Baku 2015 1st European Games:

BHM BAKU LAW CENTRE

Gumru Mehdiyeva

30 April 2014

Legal Framework

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Content 1. Introduction 2. Basic Understanding of Baku 2015 1st European Games3. 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 Rightsb) 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

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

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Coordination Committee

• EOC President, Mr. Patrick Hickey

Organising Committee

•the President of the Republic of Azerbaijan, Mr. Ilham Aliyev•Chair – First Lady, Mrs. Mehriban Aliyeva

Operation Committee

• Mr. Azad Rahimov, Minister of Youth and Sport

Opening Ceremony – Friday, 12 June, 2015

Closing Ceremony – Sunday, 28 June, 2015

Number of competitors – over 6,000 athletes

Sport Programme – 19 sports

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Sport Programme – 19 sports

AquaticsArcheryAthletics

BadmintonBasketball 3x3

Beach SoccerBoxing

Canoe SprintCyclingFencing

GymnasticsJudo

Karate Shooting

Table Tennis

TaekwondoTriathlonVolleyballWrestling

Legal and Institutional Aspects of the 1st European Games: Legal challenges and proposed solutions.Legal Protection of the Baku 2015 Logo

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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

Marketing and Advertising restrictions

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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

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)

Legal situation

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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)

ConventionsThe 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

Other legal issues Employment Law , Involvement of

Volunteers in Baku 2015

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• 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

Sale of Tickets:

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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 ContractsCity-building and Construction CodeGovernment and HSE standards

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Dispute Resolution: Litigation/ArbitrationLitigation (courts of Azerbaijan Republic)

International Arbitration

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

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

Partner Firms

THANK YOU FOR ATTENTION!

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