Around the grounds - SportsTech: digital disruption in the sports industry

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Technological development is rapidly changing almost every facet of the sports industry – from the way sports are played and the equipment players use, to the way sports are governed, and of course the ways that we spectators watch and enjoy the on-field action. 

All of these changes also raise interesting new legal questions and challenges. However, developments in the law are often accused of lagging behind developments in technology – courts and legislators often struggle to keep up with what is happening in the 'real world'. So in this edition of Around the Grounds we get ahead of the curve by looking at some of the technological challenges that organisations in the sports sector will face both today and into the future. 

In this edition:

  • The changing face of sport adjudication - Photo-finishes were first used in the Olympics at the 1912 Stockholm Olympics but adjudication by technology has come a long way since then, especially in the last 30 years. Can technology truly be trusted?
  • Improving safety in sport through technology - The way that responsibility for sports injuries is assessed and allocated is an evolving process - particularly with the development of new technologies that help to identify and mitigate the likelihood and underlying causes of sports injuries.
  • Game changers: SportsTech products - New products are being developed at a bewildering pace to enhance the experience of both active participants and passive spectators. As both sports-lovers and gadget-geeks, we could not be more excited but we also anticipate that they will generate some novel legal challenges.
  • E-Sports: Playing the legal game - Competitive video gaming is increasingly serious business, with predictions that the global e-sports industry could be worth over US$1 billion by 2019. What do players need to be aware of in their playing contracts and, when it comes to IP, who owns it and who can make money from it?
On 2 August 2022, the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 was passed (Aged Care Bill), introducing important regulatory changes to Australia’s aged care sector. The Bill makes numerous legislative amendments, including to the Aged Care Act 1997 (Cth) (Aged Care Act) and the Aged Care (Transitional Provisions) Act 1997 (Cth) (Transitional Provisions Act), and responds to various recommendations made by the Royal Commission into Aged Care Quality and Safety (Royal Commission) Final Report (Report). The Report identified the provision of substandard aged care services and perceived systemic failures in the aged care sector.[1]

08 August 2022

The Federal Court has refused an application to stay proceedings to quantify compensation for patent infringement (quantum proceedings) pending the outcome of separate parallel proceedings challenging the validity of the infringed patent on new grounds. The case is significant as intellectual property cases are regularly bifurcated with liability determined separately damages or an account of profits. A patentee may also bring consecutive infringement cases and therefore have two separate cases considering invalidity issues for the same patent running in parallel.

03 August 2022

Since the introduction of a nationwide Marketing Authorization Holder (MAH) system in 2019, licenses have linked directly to therapeutic products rather than manufacturers.

03 August 2022