Australia amends the Major Sporting Events (Indicia and Images) Protection Act 2014 (Cth)
The intersection of sport and intellectual property (IP) is big business, creating valuable opportunities for brands to capitalise on major events, the stardom of teams and athletes, and the millions of fans that tune in around the world. However, businesses should understand the legal landscape, including existing IP protection laws, as well as ambush marketing restrictions, to realise the full value of these opportunities and avoid costly missteps.
In the wake of the FIFA World Cup, as Brisbane gears up to host the 2032 games, and with various other international competitions coming to our shores before then (including world cups in rugby league, rugby union and netball), Australian businesses should develop a clear strategy to make the most of these opportunities, whilst ensuring compliance with the legislative framework that governs sports marketing and brand association in Australia.
Games preparations ‘out of the blocks’
On 14 September 2026, the Australian Parliament passed amendments to the Major Sporting Events (Indicia and Images) Protection Act 2014 (Cth) (the Amended Act). The Amended Act aims to modernise the legislative framework for the protection of IP rights associated with major sporting events in Australia, with a focus on safeguarding commercial rights and protecting consumers from counterfeit merchandise.
Notably, the Amended Act allows for swift recognition of major sporting events in Australia, enabling relevant rights holders to implement IP protections, awareness campaigns, compliance programs and enforcement measures related to key names, logos, images and other indicia.
What has changed?
Prior to introduction of the Amended Act, a separate bill was required to be passed for each major sporting event held in Australia to add that event to the legislative schedule providing a mechanism to make rules associated with that event.
The Amended Act replaces this schedule-based model with a new instruments-based approach. As a result, a new bill will no longer be required for each major sporting event, with the Act now empowering the Minister to prescribe eligible events. This will streamline the system and ensure the timely recognition and protection of key events in Australia.
Under the Amended Act a major sporting event may be prescribed by the Minister if the Minister is satisfied that the event is of ‘international significance’ or relates to ‘a sporting movement of international significance’, provided that the event is otherwise consistent with the objects of the Amended Act.
The Amended Act aims to ensure events of international significance receive protections that are transparent, consistent and targeted. For each event prescribed as a ‘major sporting event’, the Amended Act requires the following key elements to be identified:
- the authorising body for the event (e.g. the sporting federation or association);
- the event bodies for the event (e.g. the local organising committee or host city local councils);
- the protected indicia for the event (e.g. in relation to the 2032 games, this could be core terms, host city titles, and emblems, including the five interlaced rings symbol); and
- the protection period for the event.
The Amended Act’s protections apply to commercial uses of indicia and images and aim to ensure that only authorised persons, e.g. official partners and sponsors, can use event branding, indicia and images at a major sporting event during the event’s protection period. Notably, the existing exemptions remain in the Amended Act, such as for reporting news, criticism or review, and the provision of information. The Act also provides mechanisms for the seizure of counterfeit products through Australian customs to prevent the importation of infringing goods.
The Amended Act reflects Australia’s real-time preparations for our next era of major sporting events on Australian shores and the importance placed on brand and IP protection.
Get your brand over the advantage line
Before leveraging the excitement of these events, businesses should understand the protections under the Amended Act. Separately, business should ensure their own IP assets are protected by registered IP rights. Brand assets that could be considered for registration may include: product or brand names, logos, taglines, colours, sounds (for example, a jingle), smells (yes, you read that correctly; there are only two registered in Australia so far), product designs, devices, substances, methods, processes, domain names and even plant varieties.
In Australia, the above listed brand identifiers can be registered as either of the four main types of IP, namely trade marks, patents, designs and plant breeder’s rights. Domain names are not formally considered IP, however they are imperative for brand credibility, protection and identity. Domain names operate under a separate registration and licensing framework.
Early registration of key branding elements can reduce risk, and strengthen the ability to commercialise branding through sponsorships, collaborations, merchandise and digital marketing campaigns. Businesses should review their brand asset portfolios and identify any gaps in protection.
Tackle ambush marketing risks
Major sporting events also bring about heightened risks of ambush marketing caused by brand owners seeking to associate themselves with an event, without the necessary authorisation to do so.
Ambush marketing poses risks to Australian businesses on both sides of the equation. For example, a business that has secured the exclusive sponsorship rights to a particular venue, event, team or athlete, should ensure the associated sponsorship agreement contains robust exclusivity provisions, together with clear enforcement mechanisms to deter and address unauthorised ambush marketing activities.
On the flip side, businesses should carefully assess whether their advertising and promotional activities could constitute ambush marketing. Marketing campaigns which imply, create confusion about affiliation, sponsorship or endorsement relationship with an event may expose businesses to adverse actions under event-specific legislation, IP laws (e.g. trade mark/copyright infringement), and/or the Australian Consumer Law.
That’s gold: negotiating sponsorships that deliver value
Finally, it goes without saying, sponsorship agreements should be carefully reviewed to understand the precise scope of monopoly rights being granted. This could include whether exclusivity is limited to a particular category or industry sector, whether territorial or geographical limitations apply, who owns the rights in any content created during the sponsorship agreement, what customer or fan data can be collected and used, and if so, how, or whether any related assets to the sponsorship can be used after the event concludes.
Fun fact: A major change in football design occurred when Adidas created the ball featuring the distinctive black and white pattern. The design gained international prominence as the official match ball for the 1970 world cup finals in Mexico. Notably, these finals were the first to be broadcast worldwide and the contrasting colours made the ball easier to follow on screen.
Since then, Adidas has retained the exclusive right to provide the official match balls and will see this through to the next world cup in 2030.
Further, in the age of digital media rights, the growing commercial value of individuals, such as athletes, influencers and other personalities means that their names, images and likeness could also require the appropriate permissions or endorsement arrangements. These types of collaborations with individuals may also carry relevant employment, contractor or superannuation considerations.
Businesses and organisations, regardless of which side of the negotiating table, should pay close attention to the terms of sponsorship or endorsement arrangements to ensure the parties realise the full potential at hand and create a successful event.
Creating a legacy – it’s a marathon, not a sprint
With Australia set to host an exciting calendar of major sporting events, businesses and organisations have a valuable opportunity to connect with audiences and build momentum towards 2032 and beyond. To make the most of it, brands should obtain and update IP protections where available, keep ambush marketing risks front of mind, and seek advice on sponsorship, endorsement and promotion arrangements.
If you would like assistance preparing for these opportunities, please reach out to our expert Digital & Intellectual Property team at McCullough Robertson.