Intellectual Property and Sports: A Study of Exclusivity Agreements, TV Rights and Branding in Kenya

Abstract

This study sought to assess role of intellectual property in sports using Kenya as a case study. The study was a response to the growing recognition of sports participation in development. The beneficiaries of policy must themselves be key actors in identifying and addressing livelihood priorities. In the study, the data collection instruments used in-depth interviews and focus group discussion as this involved both a quantitative and qualitative study. Research findings revealed that whilst the sportsmen are aware of their rights and the Intellectual property assets, very few are well informed on the protection available to them and how they can commercialize the same. Very few sportsmen have so far benefited from exclusivity agreements and their personality rights. It was also established that there are various factors that resulted in this scenario, these include lack of clear defined roles by the stakeholders, weak enforcement practices, ignorance and greed among stakeholders. This study recommends the strengthening of the multi-sectoral partnership by setting clearly defined roles for the stakeholders in the sports Industry. There is need to legislate sports specific laws to cater for the industry. Training on the basics of Intellectual Property to the athletes is necessary so that they learn and develop a relationship with sponsors, marketers and the corporate world. Exclusivity agreements can succeed in making African and Kenyan sportsmen rich and economically sound through television with the long term benefits for the sport, sports fans, media and sponsors being massive.