Olympic Games and Intellectual Property: The Value of Distinctive Signs

Olympic Games and Intellectual Property: The Value of Distinctive Signs

Every four years, the Olympic Games capture the attention of millions of spectators worldwide. Yet behind the medals and competitions lies another equally strategic arena: the protection of trademarks and intellectual property.

The International Olympic Committee (IOC) rigorously protects and regulates the intellectual property associated with the Games, collectively referred to as “Olympic and Paralympic Property”.

The most widely recognized Olympic asset is the Five Rings, the only symbol in the world protected by an international treaty. However, the concept of Olympic (and Paralympic) Property is far broader and more articulated. Indeed, it encompasses every emblem, symbol, trademark, logo, mascot, motto, anthem, or denomination, as well as copyright-protected works, designs, patents, confidential information, and any other element functional to the organization of the Olympic and Paralympic Games.

Among these are:

• The Olympic emblem (the Five Olympic Rings) and the Paralympic emblem (the Agitos);
• The official trademarks of the Milano Cortina 2026 Winter Olympics;
• The symbols, pictograms, mascots, and the visual identity of the Games (the so-called “Look of the Games”);
• The official Olympic and Paralympic expressions and designations, including “Olimpico”, “Olimpiade”, “Giochi Olimpici e Paralimpici”, “Olimpiade di Milano Cortina 2026”, “Olimpiade Di Milano Cortina”, “Milano Cortina 2026”, “Milano Cortina”, “Giochi Olimpici E Paralimpici Invernali”, “Giochi Del 2026”, “Giochi Di Milano Cortina 2026”, “Giochi Di Milano Cortina”, “I XXV Giochi Olimpici Invernali” and equivalent expressions in any language;
• The Olympic motto “Altius, Citius, Fortius – Communiter” and the Paralympic motto “Spirit in Motion” including all their translations in any language;
• The Olympic creed “The most important thing in the Olympic Games is not to win but to take part, just as the most important thing in life is not the triumph but the struggle” and the Paralympic creed “To enable Paralympic athletes to achieve sporting excellence and to inspire and excite the world”, including all their translations in any language;
• The Olympic and Paralympic flag, torch, flame, and medals.

These assets are complemented by images and audiovisual materials, publications, and any other materials relating to the Milano Cortina 2026 Winter Games as well as archival materials from past editions of the Games, any design, patent, trade secret instrumental to the organization of the Games, and official merchandising.

The Legal Framework Protecting Olympic and Paralympic Property

A multi-layered system of international, European, and national provisions ensures robust protection.

1. The Nairobi Treaty (1981)

The Nairobi Treaty of 26 September 1981 on the Protection of the Olympic Symbol provides that the Olympic symbol may not be registered as a trademark or other distinctive business sign, in any class of goods or services, without the express written authorization of the IOC.

2. Italian Civil Code

Unauthorized reproduction of Olympic or Paralympic Property may constitute unfair competition, particularly where it involves:

• The use of names or distinctive signs likely to create confusion with those legitimately used by others;
• Slavish imitation;
• Misappropriation of reputation.

3. Copyright Law

Where the legal requirements are met, creative elements related to the Games may qualify as protected works under copyright law. Their unauthorized reproduction may therefore amount to copyright infringement.

4. Italian Industrial Property Code

In addition to general provisions preventing the registration of identical or similar trademarks or designs, Article 8(3) of the Italian Industrial Property Code expressly reserves the registration and use as trademarks of well-known signs used in the sporting field — including distinctive signs identifying the Games — to the organizers of the Olympic and Paralympic Games, or subjects such use to their consent.

The same rule applies to:

• Images reproducing trophies (including Olympic and Paralympic medals);
• Names and acronyms of sporting events (including Olympic and Paralympic events);
• Their characteristic emblems.

Special Legislation for Milano Cortina 2026

Furthermore, in the territories affected by the Games, special regulations and guidelines are in place, which precisely establish the limits within which businesses and third parties may use certain signs or references.

Under host city contractual commitments imposed by the IOC, the host city — and through it, the host State — must adopt ad hoc legislation strengthening existing IP protection, particularly to combat ambush marketing (i.e., benefiting from an undue association with the Games to gain a commercial advantage), unauthorized ticket sales, marketing rights infringement, and counterfeiting, in order to preserve the value of the event.

In Italy, this obligation led to the adoption of Law Decree No. 16 of 11 March 2020 (converted into Law No. 31 of 8 May 2020), entitled “Urgent provisions for the organization and staging of the Milano Cortina 2026 Winter Olympic and Paralympic Games and the ATP Finals Turin 2021–2025, as well as provisions prohibiting parasitic activities.”.

This decree:

• Reinforces ordinary industrial and intellectual property protections;
• Reserves the use of Olympic Property exclusively to authorized entities;
• Expressly prohibits the registration as trademarks — in any class and in any language — of terms or references that directly evoke the Olympic symbol, the Games, or related events where such elements may objectively suggest a connection with the organization or staging of the Games (e.g., “Olimpico”, “Olimpiade” and “Milano Cortina 2026” and equivalent expressions);
• Introduces a specific prohibition against parasitic, misleading, deceptive, or fraudulent promotional and commercial practices (ambush marketing), and provides specific penalties and measures to punish such unfair conduct;
• Establishes administrative fines ranging from €100,000 to €2.5 million, unless the conduct constitutes a criminal offense or a more serious administrative violation;
• Provides for seizure or descriptive measures by the Italian Financial Police during the Games in relation to infringing goods or materials.

Awareness and Enforcement Initiatives

The Fondazione Milano Cortina 2026, in cooperation with the IOC and INDICAM (an Italian association that brings together trademark owners with the aim of combating counterfeiting and protecting intellectual property), has also promoted awareness campaigns through dedicated international conferences aimed at preventing unauthorized use of distinctive signs.

On 24 October 2025, the event “IP Protection in the context of Milano Cortina 2026” underscored the strategic importance of intellectual property in the sports sector, with particular emphasis on major international events such as the Olympic Games. As highlighted by the organizers, effective IP protection constitutes a fundamental safeguard against ambush marketing, counterfeiting, and unauthorized use of distinctive signs, while protecting the rights of consumers, official sponsors, athletes, and institutions.

In conclusion, while the Olympic Games celebrate sporting excellence, they equally demonstrate that every victory rests on a solid IP defensive strategy.

In the arena of intellectual property, preparedness is the ultimate competitive advantage, and our attorneys, with their extensive and solid experience, can be of help in this sense.