Baku st European Games: BHM BAKU LAW CENTRE Gumru Mehdiyeva 30 April 2014 Legal Framework

2 Content 1. Introduction 2. Basic Understanding of Baku st European Games 3. Legal and Institutional Aspects of the 1 st 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 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 st 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 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 5

6 Aquatics Archery Athletics Badminton Basketball 3x3 Beach Soccer Boxing Canoe Sprint Cycling Fencing Gymnastics Judo Karate Shooting Table Tennis Taekwondo Triathlon Volleyball Wrestling

Legal and Institutional Aspects of the 1 st European Games: Legal challenges and proposed solutions. Legal Protection of the Baku 2015 Logo 7 The Law of the Azerbaijan Republic on Trademarks and Geographical Indications” (1998) Paris Convention for the Protection of Industrial Property (1883)

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

Marketing and Advertising restrictions 9 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 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)

Legal situation 12 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

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

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)

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

Other legal issues Employment Law, Involvement of Volunteers in Baku 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

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

Sale of Tickets: 18 Reserved seats: EOC/NOCs, commercial partners and sponsors Retail sales: the official baku2015 website Venue box offices

19 Construction Contracts and Compliance with Environmental Laws FIDIC Contracts City-building and Construction Code Government and HSE standards

20 Dispute Resolution: Litigation/Arbitration Litigation (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

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