KhelAdhikar

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Tag Archive for ‘sports law’

A take on India’s emerging competition law jurisprudence:Deciphering India’s leading sports law cases (Part 2)

“Competition is the spice of sports, but if you make spice the whole meal, you will be sick” – George Leonard
The above quote is an apt description of the relation of sports with both on filed competitiveness and competition law. Part 1 of this article explored the unique conceptual cross-roads of the application of competition law principles in sports. In this article Rishika Mendiratta elaborates upon the interpretation and application of these principles in various Indian sports legal issues. The article also deliberates on the possible ways and means of balancing the various competing interests in sports governance and administration.

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Demarcating a fine competitive balance: Exploring the monopolistic rationale of sports governing bodies in India (Part 1)

The business of sports is the ultimate competition. It is 7 x 24 x 365 x forever.

Competition law and sports have always found themselves at interesting cross-roads. Starting from the landmark judgments in the Surinder Singh Barmi and Hockey India case to the recent Competition Commission of India orders pertaining to the All India Chess Federation and Athletic Federation, the competition law jurisprudence of sports in India has taken an interesting turn. Considering the importance of this issue, Rishika Mendiratta has given a detailed yet lucid analysis of competition law principles in sports administration.

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Can Sports Moves be Patented under the Indian Patents Act ?

By Abhay Singh (student of OP Jindal Global Law School) and Sakshi Pawar (co-founder and Managing Editor at KhelAdhikar)

“Inventions Change the World, Not Patents” ― Kalyan C. Kankanala

Our Guest Contributor Abhay Singh and Managing Editor Sakshi Pawar contemplate the possibility of patenting sports moves in India. The granting of a patent to any inventive step is contentious because it drives competitors away and competition is the very essence of any riveting gameplay. However, there are rarely unique sports moves created that change the effectiveness of the play, such that it seems unreasonable to deny incentives to those who do. Battling the contentions for and against patenting of sports moves, this article shines a light on the less emphasized but much needed sports IPR debate in India.

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The need to ban Animal Sports: Bullfights in Spain and Brazil (Part II)

Sakshi Pawar (Co-founder and Managing Editor at KhelAdhikar)

“The time will come when men such as I, will look upon the murder of animals as they now look upon the murder of men.” – Leonardo Da Vinci

In the previous post it was explained why despite several state enactments, bull racing events were unconstitutional and illegal in India. This article by Sakshi Pawar (Part II of the series discussing a ban on all animal sports) touches upon bull racing/bullfighting events that occur all around the world, especially in Spain and Brazil. The reasons for choosing Spain and Brazil as comparative case studies is that both situations involve a conflict between culture and prevention of animal cruelty as well as the question of state autonomy clashing with the central legislature. These aspects are similar to the questions of legality raised regarding bull racing in India (AWBI v. A Nagaraja case).

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The commercial handshake: Exploring the pervasiveness of IPL-IPR

By Rishika Mendiratta (Founder and Managing Editor at KhelAdhikar)

The transition from Orwell’s interpretation of, “Sports is war minus shooting” to Andre Maurious’ description of, “Business is a combination of war and sport” encapsulates the present scenario of societal and commercial inter-linkages of the sports industry.
In the Indian context, IPL is the best example justifying this scenario. The following article tries to explain the rationale, means and instances of Intellectual Property Protection in the Indian Premier League.

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Cricket: Pitching a Transcending Charisma

By Rishika Mendiratta ( Co-Founder and Managing Editor at KhelAdhikar )

What do they know of cricket who only cricket know. – CLR James

There is an age-old intersection between culture and cricket. Unbeknownst to us, cricket has been turning the tides of political movements for centuries in countries such as South Africa, West Indies and Afghanistan (to name a few). The article is a collection of such incidents across the world that echo the ideal that true sportsmanship is fair play and humanity at its best.

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Doping-A menace

By Rishika Mendiratta (Founder and Managing Editor at KhelAdhikar)

That brazenness… I just did not have the switch to turn that off. It helped me on the bike but it also got me where I am today. –Lance Armstrong

This quote of Lance Armstrong is a symbolism of the apathy of all the sportspersons who have indulged in doping with an aim to win the game just to lose the spirit of sportsmanship. ‘Doping’ is the deliberate or the inadvertent use of a substance or a method by sportspersons banned by the Medical Commission Of International Olympic Committee/World Anti-Doping Agency. The issue is very important because doping defeats the very purpose of sports that is to offer a level playing field to all the competitors. In this article Rishika analyses the need for greater administration and resources required by NADA to be able to appropriately segregate the athletes who indulge in doping from those who medicate for legitimate reasons.

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