Sports and intellectual property intersect at virtually every commercial touchpoint in the sector: athlete endorsements, club merchandise, broadcast rights, event sponsorship, and digital content all involve IP rights.
Image Rights: Ownership and Commercialisation
An athlete’s image rights are the rights to use their name, photograph, likeness, voice, and signature for commercial purposes. An athlete owns their image rights by default. These rights can be licensed to clubs, brands, or event organisers under image rights agreements. An employment contract that is silent on image rights does not transfer them to the club.
Club and Federation IP
A club’s name, badge, and kit design are registrable as trademarks at KIPI. Registration gives the club the exclusive right to use the mark for commercial merchandise, licensing, and enforcement against counterfeiters. Trademark registration at KIPI and through ARIPO should be a priority for any commercially active club or federation.
Broadcast Rights
Broadcasting rights to sports events are owned by the organiser. Broadcasting agreements must define the licensed territory, platforms covered, duration of rights, and financial terms, including minimum guarantees and revenue sharing.
Anti-Ambush Marketing
While Kenya lacks specific anti-ambush marketing legislation, event organisers can protect official sponsor rights through contractual restrictions on venue advertising, trademark enforcement, and passing off claims against misleading association.
Protecting or commercialising sports IP in Kenya? Contact Clay & Associates Advocates. Book a Consultation
