On 12 December 2014 Swiss politicians have passed a law that strengthens the oversight of more than 60 sports associations based there, including the Fédération Internationale de Football Association (FIFA) and the International Olympic Committee (IOC). Thus far sports bodies based in Switzerland were not obliged to register with the state or to publish their accounts. They benefitted from tax breaks, autonomy to govern their own affairs, and exemption from Swiss anti-corruption laws.
The so-called “Lex FIFA” will now designate the top officials of the sports associations residing in Switzerland as “Politically Exposed Persons” (PEPs) who, according to the Financial Action Task Force (FATF) rules could be subjected to corruption investigations.
TRIPS established a minimum standard of intellectual property rights to be adopted by the member states along with an obligation that mandates mutual recognition of domestic laws which offer the minimum standards of protection. The evolution of this regime has led to concerns over sovereign discretion in matters of domestic importance such as health, food security and education. In the current framework of IP legal pluralism, States must possess an active regulatory discretion, particularly in ensuing that exclusive monopoly rights are not pursued at the cost of its citizens in matters relating to essential needs of their life. In doing so, States must also give due respect to the concerns of global welfare
Published in Journal of Intellectual Property Law & Practice, 2014