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Getting The Deal Through

Sports Law

Published: October 2019

Japan


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  • 1.

    Governance structure
    What is the regulatory governance structure in professional sport in your jurisdiction?

  • 2.

    Protection from liability
    To what extent are participants protected from liability for their on-field actions under civil and criminal law?

  • 3.

    Doping regulation
    What is the regulatory framework for doping matters in your jurisdiction? Is there also potential secondary liability for doping offences under civil or criminal law?

  • 4.

    Financial controls
    What financial controls exist for participant organisations within professional sport?

  • 5.

    Jurisdiction
    Who has jurisdiction over the resolution of professional sport disputes in your jurisdiction, and how is this determined?

  • 6.

    Enforcement
    How are decisions of domestic professional sports regulatory bodies enforced?

  • 7.

    Court enforcement
    Can the decisions of professional sports regulatory bodies be challenged or enforced in the national courts?

  • 8.

    Concept of image rights
    Is the concept of an individual’s image right legally recognised in your jurisdiction?

  • 9.

    Commercialisation and protection
    What are the key legal considerations for the commercialisation and protection of individuals’ image rights?

  • 10.


    How are image rights used commercially by professional organisations within sport?

  • 11.

    Morality clauses
    How can morality clauses be drafted, and are they enforceable?

  • 12.

    Restrictions
    Are there any restrictions on sponsorship or marketing in professional sport?

  • 13.

    Protecting brands
    How can sports organisations protect their brand value?

  • 14.


    How can individuals protect their brands?

  • 15.

    Cybersquatting
    How can sports brands and individuals prevent cybersquatting?

  • 16.

    Media coverage
    How can individuals and organisations protect against adverse media coverage?

  • 17.

    Regulations
    Which broadcasting regulations are particularly relevant to professional sports?

  • 18.

    Restriction of illegal broadcasting
    What means are available to restrict illegal broadcasting of professional sports events?

  • 19.

    Regulation
    What are the key regulatory issues for venue hire and event organisation?

  • 20.

    Ambush marketing
    What protections exist against ambush marketing for events?

  • 21.

    Ticket sale and resale
    Can restrictions be imposed on ticket sale and resale?

  • 22.

    Work permits and visas
    What is the process for clubs to obtain work permits or visas for foreign professional athletes, and coaching and administrative staff?

  • 23.


    What is the position regarding work permits or visas for foreign professional athletes, and coaching and administrative staff, temporarily competing in your jurisdiction?

  • 24.

    Residency requirements
    What residency requirements must foreign professional athletes, and coaching and administrative staff, satisfy to remain in your jurisdiction long term or permanently?

  • 25.


    Do the family members of foreign professional athletes, and coaching and administrative staff, legally resident in your jurisdiction have the same residency rights?

  • 26.

    Incorporation and regulation
    How are professional sporting unions incorporated and regulated?

  • 27.

    Membership
    Can professional sports bodies and clubs restrict union membership?

  • 28.

    Strike action
    Are there any restrictions on professional sports unions taking strike action?

  • 29.

    Transfers
    What is the legal framework for individual transfers? What restrictions can be placed on individuals moving between clubs?

  • 30.

    Ending contractual obligations
    Can individuals buy their way out of their contractual obligations to professional sports clubs?

  • 31.

    Welfare obligations
    What are the key athlete welfare obligations for employers?

  • 32.

    Young athletes
    Are there restrictions on the employment and transfer of young athletes?

  • 33.


    What are the key child protection rules and safeguarding considerations?

  • 34.

    Club and country representation
    What employment relationship issues arise when athletes represent both club and country?

  • 35.

    Selection and eligibility
    How are selection and eligibility disputes dealt with by national bodies?

  • 36.

    Key issues
    What are the key taxation issues for foreign athletes competing in your jurisdiction to be aware of?

  • Updates and trends

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TMI Associates was established in 1990 with the specific aim to provide professional legal services meeting the increasingly complex and international demands of the legal marketplace.  Since the

View more information about TMI Associates


Tokyo
23rd Floor, Roppongi Hills Mori Tower
6-10-1 Roppongi, Minato-ku
106-6123
Tokyo
Japan
T: +81 3 64 38 5511
F: +81 3 64 38 5522


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