Human ingenuity has long been a driving force behind the evolution, value creation, and economic growth of the global sporting industry. As the sector continues to expand beyond the playing field to an ecosystem that encompasses media, technology, merchandising, and athlete-driven enterprises, Intellectual Property (IP) has emerged as a critical tool in protecting and managing innovation and creativity. From protecting brand identities and securing broadcasting rights to creation of smart and wearable technologies, IP remains central to shaping creativity and driving innovation in sports.
However, this growth has also introduced complex challenges, including counterfeiting, unauthorised broadcasting and digital piracy, and the infringement of athletes’ image rights. These developments underscore the increasingly vital role of IP practitioners, not only in addressing these risks but also in providing strategic guidance for managing IP in an increasingly complex, innovation-driven landscape.
The role of Intellectual Property in driving innovation in sports
IP has become a significant factor in driving innovation and creativity in the fast-paced world of sports (Africa & globally), particularly when it comes to protecting and commercialising brands and players' identities. One of the most common tools we see is trade marks, used to safeguard team logos, names, slogans, taglines, and other distinctive elements. Without proper protection, these valuable assets are easily diluted, misused, or counterfeited, especially in an increasingly competitive global market. Beyond organisational branding, IP also plays an important role in protecting athletes from the commercial exploitation of their image rights. As a result, many athletes now rely on trade mark protection and legal guidance to properly secure, manage, and enforce their rights in what is a rapidly evolving space.
We also frequently see this play out in the area of broadcasting and media rights. The ability to produce, distribute, and monetize live sporting events is largely built on copyright protection. However, with the rise of digital platforms and streaming services, there has been a noticeable increase in illegal streaming and unauthorised distribution, making enforcement more critical than ever.
On the innovation side, technological advancements, particularly wearable devices and smart sports equipment, are becoming more prominent (like the prostheses deployed in the recent Paralympic Games). These often involve sensors, performance analytics, and advanced materials, and are typically protected through patents and design rights. In my experience, securing these rights is key, not just for protecting the invention itself, but also for encouraging continued investment in research and development and supporting the broader growth of the sports industry.
Challenges in working with inventors and organisations in the sporting sphere
Some of the IP challenges I have observed during my practice include:
1. Lack of early expansion planning, leading to barriers to market entry (trade mark squatting)
From experience, one recurring issue we see is that many sports franchises and organisations, despite having a global following, do not always take a proactive approach to IP protection beyond their core markets. In particular, trade mark protection across African jurisdictions is often not prioritised early enough.
This creates a gap that bad-faith actors are quick to exploit, especially in first-to-file jurisdictions where rights are granted to whoever files first, regardless of prior use or legitimate association. Once a third party has secured the mark, brand owners are often forced into costly negotiations, settlements, or even litigation just to regain control of their own brand identity in those markets.
2. Counterfeiting of sports merchandise
Another issue we frequently encounter is the scale of counterfeit sports merchandise across various African markets. Due to the global nature of sports branding, and in many cases, delayed market entry, counterfeit products often appear long before the official merchandise reaches consumers. Over time, this has even created a kind of informal acceptance of lower-quality replicas in some markets, which makes enforcement even more complex. These counterfeits, ranging from jerseys to footwear and other branded goods, significantly erode brand value and commercial returns.
The challenge is further complicated by the multi-jurisdictional nature of enforcement across Africa, where differing legal frameworks and varying levels of enforcement capacity can limit how quickly and effectively rights holders can respond.
3. Digital piracy and illegal streaming: enforcement and commercial realities
Another prevailing challenge within the industry is the unauthorised streaming and distribution of live sporting events. The rise of digital platforms has made it significantly easier for content to be shared widely and instantly, often without authorisation. This can be damaging in the context of live sports, where value is tied almost entirely to real-time viewing. Once the event is over, much of the commercial value is lost.
Enforcement is made more difficult with the speed and scale at which infringement happens online. Illegal streams can appear and spread within minutes, often outpacing traditional enforcement mechanisms. By the time action is taken, commercial harm has usually already occurred. As a result, rights holders are increasingly required to adopt continuous monitoring strategies and pursue cross-border enforcement to manage this risk effectively.
Our role in protecting innovation in the world of sports
In my firm, we act as the strategic bridge between local talent and global protection. Our role encompasses:
1. Protective strategy: We help indigenous and international inventors and sports tech startups secure trade mark, patents and industrial designs across the continent through national and regional protection systems like OAPI and ARIPO.
2. Commercialisation: We draft the licensing frameworks that allow teams and athletes to monetize their brand equity. Whether it’s character exploitation in the creative industry or securing sponsorship deals, we ensure the IP is "bankable."
3. Strategic prosecution & enforcement: We manage the entire lifecycle of a sports brand. This includes watch service and opposition/cancellation of brands, infringement actions, and dispute resolution/settlement.
4. Digital rights protection: In the digital age, sports IP is most vulnerable to "piracy-as-a-service". We assist clients in takedown notices for illegal broadcasts and the monitoring of "ambush marketing" on social media platforms during major sporting events.
Thoughts about the future: charting the way forward
From the above, it is evident that the future of intellectual property will be shaped largely by technological advancement, particularly the rapid development of artificial intelligence (AI). AI is set to transform how sports technologies are created, analysed, and commercialised, raising important questions around the ownership of AI-generated inventions, the patentability of such innovations, and the use of existing data in training intelligent systems. These developments challenge traditional IP frameworks, which were not designed to accommodate autonomous or machine-assisted creativity. Consequently, there is a growing need for legal and regulatory systems to evolve to effectively capture and address these emerging realities.
Best practice: the "IP-first" mindset
• Early engagement: Encourage clients to seek IP advice at the concept stage to avoid inadvertent disclosures.
• Holistic protection strategies: Avoid reliance on a single form of IP-layer protections where possible.
• Clear ownership structures: Ensure contracts clearly define ownership, particularly in collaborative environments.
• Jurisdictional planning: Prioritise key markets and align filing strategies with commercial expansion plans.
• Education and awareness: Many stakeholders in sport are not IP-savvy; proactive education is essential.
• Monitor proactively: Registration is only half the battle; active market monitoring is essential to maintain exclusivity.
FICPI's view
FICPI uniquely combines education and advocacy on topics around patents and trade marks, with a focus on developing the professional excellence of its individual members who represent 86 countries and regions around the world world. FICPI Forums, Congress, committees and meetings are opportunities to gather insights from the international IP attorney community on any issue, whether it be practice-related or topics of patent and trade mark law, and to equip them for .
This article is part of our celebration of World IP Day 2026, whose theme is IP in sport.
Next steps
The FICPI Open Forum (16-19 September 2026) in Budapest, Hungary, is FICPI's top tier event, open to any interested party from the IP community. Find out more and register your place at: https://ficpi.org/ficpi2026
Explore the FICPI Study & Work Groups and get more involved with FICPI’s work, including its Working Group on Trade Marks (CET 1), Designs (CET 2) and on International Patent Matters (CET 3).
About the author
Chinwe Ogban is a Partner in the Intellectual Property Practice at Jackson, Etti & Edu in Nigeria and a renowned expert on Africa's IP landscape.
She excels in drafting complex IP agreements, has expertise in NOTAP and NAFDAC-related matters, and advises on commercial IP transactions, trademark registrations, franchising, licensing, domain name registrations, and IP policy formulation.
The firm's work includes assisting inventors and sports organisations, offering services covering the entire Africa, with offices in major states including Nigeria, Ghana, Zimbabwe (servicing ARIPO matters), and Cameroon (servicing the OAPI region).
