Innovation in sport rarely begins on the field. It starts in ideas, in labs, in late-night problem solving, and in conversations where possibility meets protection. This came into sharp focus during the University of the Free State’s World Intellectual Property Day webinar, where experts unpacked how intellectual property is shaping the future of sport, and why getting it right matters.
Hosted by the Technology Transfer Office in the
Directorate Research Development (DRD), the webinar brought together legal and industry experts to explore the global theme,
IP and Sports: Ready, Set, Innovate! More than 40 attendees joined to engage on how innovation moves from concept to commercial success in one of the world’s most competitive industries. The discussion was guided by
Manaileng Maphike, Managing Director of Maphike Inc, whose facilitation helped to shape a focused and engaging conversation, drawing key insights and ensuring meaningful participation throughout.
A strong message emerged early on. Innovation alone is not enough. Protection, strategy, and timing are what turn ideas into impact.
Palesa Mgaga, Senior Officer: Intellectual Property in DRD, who arranged the webinar, said: “We wanted to create a platform for practical engagement on how intellectual property shapes innovation in sport. It’s about helping our research community understand how to protect their ideas and position them for real-world impact.”
Tim Laurens, Senior Associate at KISCH IP, grounded the discussion in practical realities. “One needs to be sure that when inventing a product, one not only seeks protection, but also has the freedom to operate, as someone else may have already developed a similar innovation,” he said, emphasising the importance of understanding existing innovation in a competitive global space. He also cautioned that innovation must align with regulations. “It doesn’t help if you build a shoe that is almost trampoline-like, and the Athletics Commission won’t allow it.”
Expanding on emerging areas, Laurens noted, “Medicinal compounds and performance enhancers are an ever-expanding field in sport, and patents are extremely important – do not disclose your invention before it has been assessed by a technology transfer officer.” He reinforced the risks of early disclosure, advising, “Do not share details of your invention prematurely. Engage with the technology transfer office, as the team may be able to support its development into a commercially viable outcome.”
Dr Ella Cebisa, Candidate Attorney at
KISCH IP, pointed to further opportunities in data-driven sport. “In the United States, teams pay companies that actually have software capable of supporting talent acquisition and injury prevention,” she explained. She added, “In terms of areas such as scouting data, appropriate licensing and the protection of trade secrets are essential – it’s not very expensive to implement, but once in place, it can provide a significant competitive advantage.” For her, the potential is clear: “If young inventors can develop such solutions for South Africa, they can help unlock and maximise the potential of local players and athletes.”
Taking this further,
Ursula Baravalle, Director and Patent Attorney at KISCH IP, highlighted how the broader legal framework supports these innovations. “In South Africa, we have a patent office that currently does not examine patent applications for novelty and inventive steps. A new patents bill has been proposed to introduce substantive examination as a mandatory requirement,” she explained.
These reforms open up new opportunities, particularly for sports technologies. “A utility model is quite exciting, especially in the sphere of sports and IP, as an inventive step is not a requirement,” she said. Yet, alongside opportunity comes responsibility. “As early as possible and before any public disclosure – such as attending a conference or publishing an article – it is very important to formally capture the invention in an invention disclosure document and submit it to the technology transfer office.”
Baravalle stressed that intellectual property rarely exists in isolation. “We would look at patents, designs, trademarks, copyrights, and trade secrets in combination to determine the most effective way to protect an innovation,” she explained. Beyond legal protection, she pointed to the importance of strong agreements and strategic thinking. “Most importantly, it is important to maintain sound contract hygiene, ensuring that collaboration agreements do not inadvertently assign or dilute ownership of technology, and to align regulatory aspects with your IP strategy.”
The conversation also turned to broadcasting, one of sport’s most valuable assets. “We have copyright protection covering footage, commentary, production, and licensing agreements that regulate who is authorised to broadcast specific content,” Baravalle noted. With the rise of mobile streaming, enforcement remains critical. “Illegally streaming such content can land one in hot water, especially where the necessary permission has not been obtained.”
Laurens added more detail to the discussion on content use. “Using a snippet of the latest Springbok game and posting that directly on YouTube is clearly copyright infringement,” he said, noting that transformation can create new rights. “If you take that snippet, add commentary, dub over a voice, and transform it into something substantially different, then it may no longer constitute the original copyrighted work.”
At the heart of the webinar was a deeper question about who benefits from innovation. Laurens highlighted the imbalance often faced by athletes. “Many of these athletes go through gruelling exercise regimes – a lifetime of sacrifice to get to that level – and at the point where they enter the major leagues, it is saddening to see organisations such as the UFC or the WWF reaping the most rewards.” His advice was clear. “It is important that you do not sign away the rights to your name,” he said, urging athletes to seek guidance before entering into agreements.
For young innovators, the path forward lies in awareness and collaboration. “As soon as disclosure happens, it is generally no longer possible to recover or secure patent rights,” Baravalle warned. She encouraged careful partnerships and the use of institutional support. “The university has a phenomenal technology transfer office. They will help you protect your innovation and connect you to funding partners.”
In a rapidly evolving sports landscape, the message is clear. Innovation will continue. The difference lies in how well it is protected, positioned, and shared.