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2010: Taking the game by the horn!

Spoor & Fisher candidate attorney Trod Lehong discusses the intellectual property implications of the FIFA World Cup (Camerwork: Darlene Creamer and Shane Williams; Editing: Darlene Creamer)

8th March 2010

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On 11 June 2010 the FIFA World Cup kicks off in South Africa. When the first soccer ball was kicked some 2 310 years ago, who would have thought that South Africans would one day host the most popular sporting event ever?

The World Cup brings jobs, cutting-edge technology, massive trademark and merchandising deals, and billion-dollar revenues from broadcasting rights. And intellectual property (IP) proves to be a top scorer both on and off the pitch.

On the pitch, though, what influence has IP had on soccer?

It is said that the Chinese played the first ever soccer match called T'su Chu in the third century BC. The game was played with a leather ball that had been stuffed with feathers. In later times the ball was filled with air so it travelled further. T'su Chu was initially a royal sport played to entertain the emperors, who occasionally played. T'su Chu was not that different to the game as we know it today, as the opposing teams tried to kick the ball through a tiny hole in a silken net.

The first inflated balls were invented in the 1500s. In 1844, Charles Goodyear was granted US Patent 3633 for a method for vulcanising rubber for making a soccer ball. In 1886, GB patent 1866-4359 was granted for a rubber soccer ball which consisted of a very thin inner rubber ball which served as bladder, and a stronger outer rubber case. Then in 1886 and 1887 patents were granted for the valve and air pump. Perhaps the most significant innovation was the Adidas Teamgeist football used at the 2006 World Cup. Adidas claimed the Golden Ball was the roundest ball ever made.

The first ever soccer boots are said to have been invented in 1526. These were heavy shin height boots worn mostly by wealthy gentlemen who could afford a pair. In the 1800s, the earlier, heavier boots were replaced by lightweight boots. Studs were introduced in 1891, but it was the Dassler brothers who introduced interchangeable studs to give wearers the opportunity to adapt to different playing conditions and surfaces. The 1960s and 1970s brought international superstars like Pele, George Best and Eusebio - so soccer boots evolved to accommodate the increasing pace and skill. Players began wearing a particular brand of boots designed to accommodate hard, firm or soft surfaces. These were typically made of kangaroo skin. In 1994, Adidas released the Predator, which revolutionised the way soccer boots were made. The boots were made from polymer extrusions and bladed strands provided an increase in swerve and power.

Soccer kit evolved in the same manner. In the 1800s soccer was a game for the wealthy and kit was only worn by those who could afford to purchase suitable shirts in their club's colours. With the introduction of soccer associations in the mid 1800s, it became standard to wear kit. The soccer jersey in the 19th century was long-sleeved and of heavier material than jerseys of today. It was common for players to wear caps, long "nickerbockers" instead of shorts, which covered the knees, and long socks. The most rapid changes took place after World War II when synthetic materials such as acrylic became widely available.

As the game evolved, the equipment used also changed with the invention of shin pads by Sam Weller Widdowson in 1874. His use of cut-down cricket pads outside of his stockings evolved into smaller pads worn inside the socks.

Other significant introductions include the whistle, originally intended for police use. The whistle was invented by Great Britain's John Hudson, who was responsible for designing many of the whistles used by both police and referees, who got a lot more attention than when they waved white hankies to call a foul. A toolmaker, Joseph Hudson, invented the ball whistle in the late 1960s, and the ball-free brass whistle described Patent specification GB 1885-435 in the late 1870s.

Although soccer can be played on almost any surface, the condition of the pitch is particularly important. In 1881, British inventor Ralph Leather Rylance was granted GB patent 1881-7 for an artificial pitch surface. His invention consisted of a concrete, asphalt or wooden plank foundation with a rubber layer applied on top. Modern artificial surfaces aim to simulate a natural grass pitch. In 1930, rubber was used for this purpose but it was a fibrous material to simulate grass blades (US 1 939 846 A). In 1965, the Monsanto company applied for a patent in Germany for its multi-layer artificial turf (DE-OS 15 78 824). Although artificial pitches are known in many applications, most soccer matches are still played on grass pitches and efforts have been made to provide good playing pitches for various conditions. For example, WO 2007/118662 proposes a process and device to accelerate growth of lawn in poor light conditions.

There are also numerous patent applications on technical developments: for example, the training equipment such as the pendulum header unit, the goal board, a target practice board, medical equipment and diagnostics (lactate tests, doping tests), the stadium construction or the camera and transmission systems.

Since the first official World Cup in 1930, the game of soccer has grown in popularity to surpass even the Olympic games. Worth noting is that the first ever World Cup match is documented to have taken place in 50 BC between the Japanese Kemari experts and Chinese T'su Chu masters.

Perhaps after the 2010 World Cup, South Africans will be credited with introducing yet another innovation to the game in the vuvuzela.

Written by: Trod Lehong, Candidate Attorney, Spoor & Fisher

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