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World Sports Advocate

Volume: 6 Issue: 6
(June 2008)


News

The European team sport federations have called on the French presidency of the Council of the European Union to 'recognise the specificity of sport within a clear legal framework',and will present a document containing this request to an informal meeting of the Ministers of European Affairs in Brest, on 12 July. / read more

Dwain Chambers will launch an appeal in the High Court to try to overturn a lifetime ban from participating in the Olympics imposed on him by the British Olympic Association (BOA) under its anti-doping bye-law. The BOA has said that it will "vigorously" defend its byelaw. / read more

The World Anti-Doping Agency (WADA) has changed its International Standard for the Protection of Privacy following consultation, and is inviting comments on its second draft - the International Standard for the Protection of Privacy and Data Protection - until 14 July. / read more


Features

The European Commission has allowed free-to-air broadcasting of two major football tournaments. Daniel Geey and Joseph Ward, of Field Fisher Waterhouse LLP, examine UEFA & FIFA's challenge to this decision. / read more

The European Court of Justice has supported Adidas' right to protect its 'three-stripe' trademark against other traders using variants on its design, including the use of two-stripes. Tamara Quinn, a Partner with Berwin Leighton Paisner LLP, examines the ECJ's ruling and its implications, as well as next steps. / read more

The Court of Arbitration for Sport's decision in the Andrew Webster case clarified when compensation is payable if a party terminates a player contract without just cause within the 'protected period' ­ i.e. if he is under the age of 28. Juan de Dios Crespo Pérez, Head of the Sports Law Department at Ruiz Huerta and Crespo, assesses the central role that renewal of the player contract played in the Webster case, and examines two similar cases working their way through football's dispute resolution system - the Matuzalem and Sanctis cases. / read more

The International Rugby Board is conducting a global trial of a number of rule changes in rugby union, known as Experimental Law Variations, from 1 August. Dr. Julian Morris, an Associate with Hextalls LLP, explains how some of the changes, such as permitting collapsing of the maul, could be viewed as increasing the risk of injury and examines the implications of this. / read more

UEFA's decision to cite the tax regime as one of its reasons for not awarding the 2010 Champions League final to the UK highlighted that the UK is one of the few countries that does not use tax concessions to attract international sporting federations seeking venues. Richard Baldwin, an independent tax consultant and Chair of the Community Amateur Sports Club Development Forum, highlights how tax would apply to an event hosted in the UK, and examines the approach of other countries. / read more

Nike International recently won an appeal against a Spanish Patents and Trademarks Office decision not to register a logo as a trademark. Jesús Carrasco, a Senior Associate with Hammonds' Madrid office, analyses the High Court's judgment. / read more

The UK's Court of Appeal has upheld a decision that an individual's manoeuvre at an indoor climbing premises, which resulted in him becoming tetraplegic, amounted to contributory negligence, thereby limiting the liability of the premises. Julian Summerhayes, a Solicitor with Bond Pearce LLP discusses the case, which has implications for similar organisations. / 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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