IP Law Remedies For Sports Rights Infringements In India
Read this article to learn more about the uses and its changes, catching up with well-trained and experienced intellectual property lawyers in India might help.
Some paid changes in the field of media, technology and content consumption patterns have already marked a way for growing ranges of some of the unauthorized uses of IP property rights in India. To learn more about the uses and its changes, catching up with well-trained and experienced intellectual property lawyers in India might help.
Any form of barriers to retransmission and illegal reproduction of the copyrighted content on the internet will be so low that content piracy will become pervasive. It will present a major challenge for the content owners in Indian sports market mainly.
The revenues to consider:
For the sports rights owners, revenue forms the major drawback. So, any form of benefits gained from sporting event association cannot be easily overlooked. Freeriding and IP infringements by some of the unaffiliated names have a negative impact on sports content owners’ integrity and also on the entire sporting event. Actually, the owners are just trying to associate with some of the main sporting events for promoting business interests. But, there are some forms of legalities available too in this regard, for which they need intellectual property lawyers to help.
Even though some such associations are acceptable, most of them are placed under IP infringements and should get addressed. There is a step by step guide to address such IP Infringements in India.
Proficient engagement with infringers:
It is vital to understand more about sports right owners whose IP is noted to get infringed. The main sports rights owners are event organizers or even the governing body of sport.
> Most of the time, the event organizers will grant rights in specified areas in event to some of the other entities, mainly partners, sponsors, service providers and more.
> On the other hand, the person participating in event can also be stated to have sports rights owners in some areas relating to the use of a sportsperson’s image, name or personality without authorization.
Notifications sent out to infringers:
The primary stage of action taken while engaging with infringers is by notifying them and directly asking them to cease infringing the IP of sports rights owners. Based on the infringement nature and its impact, the notice’s severity might differ.
> The notices should have a statement of the rights of sports right owners along with a demand list for infringer to follow while ceasing the infringements.
> The demand along with the notice’s tone might differ, based on the infringement’s nature. For first time infringers, the notice is enough to ensure that the infringer ceases and then desists from using the IP of sports right owners.
> When it comes to offline infringements, if the infringers do not respond to any notices even after receiving reminders, then the second step will be to either report case to law enforcement agencies or just initiate legal process by taking help from top lawyers in India .
> In terms of online infringers, if the person fails to cooperate with the demands, then it might act as a trigger for initiating legal proceedings. In case, the infringers have hidden identities to avoid any notice, then it is mandatory to notify the domain internet service provider along with host of other related providers here.
Infringement reports to law enforcement agencies:
For effectively tackling this situation, the sports right owners have to work hand in hand with the localized law enforcement agencies and their Lawyers in India for help. They just have to establish a clear protocol after collaborating with them to under their rights well. Some examples in this regard might help you big time.
> Counterfeiting merchandise:
When the matter is associated with counterfeit merchandise, the sports rights owners may conduct search and even seizure raids. The main aim over here is to ensure that the infringed items or the unlicensed merchandise are properly confiscated, seized or even disposed proficiently. It depends on the scale and nature of infringement.
> Direct home based accounts:
After identifying the pirate accounts of direct to home, the organizers of the event might report those accounts to the top law firms in Delhi for piracy to TV broadcaster, who will then deactivate those cable accounts. Then you might come across some of the dubious set top boxes, which are marketed at a wide scale in India, as these boxes might offer unlimited content to the unlicensed ones. In the year 2014, the Indian broadcasters initiated police action against Jadoo TV.
Match tickets in the black marketing world:
Just at the initial stages, this form of black marketing of the match tickets right at public places can be easily dealt with the help of “ant-hawking” laws of the local municipal. For example, in the city of Bengaluru, the hawker based activities are mostly regulated through the Karnataka Police Act, 1963. This regulation is associated with the prevention mode of certain street offenses, and it empowers police authorities to imprison the offenders in this regard. Specifically, this Act gives the local police the chance to regulate or even prohibit sales of any pass or ticket for admission, to place of public amusement.
To cover up the IP infringements of the sports rights owners, it is mandatory to have a clear conversation with the Legal firm in India first. There are multiple stages of this infringement, and the punishments are subject to vary. It is mandatory to catch up with the legal workers in this regard as they will help you learn the steps well.