体育冠名权的法理分析——一个球衣换名案引发的思考

Jurisprudential Analysis of Sport Naming Rights:——A Case Study of Name Changing of Football Shirts

随着社会经济的不断发展,注意力资源作为一种重要的市场资源越来越受到市场的重视,体育冠名权就是运用注意力资源的典型,企业利用被冠名载体所吸引的注意力资源宣传自身品牌形象扩大自身影响力,已经成为一种被广泛应用的商业模式且还有不断发展壮大之势。以恒大单方面更换球衣胸前广告产生的违约成本和产生的商业价值来分析体育冠名权的法律保护迫在眉睫。分析认为,体育冠名权是一种私权并兼具公共属性;体育冠名权属于名称权的一种扩张,有其独特属性,易受到新闻媒体的侵害,更易受到来自于物主的侵害,需要针对体育冠名权的独特属性配置一套直接的保护规则。

Attention ability as one of the important marketing resources that has become more and more important by the decision makers in sport business as the social economy develops. It is typical that a naming right of sport product belongs to resource of attention ability in sport business. While naming right is getting popular as a widely used marketing model, sport business firms have utilized it as a platform to generate more public attention, promoted higher image of product, and expanded deeper influence of the business firms. The study analyzed costs of breaching the contract and its commercial value in the case of changing logo or promotional sign of the Hengda＇s shirts by just one party （Hengda） itself. The re- sults indicated that sport naming right was a part of the private rights with a public characteristics and an extension of general naming rights. It was unique and easily offended by media and other business identities. The researchers warned that it was urgent to protect integrity and interests of sport business firms by utilizing the laws related to name rights. De- veloping a set of direct regulations of protection for sport naming rights were suggested.