Monday 25 September 2017

New sports vistas and sports law

Mr. Shivam Singh
(Sports law and Dispute resolution counsel)
Alternate dispute resolution and sports

The disputes which arise in the field of sports are mainly classified into three categories: 1) a. Anti-Doping         
                         b. Tax Issues
                     2) Contract Disputes – Broadcasting, telecasting etc.
                     3) Between stakeholders. For example, Dispute between Zahir Khan  
                          and his managing committee.
Ø Difference between American football (NFL) and rugby

          American Football                                                                Rugby
1.     Forward pass allowed only.                                         1. Backward pass only.
2.     Players wear protective gear.                                      2. No protective gear.
NFL, being contact intensive sport, leaves players with significant brain damage and several concussions.
Settlement between NFL and player’s association involved over 600 billion US dollars.
*interim relief
# Mediation- Going to neutral person by consent judicial process and that neutral                   
                         person resolves the case.
# Arbitration- In Arbitration, the word of the arbitrary is final and in mediation, the person is just helping two parties arrive at a decision and their word isn’t final.
There are two types of arbitration, 1. Institutional Arbitration
                                                               2. Ad hoc Arbitration

* On 23rd October 2015, the amendment in Indian Arbitration and Reconciliation Act.
-> Disadvantage of arbitration is Unpredictability.
# Case Dyuti Chand (Sprinter) had chemical, hormonal imbalance. Her body’s endocrine system produced higher hormones, which was higher as compared to fellow athletes.
She suffered with Hyperandrogenism. The judgment suspended the effects of hyperandrogenism, saying to produce scientific proofs that it provides competitive advantage to the athlete.
# Oscar Pistorius (Blade Runner), he not was able to run faster than his fellow Para athletes but also ran faster than fully abled athletes and compete with them. He eventually started competing against fully abled athletes.                                                            The lawyers said that the carbon fiber blade gave him more spring in each step.
Oscar, eventually won the case solely on one proof, he said that if he has advantage, he has it on the straight lane. However he has more disadvantage on the curved lane, leading to the net negative. And if he still is able to meet the qualification standards then there shouldn’t be any problem.




Mr. Vikrant Narayan Vasudev
(Advocate on-record, Supreme Court of India)
Intellectual Property Rights in Sports

-> Characters of Intellectual property rights :
1. Ubiquitous
2. Incentives and rewards
3. Renewable resources
4. Capitalism
5. Monopoly
6. Territorial
7. Statutory

Intellectual Property Rights are divided into 3 categories:
1.  a) Industrial property
     b) Patent
     c) Trademark
     d) Designs
     e) Integrated Cicuits
     f ) Trade secrets
2. Copyrights
3. Other I.P. > a) Traditional Knowledge
                          b) Plant Variety
# Ambush Marketing


Mr. Robbin Nirwani
(Sports management at Bhaichung Bhutia Football Academies)
Emergence of professional sports academies: legal aspects

Challenges often faced by sports academies: 1. Infrastructure
                                                                                 2. Technical know-how
                                                                                                       3. Age cheating
                                                                                 4. Unfavorable Govt. policies
                                                                                 5. Reach limited to Cities
                                                                                 6. Perception of sports as                                                                                  
                                                                                      investment tool
-> Less no. of residential clubs in India
-> Academies are increasingly marketing their services and enhancing their brand       value through local connect
Ties – ups of international sports organizations with Indian sports organizations 

# Biggest reason which academies faces, everlasting land shortage crises.

1 comment:

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