Discussing the Feasibility of Patenting Sports Moves in India

~ Aarushi Mehta

Sports have been played and practiced since ancient times, comprising of numerous forms and games, utilizing a combination of set rules of the game along with the abilities of the players, to make it an engaging activities for all participating players, spectator, and the involved nations themselves. The factors of innovation and skill required in sports are the drivers behind the idea and concept of providing protection to sports moves under Intellectual Property. The unique physical expressions of the player can be taken as an invention or even a form of art, exclusive to the player and his capabilities. It has therefore been contemplated to afford legal protection to the creator of these expressions under the law, to preserve their uniqueness and also safeguard the rights of the creator.

‘Bull’ in a China Shop: Rethinking FIA’s Approach in the Abu Dhabi GP – II

~Santosh Srinivasan

In part I of this article, the author described the facts and circumstances that revolved around the controversial final few laps of the championship-deciding 2021 Formula One Abu Dhabi Grand Prix. He discussed the primary concerns regarding the Race Director’s decision to end the safety car and only let select lapped cars through, alongside the subsequent protest lodged by Mercedes and the incoherent interpretation of the Regulations by the FIA while dismissing the aforementioned protest.

In this part, the author will discuss concerns with the interpretation of Art. 15.3, giving the RD overriding powers, alongside pertinent concerns with the governance structures of the FIA and a court’s jurisdiction, or lack thereof, to overturn sporting decisions following the field of play doctrine.

‘Bull’ in a China Shop: Rethinking FIA’s Approach in the Abu Dhabi GP – I

~Santosh Srinivasan

As one of the lowest points in Formula One (‘F1’) and, arguably, sporting history, the Race Director’s (‘RD’) decision to, under the Safety Car, let only those lapped cars through which were between the race leaders during the season finale of the 2021 F1 Championship in Abu Dhabi has caused significant outrage in many circles, both within and beyond F1. The 2021 season was riddled with the misapplication of sporting regulations, often blurring the line between “hard racing” and misconduct on track, the unnecessarily common use of red flags; and general mismanagement. Ironically, the exciting 2021 season’s climax, which fittingly went down to the ultimate lap of the finale, coincided with F1’s most controversial moment in recent history. This two-part blog seeks to highlight the circumstances around that controversy, RD’s indecisiveness, the decision of the stewards following Mercedes’ protests and address concerns regarding FIA’s governance and legal framework.

Diplomacy and Protest: The Myth of Political Neutrality on the Sports Field

~ Arya Kant & Shailja Beria

The concept of sports diplomacy argues that sports being a universal phenomenon and a stage for communication amongst national and international cultures, cannot dissociate itself from international relations.[i]  It is the phenomenon of sports being used as a political tool, comprising of the whole range of international contacts and competitions that have implications for the overall relations between nations participating. The same can be associated with positive aspects like promotion of women’s empowerment[ii], intercultural understanding[iii], non-violence education[iv] or rebuilding ties amongst nations[v]. However, it largely remains known for its misuse by politicians intending to promote propaganda. The article talks about the inseparability of sports and politics, analysing instances from the Euros and the Olympics and regulations of various international sports associations and their stand on politics in sport. It rebuts UEFA’s recent statements, arguing that statements like Pride, the Black Lives Matter movement, and gender parity embody the non-discriminatory stance of these organisations.

Naomi Osaka: Analysis of the Roland Garros incident in the light of Anti-Discrimination Laws and Precedents

~ Medha Biswas

Introduction

In a highly admirable yet controversial move by Naomi Osaka, her refusal to attend a press conference in the aftermath of her win against Patricia Maria Tig in the Roland Garros Tournament citing mental health reasons has sparked conversations on sports and its inherently negative attitude concerning disability.^[i] Osaka was fined 15,000 USD and was subjugated to subsequent threats of disqualification from the major tournament leagues for apparently “dishonouring media obligations” according to the rule book the French Open shares with other Grand Slam bodies.^[ii] Ironically, the rule allows the players to skip their post-match media obligations if they have suffered a physical injury but makes no such allowances for those suffering from mental health issues.

Naomi Osaka currently ranks No. 2 in female Tennis rankings, is a four-time Grand Slam Title winner and is the highest earning female sportsperson.^[iii] She recently put out a statement on Twitter stating that she would be withdrawing from the French Open. Additionally, she was also on the receiving end of the collective joint statement issued against her by the heads of the four Grand Slam, serving as a caveat for her obstinate refusal to take part in her media duties.^[iv] The four signatories to the statement reiterated and stood firm in their stance of possibly disqualifying her from all the major tournaments and even threatened to label her refusal as a “Major Offence” category.

Overhaul of UEFA’s Financial Fair Play Regime amidst a Tragic Era for European Football

~ Aakash Batra

In the wake of the worldwide coronavirus crisis, the prevailing tragic scenario in European football was further worsened at the hands of the European Super League[1] (‘ESL’) turmoil, wherein the twelve leading clubs of the continent had announced to establish a new competition to rival the Champions League. The ESL was anticipated to be governed by the ‘founding clubs’ and the football community all over the world went haywire, with a huge majority condemning the idea behind the ESL- fortunately, the ESL lost the colossal power gamble and the breakaway rebel clubs finally surrendered. While normal business seems to have peacefully resumed subsequent to this development, the core issue of achieving a sustainable footballing culture in Europe still needs to be considered seriously.

European Super League & The Swiss Model From A Competition Law Perspective: Should UEFA Be Worried?

~ Anshul Ramesh

The article delves into the competition law aspects (under Articles 101 and 102 of TFEU) of FIFA & UEFA’s decision to not recognize the proposed European Super League and to impose sanctions on clubs and players. After concluding that there is merit to the theory that this decision could fall foul of EU competition law, the author examines the proposed ‘Swiss Model’ reform to the existing UEFA Champions League format, and answers if it the solution to the threats of the European Super League.

Pandemic Football: How Football has failed against Covid-19

~ Arya Kant

Introduction

Many people claim that European football lost its fight against the pandemic even before it started. While the first cases of the virus in Europe were reported in early February, the Champions League and the domestic football leagues continued till mid-week March, when governments initiated their lockdowns. While most sports competitions in the world were shut, European football continued even when entire clubs had already been quarantined, a club playing four matches on an average in that last one month in their jam-packed stadiums.

The effects caused by the pandemic impacted the most diverse areas of society, including sport. What followed that second week of March was two to three months of absolute lockdown for all sports leagues. During this lockdown, football lost an estimated $11 Billion as per FIFA[i], $4.5 Billion out of which were the cumulative losses suffered by the top 5 European leagues alone.[ii] While most top-tier clubs, through their deep financial backings and commercial revenues sustained through these losses, low division clubs and those in minor leagues, whose primary revenues were ticket sales, still seem to be barely making it through.

Financial Fair Play in the Context of European Football: An Analysis

~Milind Sharma & Sarang Sharma

Introduction

Professional sport has undergone a revolution with the advent of commercialization and big money enterprises. Football is one of the most popular sports in the world, and European football especially is increasing its outreach to newer fans year after year. This massive influx of money has resulted in equating professional sporting clubs to ‘commercial entities’.  As a result, many scholars have argued that professional clubs should be held to the same competition laws or anti-trust laws as commercial entities to promote fair competition among clubs.

Sports Broadcasting Rights in India

~ Sushil Joon

Introduction

Sports is synonymous with cricket in India. Whenever we discuss games, cricket gets a special mention in that list. Although, with time, various other sports have started gaining coverage and popularity among people, cricket still dominates the Indian sports industry. In the 21^st century, the sports industry has seen a dynamic change in the broadcasting and live coverage of sports, primarily due to the introduction of colour televisions and the internet.

The live coverage and broadcast of sports events have given rise to a new dimension of broadcasting rights in the sports industry. The television and various other media organisations spend huge money to obtain the exclusive rights to broadcast sporting events. The sale of these broadcasting rights provides huge revenue to sports organisations such as the BCCI and the Hockey Federation of India. Thus, broadcasting rights of sports events have become an established commercial practice which enhances the value of sports events[i]. In that light, it is pertinent to safeguard investors’ broadcasting rights to help the industry grow and keep the competition fair.