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

Abstract

The general commercial rights associated with the Olympic Movement are protected in the UK by the Olympic Symbols etc (Protection) Act 1995. The Olympic Association Right created by this Act enables the sole beneficiary, the British Olympic Association, to exploit these rights exclusively in order to be able to fund its activities and maintain both its political and sporting independence. On being granted the right to host the Games of the 30th Olympiad in London 2012, 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 s.33 and sch.4 London Olympic and Paralympic Games Act 2006. This provision enables the London Organizing Committee of the Olympic Games to exploit to the fullest the commercial rights associated with the London Olympic Games in order to finance its successful staging. This article analyses whether the IOC’s requirement for legislative protection and state enforcement of the commercial rights associated with hosting an edition of the Olympic Games, and in particular the restrictions on using specific everyday words and phrases descriptive of the time and place that the Games takes place, are compatible with the Fundamental Principles of Olympism as defined in the Olympic Charter and its stated aim as being a celebration of sporting endeavour, culture and education.

Keywords: Olympic Symbols etc (Protection) Act 1995, Olympics, London Olympic and Paralympic Games Act 2006, commercial rights, Olympic charter, fundamental principles of olympism