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Sports Law Mrs. Mona Osama Abdel Hafiz Ibrachy and Dermarkar Law Firm August 2017

Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

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Page 1: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Sports Law

Mrs. Mona Osama Abdel Hafiz

Ibrachy and Dermarkar Law Firm

August 2017

Page 2: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Specializing

It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.)

It is the way to meet needs of an economic activity which is otherwise not properly serviced.

There is always a fear the specialization will result in less work. If you specialize in something that has a market, this fear is not well founded.

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Page 3: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 3

What is Sports Law?

Sports Law is an amalgam of laws that apply to athletes and the sports they play. It is not a single legal topic with generally applicable principles. Sports Law touches, with special twist, on a variety of matters including contract, employment, intellectual property, tax issues, etc.

Page 4: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Special Needs of the Athletes • It is a youngish customer bases…it needs a one stop legal

provider.

• Their life is inverted. Height of success is reached before 30 years old.

• They need to become business savvy at an age when they focus on spending.

• They need to be introduced to an additional potential revenue streams.

• They need to be able to deal with fame.

• They need to prepare for life after their athletic prime.

• The need of insurance in case of injury.

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Page 5: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Special Legal Topics

Special need for legal protection. They are requested to sign exclusivity at an early age.

They need to be coached on their image creation.

Complex tax regulations on revenues especially in individual sports.

They need wealth management advice.

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Page 6: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 6

The laws must address management of spectator (i.e. penalties and fines for spectators who violate the ticketing system, verbally or physically assault other spectators or sportsmen, are found in possession of drugs or fireworks, etc.)

• Have a specialized body to settle sports dispute including: (i) implementation of the provisions of the Law and Articles of Association of the Olympic and Paralympic Committees, as well as sports federations, etc. (ii) interpretation and implementation of sports contracts (including sport broadcasting agreements; athlete sponsorship contracts; contracts over the use of trademarks during sports competitions, sports intermediary contracts, and contracts between clubs, coaches and athletes).

Important Topics to Be Covered by the Laws

Page 7: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 7

• Provide rules on the criminal liability of doping. • Funding of the Sports Association. • Protection of the athlete from unfair provisions the could be

introduced by clubs to young athletes. • Assume the freedom of contract and properly negotiated

terms between the clubs and athletes. • Provide a mandatory sports insurance system. • Regulate rules on taxes that acknowledges the special

requirements of the athletes.

Page 8: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017

Most popular Sports in Africa are as follows:

1. Football (Soccer) 2. Squash 3. Hand Ball 4. Tennis 5. Basket Ball 6. Running

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Page 9: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 9

➢Sports has become a big industry ➢Football (Soccer) is the main sport in Africa (Egypt, Algeria,

Morocco, Tunisia, Nigeria, Cameroon, Gabon, Ghana, Congo, Kenya, Senegal, Angola, Zambia, Zimbabwe, Uganda, Tanzania, Namibia, Togo, Ivory Coast (Côte d'Ivoire), South Sudan, Sudan […]

➢Salaries of Players and Transfer Fees after the Bosman

Ruling

Page 10: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 10

Structure of Sports Organization: The Pyramid

National Fédérations

Individual Atétele

FIFA

CAF

Club

Page 11: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017

➢Squash Federation of Africa (SFA) o It was established in 1992 and regulates squash throughout

Africa and the Indian Ocean Islands.

oIt is affiliated to the World Squash Federation. oMembers of the Federation (Algeria, Bostwana, Democratic Republic of Congo, Egypt, Ghana, Kenya, Lesotho, Malawi, Mauritius, Morocco, Namibia, Nigeria, Somalia, South Africa, Sudan, Tanzania, Uganda, Zambia and Zimbabwe).

oThe members host junior and senior, team and individual squash competitions under the auspices of SFA.

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Page 12: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

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Squash in Egypt and Africa

➢Egyptian Squash Federation (ESF) ➢Various tasks that the ESF undertake are as follows: o Decide public policies that lead to the deployment of the squash

in the Arab Republic of Egypt; o Administration of the squash from the technical aspects,

financial and regulatory Puts the different competitions, championships and oversee their implementation;

o Preservation of the rules and principles of the international game of squash and protect the hobby;

o The preparation of national teams that represent Egypt in all international forums;

o Approval and registration of players enrolled in ESF; and o Sets rules and regulations governing the transfers of players.

Page 13: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

PSA World Women’s Ranking: Nour El Sherbini (1) Raneem El Welily (2) Nouran Gohar (5) Nour El Tayeb (11)

PSA World Men’s Ranking: Karim Abdel Gawad (2) Mohamed El Shorbagy (3) Ali Farag (5) Marwan El Shorbagy (7) Ramy Ashour (8)

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Page 14: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 14

➢Squash player (Raneem El Welily) complained previously that “In local tournaments, the men’s prize money is higher.” ➢The PSA confirmed that an equal prize money confirmed

for 2017 British Open. ➢El Gouna International Tournament 2017 determined the

prize fund for the Men’s matchups and is silent on the women’s prize fund. ➢Despite the fact that numerous best squash players

worldwide are Egyptians, local media still neglect spotlighting the game, instead focusing on football (as said by Ibrahim Qabany – Junior Squash Player).

Page 15: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Sports is Good for Africa We can excel, despite challenges, than in other areas (South

America, Russia, etc.)

It allows the growth of other industries such as Tourism, Construction, Psychology, and Medicine.

It allows social mobility.

It is a source of national pride.

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Page 16: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

My Final Message

I ask young lawyer to consider specializing in Sports law. This will:

Contribute to enlarging an important economic activity in Africa.

If you succeed, you will not sacrifice revenues.

Assist in building our national pride.

Consider specializing in sports.

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Page 17: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 17

Page 18: Sports Law - afribar.org · Specializing It is the only way for distinction (e.g. M&A, Sports, Banking, IP, Pharmaceutical, Oil & Gas, etc.) It is the way to meet needs of an economic

Ibrachy & Dermarkar August 2017 18

Thank You !