the moves that are demonstrating the source of specific service, hence; the move is in line with consumer goodwill. The trademark statute may include any word, name, symbol, or device. Therefore a player can name the move and acquire the trademark protection of the move.
The players should use IPs to establish an efficient system to create the ownership of the services in the sports market to create the demand. Thus under IPs statutes, players can acquire patent protection for functional moves, copyright rights for creative moves, and trademark rights for moves that embody consumer goodwill.