Transcript Baku 2015 Venues

Baku 2015
st
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European Games:
Legal Framework
Gumru Mehdiyeva
30 April 2014
BHM BAKU LAW CENTRE
Content
1. Introduction
2. Basic Understanding of Baku 2015 1st European 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
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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.
Baku 2015
Opening Ceremony – Friday, 12 June, 2015
Closing Ceremony – Sunday, 28 June, 2015
Number of competitors – over 6,000 athletes
Coordination
Committee
Organising
Committee
Operation
Committee
• EOC President, Mr. Patrick Hickey
•the President of the Republic of Azerbaijan, Mr. Ilham Aliyev
•Chair – First Lady, Mrs. Mehriban Aliyeva
• Mr. Azad Rahimov, Minister of Youth and Sport
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Sport Programme – 19 sports
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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
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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)
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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
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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
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Ambush Marketing,
Protection of Sponsorship Rights
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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)
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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
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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
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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)
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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
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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
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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
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Sale of Tickets:
Reserved seats: EOC/NOCs, commercial partners and sponsors
Retail sales: the official baku2015 website
Venue box offices
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Construction Contracts and
Compliance with Environmental Laws
FIDIC Contracts
City-building and Construction Code
Government and HSE standards
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Dispute Resolution: Litigation/Arbitration
Litigation (courts of Azerbaijan Republic)
International Arbitration
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Conclusion
1. Common features with the Olympic Games
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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
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BEGOC Legal Team
BHM 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
Partner Firms
THANK YOU FOR ATTENTION!
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