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QUESTION

The general consensus about match-fixing in sport is that: all the other alternative responses provided for this question apply.

succeeded because of the cumulative weight of circumstantial evidence of gambling debts, a "plunge" on the particular exotic bet and suspicious play by Tandy in the game itself.

c.      succeeded but as the legislation was inadequate Tandy avoided any penalty.

d.     succeeded and Tandy served a two year prison sentence.

5.      In the English court case of Bradley v The Jockey Club TB 367-368 [254-255]) involving giving insider information about the prospects of various horses in return for "presents in connection with a race," the court ruled that:

a.      the rule in Cameron v Hogan about the courts not interfering in the domestic squabbles of organisations did not apply and the court substituted a 3 year suspension for the 8 year suspension the Jockey Club had imposed on Bradley.

b.     the 8 year suspension imposed on Bradley was exactly the correct suspension for that type of offence.

c.      in exercising its 'supervisory jurisdiction'  the Jockey Clubs' domestic tribunal had got a reasonable balance between Bradley's right to earn a living and a penalty calculated to protect the integrity of racing.

d.the Jockey Clubs' domestic tribunal had allowed its single-minded concern for the integrity of racing to cause it to impose an unreasonably harsh penalty on Bradley.

6..Walsh in his article 'Ambush marketing: The threat and the solution ' argues that:

a.Existing common law actions in tort such as passing off and injurious falsehood are adequate to deal with the challenges posed by ambush marketing.

b.The organisers of the Tour de France can at least run a race free from ambush marketing if not free from drugs.

c.Ambush marketing is a term that has a precise legal definition.

d.None of the other three alternative responses to this question are correct.

 7. Walsh in his article 'Ambush marketing: The threat and the solution' claims that:

a.Ambush marketing is purely an ethical problem that has no impact on the willingness of sponsors to support major sporting events.

b.There is a need to reform the law to deal with the relatively modern problems posed by ambush marketing.

c.Awarding damages against a party engaging in ambush marketing is not possible because the financial loss suffered by official sponsors is too intangible to calculate.

d. Major sporting event organisers should "lighten up" and recognise that ambush marketing can bring colour and humour to what are otherwise often drab and utterly predictable sporting events.

8. Which of the following is correct in discussing Intellectual Property in sport?

a. In Victoria Park Racing and Recreational Grounds Ltd v Taylor (1937) 58 CLR 479 the High Court ruled that a radio station's unauthorised direct broadcasts of the races from a tower overlooking the race course was a flagrant breach of copyright.

b. Evidence for selling unauthorised AFL and NRL merchandise might have to be obtained by an Anton Piller order.

c. Betting slips and match program fixtures will not generally be protected by copyright.

d. There can never be intellectual property rights that protect the tactics and training routines of an elite sports team.

9. Which of the following cases breached Schedule 2 Section 18 of Australian Consumer Law (formerly  section 52 of the Trade Practices Act)

a. Victoria Park Racing

b. Campomar Sociedad Ltd v Nike International Ltd

c. Honey v Australian Airlines Ltd

d. All three of the cases stated as alternative responses for this question.

10.  The Speedo® FASTSKIN FSII swimsuit fabric is designed to reduce drag and enable competition swimmers to gain vital split seconds. Which type of IP protection gives the inventors of this fabric the best protection at law to exploit their development?

a. Relying on the Speedo® trademark.

b..Relying on the copyright that accrues to various documents produced in developing the swimsuit.

c. A successful application for a patent on the swimsuit.

d. Tight security procedures in the laboratories and factories to ensure the trade secret remains confidential.

11. Currently, as seen in the litigation involving the NRL and AFL and Telstra against Optus TB 619-620 [441] , the law is that:

a.The "time-shifting provisions" in s 111 of the Copyright Act 1968 (Cth) allow Optus , even though it takes its "feed" from third parties with contractual rights to televise matches, to provide coverage to its customers with only a slight delay without infringing the Act.

b. The decision at first instance that upheld the legality of Optus minor time-delay service was affirmed (unchanged)  on appeal.

c.The commercial purposes of Optus in storing recordings of matches in four different formats for multi-platform compatability meant that the domestic time-shifting provisions of s111 of the Act did not apply as a valid defence to its conduct.

d. The public interest and related anti-siphoning legislation means that all football matches in Australia must be streamed "free to air" rather than by subscription services such as Foxtel.

 12. The English case of Sports and General Press Agency v Our Dogs Publishing Company :TB 618-619 [440]

a. Is authority for the view that exclusive rights to media coverage at sports events are usually a contractual exception to a ban on photographing or recording such events.

b. Was a case that followed the precedent of Victoria Park Racing and Recreational Grounds Ltd v Taylor (1937) 58 CLR 479.

c. Is a case that establishes that TV stations will have breached copyright if they show short highlights of play in a test match without permission from Channel 9.

d. Being an English case it has had no impact on intellectual property issues in sports law in Australia.

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