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.
Thank You Sir,
ReplyDeleteThis information is really helpful for me. This is the main thing required to my blog. I hope you will share and teach us more in future with this type of information.
health tips