大型体育赛事赞助合同排他性权利的法律研究

Legal Study on Exclusive Right in Major Sports Events Sponsorship Deal

体育赛事的商业化离不开赞助商的赞助,为吸引赞助商则需要保护赞助商的利益。在大型体育赛事赞助合同中约定适用排他性原则,可保障赞助商在赛事市场开发中享有排他性的独占权利。在对大型体育赛事、体育赛事赞助、体育赛事赞助合同进行分析之后,对大型体育赛事赞助合同中排他性进行解释,继而对大型体育赛事赞助合同中排他性权利的含义和特点进行研究。按照权利的构成要素,对体育赛事赞助排他性权利的构成要素(包括主体、客体和内容)进行分析。最后,在研究排他性权利的法源、排他性权利状态和排他性权利效力的基础上,提出排他性权利的保护策略,以保护赞助商权益,推进体育赞助和体育事业的发展。

The commercialization of sports events can not be separated from sponsorship, in order to attract sponsors, the interests of sponsors is needed to be proteeted. By the .principle of exclusivity in the major sports events sponsorship deal, sponsors can enjoy exclusive market development in the exclusive rights. Combining with analysis of major sports events sponsorship deal, exclusive and relevant concept, the meaning and features of exclusive right in major sports events sponsorship deal were analyzed. In accordance with the rights of the constituent elements, the constituent elements （including the subject, object and content） of the exclusive rights of were studied. Finally, based on studying the source of exclusive rights, the status of right and the legal effect of exclusive rights, the strategies to protect the exclusive rights were proposed in order to protect the sponsors＇ interest and promote sport sponsor and sport development.