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World Sports Advocate

Volume: 11 Issue: 10
(October 2013)


Version 4.0 of the 2015 World Anti-Doping Code, released 18 October, gives the World Anti-Doping Agency (WADA) new powers to initiate doping investigations and to investigate when problems with testing occur. “WADA will have the ability to be engaged in investigations”, WADA Director General David Howman told World Sports Law Report’s Tackling Doping in Sport webinar on 26 September. “That has been something that we have not had, to date”. / read more

France’s Ligue de Football Professionnel (LFP) has quit a government group on ‘sustainable football’ in protest against plans to require companies that pay employees more than €1 million per year to contribute 50% of that to the State. / read more

Cricket South Africa (CSA) announced an ‘incentive based transformation policy’ on 12 October, which offers cricket clubs a financial incentive to include black African players in their squad. From 16 October, all professional franchises that play one black African player for over 70% of matches will be reimbursed the average contract cost of all the qualified black players. / read more


Brazil has recently suffered widespread protests against alleged irresponsible spending on the 2014 FIFA World Cup and 2016 Rio Olympic Games. José Carlos Meirelles and Octávio Seiki Ietsugu, of local law firm Pinheiro Neto Advogados, examine how proposed regulatory changes aim to reduce the potential for corruption within Brazilian sport. / read more

Graham Arthur is Director of Legal at UK Anti-Doping where he leads doping results management. He explains how UKAD’s partnership with NHS Protect will help to catch drug cheats. / read more

The Bribery Act came into force in 2011, introducing new criminal offences for those convicted under it. Adam Berry is an Associate with Eversheds and a member of its Fraud and Investigations group, so is well placed to offer advice about what sporting organisations should implement in order to ensure that they comply with the Act. / read more

Footballer Gareth Bale recently applied to register his ‘eleven of hearts’ goal celebration ahead of his move from Tottenham to Real Madrid, where he retains the number 11 squad shirt. Gurminder S. Panesar and Victoria Stanford, of Wiggin LLP, examine when a sports star’s trademark pose becomes a trade mark, the commercial benefits that this can offer and in what situations such trade marks are enforceable. / read more

A number of recent cases have examined whether restricting a player’s access to competition constitutes ‘just cause’ for a player to terminate his contract with a club. Lausanne-based Attorney at Law, José Luis Andrade and John Mehrzad, a Barrister with Littleton Chambers, examined this issue at World Sports Law Report’s Player Contracts 20131 conference. In this article, they explain recent case law on this issue and the shortcomings of ‘sporting just cause’ as a potential regulatory solution for players facing this scenario. / read more

National anti-doping organisations are presently responsible for educating and advising athletes on anti-doping rules while also investigating and prosecuting them under the strict liability provisions of the World Anti-Doping Code. Dr. Ben Koh, Professor Mark James and Associate Professor Daryl Adair suggest an inherent conflict of interest and that these functions need separating in order to offer athletes a fair hearing. Koh is a sports medical doctor whose doctorate has focused on the WADA Code. He has spent the last ten years researching into issues of alternative medicines and inadvertent doping. Professor Mark James is a law professor at Northumbria University and is one of the UK's leading researchers in sports law with a particular expertise in the area of the interaction between the criminal justice system and sporting activities and events. Associate Prof Daryl Adair is a sports management expert at University of Technology, Sydney who is on the editorial board of the academic journals Sporting Traditions, Sport in Society, Performance Enhancement and Health, the Journal of Sport History and the Journal of Sport for Development. / 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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