The iconic Olympic symbol is a prime example of a powerful Intellectual Property (IP) asset that unites nations and inspires millions worldwide.

Sports generate numerous IP-rich assets, including brand names, logos, designs, copyrights, and media content. Furthermore, athletes are influential brand ambassadors, enabling businesses to expand their reach and market share. For instance, events like the Olympics exemplify sports' global impact.

The African Regional Intellectual Property Organization (ARIPO) recognises the importance of IP and sports, and its intersection offers significant opportunities for socio-economic development. License to broadcast and merchandising play important roles in exploiting IP rights during the Olympics.

ARIPO administers five key protocols on Patents, Utility Models, Industrial Designs, Trademarks, Traditional Knowledge, New Plant Varieties and Copyright and Related Rights[1]. These legal frameworks provide a solid foundation for protecting and commercialising intellectual property assets.

The Nairobi Treaty (1981), which protects the Olympic symbol against use for commercial purposes without authorisation of the IOC, has a very low uptake from the ARIPO Member States. It is worth noting that among the ARIPO Member States, Kenya and Uganda are the only countries that ratified and acceded to the treaty, respectively. At the same time, Ghana signed but has yet to deposit its instrument of ratification. To become a party to the treaty by signature followed by the deposit of an instrument of ratification or deposit of an instrument of accession to be deposited with the WIPO Director General[2].

The Nairobi Treaty consists of five interlaced rings of equal dimensions used in one or in its five different colours from left to right: blue, yellow, black, green and red. The interlaced rings from left to right are the blue, black and red rings situated at the top, while the yellow and green rings at the bottom[3].

The Olympic symbol is protected against use for commercial purposes without the authorisation of the International Olympic Committee (IOC). All State parties to the Nairobi Treaty are obliged to protect the symbol, e.g., refuse or invalidate the registration as a mark and to prohibit by appropriate measures the use as a mark or other sign for commercial purposes of any sign consisting of or containing the Olympic symbol[4].

The Olympic Charter stipulates that the National Olympic Committee (NOC) is to develop, promote, and protect the Olympic Movement in their respective countries. The NOC of a contracting State benefits from the revenue the IOC gets for authorising the Olympic symbol in a State party to the Treaty. The NOC of that State is entitled to a part of any revenue the IOC obtains for granting the said authorisation. Athletes and sports associations in a country stand to benefit, building their brand and realising their dreams.

The treaty aims to enhance IP and sports, promote athletes, and support talent and physical education. It also supports the National Olympics Museum, sports academies, SMEs, entrepreneurs, and companies. It allows the use of the Olympic symbol upon authorisation by the IOC, increases visibility to national broadcasters authorised to broadcast the Olympics and use the symbol, supports the National Olympics Committee initiatives to promote sports, raising awareness, and opens doors for bilateral and multilateral trades and international cooperation. It also increases IP filings and grants IP titles by national, regional and international IP offices.

The Nairobi Treaty can help build a thriving IP ecosystem, and ARIPO anticipates its Member States' ratification/ accession to the Nairobi Treaty (1981) for protecting the Olympic symbol. Collaboration with strategic partners will enhance IP and sports in ARIPO Member States and Africa, thus contributing to shaping the IP landscape in Africa, especially ahead of the 2026 Dakar Olympic games.



[1] Harare, Banjul, Swakopmund, Arusha and Kampala Protocol

[2] Article 5, Nairobi Treaty

[3] Olympic Charter (2023)

[4] Article 1, Nairobi Treaty