London 2012 and the Impact of the UK's Olympic and Paralympic Legislation: Protecting Commerce or Preserving Culture?

James, Mark ORCID: https://orcid.org/0000-0002-6256-611X and Osborn, Guy (2011) London 2012 and the Impact of the UK's Olympic and Paralympic Legislation: Protecting Commerce or Preserving Culture? The Modern Law Review, 74 (3). pp. 410-429. ISSN 0026-7961

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Abstract

The general commercial rights associated with the Olympic Movement are protected in the UK by the Olympic Symbols etc (Protection) Act 1995. In addition, the UK Government, in response to a requirement of the Host City Contract with the International Olympic Committee, created the London Olympic Association Right under section 33 and Schedule 4 of the London Olympic and Paralympic Games Act 2006. These provisions enable the London Organising Committee of the Olympic Games to exploit, to the fullest extent, the commercial rights associated with the London Olympic Games. This article questions whether the IOC's requirement for legislative protection and state enforcement of the commercial rights are compatible with the Fundamental Principles of Olympism as defined in the Olympic Charter, and its stated aim of being a celebration of sporting endeavour, culture and education.