Baku 2015 1 st European Games : - PowerPoint PPT Presentation

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Baku 2015 1 st European Games : PowerPoint Presentation
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  1. Baku 20151st European Games:

    Legal Framework Gumru Mehdiyeva 30 April 2014 BHM BAKU LAW CENTRE
  2. Content 1. Introduction 2. Basic Understanding of Baku 2015 1stEuropean Games 3. Legal and Institutional Aspects of the 1st European Games – Legal challenges and proposed solutions: a) Legal Protection of the Baku 2015 Logo, Marketing and Advertising Restrictions, Ambush Marketing/Protection of Sponsorship Rights b) The raised issues under the Host City Contract (HCC) Visas and immigration c) Doping Control at Baku 2015 4. Other Legal Issues: Employment Law – involvement of Volunteers in Baku 2015; Sale of Tickets; Construction Contracts and Compliance with Environmental Laws; Dispute resolution: Litigation/Arbitration. 5. Conclusion 2
  3. Baku 2015 1st European Games European Olympic Committees (EOC) – regional association the General Assembly of the European Olympic Committees 9 December 2012 in Rome, Italy Host City – Baku, Azerbaijan.
  4. Baku 2015 Opening Ceremony – Friday, 12 June, 2015 Closing Ceremony – Sunday, 28 June, 2015 Number of competitors – over 6,000 athletes 4
  5. SportProgramme – 19 sports 5
  6. Sport Programme – 19 sports Aquatics Archery Athletics Badminton Basketball 3x3 Beach Soccer Boxing Canoe Sprint Cycling Fencing Gymnastics Judo Karate Shooting Table Tennis Taekwondo Triathlon Volleyball Wrestling 6
  7. Legal and Institutional Aspects of the 1st European Games: Legal challenges and proposed solutions. Legal Protection of the Baku 2015 Logo The Law of the Azerbaijan Republic on Trademarks and Geographical Indications” (1998) Paris Convention for the Protection of Industrial Property (1883) 7
  8. Legal Protection of the Baku 2015 Logo Sanctions: Civil liability – damages and injunction Administrative liability – penalty up to 170 AZN Criminal liability –penalty up to 5000 AZN or correctional works up to 2 years or imprisonment up to 3 years 8
  9. Marketing and Advertising restrictions Sanctions: Civil liability – damages and injunction Administrative liability – penalty up to 200 AZN Criminal liability – penalty up to 5000 AZN or correctional works up to 2 years or imprisonment up to 2 years Relevant state authority: State Service for Antimonopoly Policy and Protection of Consumer Rights injunctive measures financial sanctions restitutionary measures 9
  10. Ambush Marketing, Protection of Sponsorship Rights 10
  11. Definition “...any attempt by an individual or an entity to create an unauthorised or false association (whether or not commercial) with the Olympic Games, the Olympic Movement, the IOC, the National Olympic Committee of the Host Country or the Organising Committee of Olympic Games (“OCOG”) thereby interfering with the legitimate contractual rights of official marketing partners of the Olympic Games.”(IOC’s definition of ambush marketing) 11
  12. Legal situation LONDON 2012: The Olympic Symbols (Protection) Act 1995 (OSPA) The London Olympic Games and Paralympic Games Act 2006 (2006 Act) BAKU 2015: Protected in the administrative level No provisions against ambush Marketing 12
  13. The raised issues under the Host City Contract: Visa Issues Free access to Azerbaijan on the basis of a passport (or equivalent document) Temporary Visas on arrival at airport or at the border check points. No Work Permit in the country for holder of Accreditation Card 13
  14. Doping Control at Baku 2015 The World Anti-Doping Agency (WADA) The World Anti-Doping Code (revised version will come into force in 2015) Conventions The Council of Europe’s Anti-Doping Convention (1989) Additional Protocol to the Anti-doping Convention (2002) International Convention against Doping in Sport (2005) 14
  15. Doping Control at Baku 2015 No doping control laboratory in Azerbaijan National Coordination Body- Azerbaijan Anti-Doping Organisation Sanctions World Anti-Doping Code Regulation on Conducting Doping Controls in Sports in the Republic of Azerbaijan 15
  16. Other legal issues Employment Law , Involvement of Volunteers in Baku 2015 Local Employees - the Labour Code of the Republic of Azerbaijan. Relevant Institutions: The Ministry of Labour and Social Protection of Population The State Social Protection Fund International Employees/Contractors -Contractual terms 16
  17. Involvement of volunteers The Law of the Republic of Azerbaijan on Voluntary Activities Definition: A socially useful and non-profit activity for provision of works and services not prohibited by the legislation of the Republic of Azerbaijan. Areas of volunteering – development of sports 17
  18. Sale of Tickets: Reserved seats: EOC/NOCs, commercial partners and sponsors Retail sales: the official baku2015 website Venue box offices 18
  19. Construction Contracts and Compliance with Environmental Laws FIDIC Contracts City-building and Construction Code Government and HSE standards 19
  20. Dispute Resolution: Litigation/Arbitration Litigation (courts of Azerbaijan Republic) International Arbitration 20
  21. Conclusion 1. Common features with the Olympic Games It is a multi-sport event; Games Mascots Abides by the rules of the Olympic Charter Torch relay 2. Distinctive features from the Olympic Games Regional (continental) multi-sport event Not organized by the International Olympic Committee Qualification for EU competitors to Rio 2016 21
  22. BEGOC Legal TeamBHM Baku Law Centre Over 13 years of successful legal practice Largest local law firm in Azerbaijan capable of providing with required workforce One of the leading law firms in Azerbaijan Local expertise International experience Cooperation with foreign law firms
  23. Partner Firms
  24. THANK YOU FOR ATTENTION! 24