How to Protect Trade Secrets in High-Tech Sports? An Intellectual Property Analysis based on the Experiences at the America's Cup and in the Formula One Championship

摘要

As shown by recent disputes at the America's Cup and in the Formula One Championship, the protection against the misappropriation of confidential information can be essential in professional sports competitions. The goal of this article is to provide a legal analysis of the protection of trade secrets in professional sports from the perspective of international intellectual property law (art.39 of the TRIPS Agreement) in the light of the decisions rendered by the relevant sporting bodies in the disputes which arose at the America's Cup and in the Formula One Championship. The analysis evidences that, except for certain aspects, these decisions essentially reflect the standard of protection of trade secrets under art.39 TRIPS.