Intellectual Property and the Olympic Games: Who Can Use the Olympic Properties and How?

Ivón Hernández and Cristina Ortega, lawyers in Guatemala and experts in Intellectual Property, share with us this article related to the Olympic Games, the largest sporting event globally. The Olympic symbol is one of the most recognized trademarks worldwide. There are other intellectual property assets or Olympic Properties, whose use is regulated by the Olympic Charter.

The Olympic Games, held every four years, constitute a global phenomenon in international sports that have gradually built a portfolio of intellectual property rights over the years. The most iconic is undoubtedly the five interlocking rings logo, but it is not the only one. The most recent version of the Olympic Charter, effective from October 15, 2023, outlines the Olympic Properties in Article 7.4.

The relationship between Olympic Properties and intellectual property is crucial for enhancing the event's value, especially in the digital age, because the International Olympic Committee (IOC) can grant licenses or enter sponsorship agreements relating to intellectual property rights of Olympic Properties.

Additionally, the Nairobi Treaty on the Protection of the Olympic Symbol, to which Guatemala has been a party since February 21, 1983, mandates special protection for the Olympic symbol of five interlocking rings. Additionally, it is established that Signatory states are obliged to deny or invalidate trademark registrations and prohibit any commercial use of the Olympic Symbol or similar symbols without authorization from the IOC.

For a better understanding of the topic, below we answer some of the questions that may arise:

1. Which are Olympic Properties?

Article 7 of the Olympic Charter defines Olympic Properties as including the flag, motto, anthem, Olympic identifications or designations (such as Olympic, Olympic Games, Olympiad, Paris 2024, "Citius, Altius, Fortius - Communiter," among other designations), the flame, the Olympic torch, and any musical, audiovisual, or creative work related to the Olympic Games. The Olympic symbol, representing the unity of the five continents and the Olympic values, is one of the world's most recognized trademarks.

In addition to trademarks, symbols, and works, other protected intellectual property assets include broadcasting rights, which generate significant revenues according to the World Intellectual Property Organization generated funds to support the efforts made by athletes around the world.

2. Who manages Olympic Properties?

The Olympic Games are among the world's most prominent sporting events, making it vital to protect Olympic Properties. The rights to Olympic Properties and the regulation of their use, including commercial, advertising, and for-profit uses, exclusively belong to the International Olympic Committee (IOC).

The IOC enjoys privileged status under the Nairobi Treaty and national legislations concerning special protection for Olympic Properties, combating infringement or misuse of these assets. Alongside this special protection, traditional intellectual property protections like trademark protection and copyright remain essential.

In addition to the IOC, National Olympic Committees of each Member State must participate in the protection of the Olympic Properties within their respective countries.

3. What are some of the challenges around managing Olympic Properties?

Effective management of Olympic Properties ensures that all income generated from the exploitation of intellectual property rights is directed towards supporting athletes, developing sports worldwide, and organizing the Olympic Games. Given the global importance and recognition of Olympic trademarks and intellectual property assets, there are numerous risks and challenges in managing and protecting these assets from unauthorized and improper use. In this article, we will explore trademark infringement, ambush marketing, and illegal broadcasts.

One of the primary challenges faced by the IOC is the unauthorized use of Olympic marks by third parties. Contrary to popular belief, the use of Olympic symbols is not free to anyone, including athletes. Any identical or similar commercial use of Olympic marks, symbols, or signs may be considered infringement. In addition to national laws and the Nairobi Treaty, the IOC has established guidelines for the use of marks by accredited persons at the Games (athletes, coaches, officials, federations, and accredited media) across all media. Moreover, the registration of any mark containing Olympic Properties and its use without express authorization from the IOC is strictly prohibited.

Another challenge is ambush marketing, where entities use Olympic Properties without authorization to create advertising campaigns related to the Games to gain profit and exposure. Ambush marketing seeks to establish an unauthorized or misleading commercial association between an entity and the Olympic Games, Olympic Properties, and the Olympic Movement. Laws protecting Olympic Properties from ambush marketing are enforceable primarily in the host country, thus the IOC must protect its rights in other territories through traditional mechanisms such as trademark registration, unfair competition laws, or misleading advertising laws. When launching advertising campaigns related to Olympic Properties or the Games, a thorough legal evaluation of the risks involved must be conducted on a case-by-case basis to avoid infringing the rights recognized in favor of the IOC. It's important to note the distinction between personal social media posts and those made by profit-seeking entities on institutional social media platforms, which undergo a higher level of scrutiny.

Lastly, a significant challenge for the IOC is combating illegal broadcasts or transmissions. Intellectual property grants rights holders the right to make works public and communicate them to the public. Therefore, broadcasting of sporting events is protected, and legally, only the IOC can authorize third parties to broadcast the event. With the rapid advancement of digital platforms and technologies, the IOC has implemented various measures to protect its intellectual property rights and the rights of broadcasters from piracy or unauthorized use. Therefore, it is crucial to carefully review the content shared on social media platforms, and any publication where a link is shared as sharing links to unauthorized sites, even if previously shared by others, may constitute infringement of the IOC's intellectual property rights.

4. How to use content without infringing Olympic Properties?

Based on the above, below are some recommendations:

a. Verify sponsorship status for the Games.

b. Advertising campaigns can evoke the Olympic spirit but without using Olympic Properties directly, focusing on promoting sports values like competition, excellence, discipline, and teamwork.

c. The Olympic Charter Rule 40 was amended in June 2019 to regulate commercial opportunities related to athletes, furthermore since Beijing 2022 specific rules have been set regarding how athletes’ sponsors can use their image even if the sponsor is not an official sponsor of the Olympic Games.

d. In December 2023, the IOC published the "IOC Rules on the Use of Social Media and Digital Media Paris 2024," to regulate the content that participating athletes and other accredited individuals can share on social media and digital platforms during the Olympic Games. It is essential to comply with these regulations to avoid violations of intellectual property rights and ensure legal compliance.

e. Considering the abovementioned, before posting any content related to the Olympic Games on social media or other digital platforms, thorough monitoring should be conducted to ensure compliance with all regulations and guidelines established by the IOC and international laws. It is advisable to consult with specialized legal advisors in intellectual property to avoid infringement.

The Olympic Games are the largest sporting event in the world, and it is an excellent opportunity to make trademarks known and consolidate themselves in the markets, reaching a wide audience, alluding to this great sports event, but following current national and international legislation and the rules established by the International Olympic Committee, as the main manager of the Olympic Properties. So, let's live this year, the greatest sports event that will take place in Paris, aware that adequate legal advice will allow us to embrace the opportunities that this event offers for companies, without infringing intellectual property rights.

At ARIAS, we have a team of highly trained professionals ready to provide expert advice on intellectual property and advertising matters. Feel free to contact us for more information.




The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.