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World Sports Advocate

Volume: 13 Issue: 10
(October 2015)


News

The World Anti-Doping Agency (‘WADA’), has rejected calls from the US anti-doping agency and UK anti-doping to include medication used for the treatment of hypothyroidism in the latest banned substances list released on 29 September. / read more

Michel Platini, only recently tipped as the potential success- ful bidder for the Presidency of FIFA, has joined Sepp Blatter in the investigative proceedings opened by the FIFA Ethics Committee. / read more

Four time F1 champion Red Bull is on the verge of not participating in the 2016 season as their attempts to secure an engine for their principal team and their side project, Toro Rosso, have failed repeatedly this month. Ferrari and Mercedes have reportedly refused to supply power units for the upcoming season in what is being deemed a strategic move over a potential rival. / read more


Features

During the London 2012 Olympic games, athletes raised serious concerns about the way the International Olympic Committee (‘IOC’) managed commercial marketing and restricted athletes’ possibilities to exploit their image rights in the context of the games. The #WeDemandChange campaign uncovered stringent regulations that protected official sponsors and reduced the athlete’s possibilities to capitalise on the Olympic opportunity. Alessandro Oliverio, Chair of the Sports Law Practice, and Chistopher M. Delp, Of Counsel, at OLF Law Firm, review the new guidelines from the IOC to address these concerns and pose new questions concerning potential prejudices contained within the new set of rules. / read more

Following the ‘revolutionary’ changes made to the transfer system as a consequence of the Bosman decision, FIFA agreed to install a compensation system to reward clubs for the training of players applicable to all member associations. However, implementing this system has proved, even today, quite challenging due to potential conflicts with domestic regulations. Luca Smacchia, Sports Lawyer at Studio Legale Grassani-Urbinati e Associati, examines the difficulties arising from the enforcement of training compensation in the US soccer system. / read more

Athletes are, for good or bad, at the centre of media attention. Their ‘celebrity’ status represents an opportunity for the sportsperson and for entrepreneurial enthusiasts to exploit this asset through complex, yet creative image rights structures that often benefit from differing jurisdictional approaches. Lately, image rights have been part of interesting judicial cases, which have helped clarify key aspects of their content and extension. In particular, courts have recently considered the interaction between the right to privacy, the right of publicity and image rights, on one side, and free speech and freedom of the press on the other. In this second instalment of a two part article, Luca Ferrari and Stella Riberti of Withers LLP highlight jurisdictional developments in the US and UK to help identify a balance between such fundamental rights. / read more

The International Federation of Football Players (‘FIFPro’) recently lodged a competition law complaint with the European Commission challenging the current international player transfer system. FIFPro claims that the transfer market harms its members' rights to move between clubs alleging that it sets forth an unjust system that helps the bigger clubs stockpile players. FIFPro suggests abolishing transfer fees and replacing them with a collective bargaining system. The players union claims the global transfer market system governed by FIFA regulations is anti-competitive, unjustified and illegal. Martin Stopper and Simon Karlin of Lentze Stopper Rechtsanwälte, explain the status quo of the current system, the objectives and underlying arguments of FIFPro’s complaint and provide legal analysis of the complaint while critically evaluating the potential outcome and the future of the international transfer system. / read more

Technology in sport is understood to be a resource to improve personal performance, competitive results, achieve ultimate goals and success in elite competition. Nonetheless, it may also represent a valuable source of income for athletes through endorsement agreements. Swimming, in particular, is a sport in which the balance between performance and commercial objectives may be most visible. Sergey Yurlov, Lawyer, Sports Law Researcher and graduate of Moscow State University’s Law Faculty explains the conditions imposed by the Russian Swimming Federation on elite swimmers, the effect on the financial standing of athletes and suggests this practice may be in serious conflict with Russian federal regulations. / read more


About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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