Download 1 FIBA Approval Programme for Basketball Equipment ... and more Study notes Construction in PDF only on Docsity!
FIBA Approval Programme for Basketball Equipment
Regulations 2020-
A. Introduction
The Fédération Internationale de Basketball (“ FIBA ”) is a Swiss association headquartered in Mies, Switzerland. FIBA is the world governing body for the sport of basketball and presently has 213 affiliated national member federations. In this role, FIBA sanctions, organises, recognises and/or endorses certain basketball and FIBA 3x3 basketball competitions.
In accordance with FIBA’s regulations, competitions of FIBA may be played only with FIBA-approved equipment, as far as certain categories of basketball equipment are concerned. To this end, FIBA has established the FIBA Approval Programme for Basketball Equipment (the “ Approval Programme ”) under which such equipment is approved. FIBA has delegated the operation of the Approval Programme to the Equipment & Venue Centre (the “ Centre ”).
In addition to managing the Approval Programme, the Centre is engaged, in particular, in:
- setting standards for basketball equipment and facilities;
- collecting information on existing and planned basketball facilities in countries with federations that are affiliated to FIBA;
- researching in the area of basketball-related equipment and technical materials;
- providing technical assistance and producing publications to give advice regarding the particular needs of the sport of basketball in connection with the construction of new, and the refurbishment of existing, basketball facilities;
- giving advice in connection with financing and public funding for the construction of new, and/or the refurbishing of existing, basketball facilities; and
- providing a forum for the exchange of views and know-how on the construction and/or the refurbishing of basketball facilities and all other basketball-related materials and equipment.
The categories of equipment which are currently included in the Approval Programme are:
- Basketballs;
- Backstop Units;
- Wooden Flooring;
- Synthetic Flooring;
- Flooring Coatings and Maintenance Products;
- Scoreboards and Videoboard Software;
- Seating Systems;
- Electric and Electronic Systems Categories, including, but not limited to: Instant Replay Systems, Whistle Controlled Timing Systems, Video Analysis Software and Court Lighting;
- Training Product Categories, including, but not limited to: Basketball Shooting Machines;
- Sanitising Products, including but not limited to: Ball Sanitising;
- Miscellaneous Product Categories, including, but not limited to: Court Stickers, Whistles and Mouthguards.
- 3x3 Equipment Categories: 3x3 Basketballs, 3x3 Backstop Units, 3x3 Flooring, Canopy Systems.
(together, the “ Equipment Categories ”). For the relevant Equipment Categories (as defined in FIBA’s Official Basketball Rules for Basketball Equipment / FIBA’s Official 3x3 Basketball Equipment & Software Appendix to the 3x3 Official Rules, only equipment that has been approved under the Approval Programme for Competition Level 1 (as defined below) may be used in Competitions of FIBA.
These Regulations have been established by FIBA and set out the standards, procedures, terms and conditions that apply to the Approval Programme, for the period from 1 January 2020 to 31 December
B. Definitions
Applicant A person or legal entity seeking Approval of Submitted Equipment. Approval The act of granting to Submitted Equipment the status of Approved Equipment under the Approval Programme. Approval is deemed granted upon receipt of the “Certificate of Approval”, see section E.2.b). Approval Designation For Equipment Categories except the 3x3 Equipment Categories: the designation "FIBA Approved Equipment”. For the 3x3 Equipment Categories: the designation “FIBA Approved 3x Equipment”. Approved Equipment Submitted Equipment for which Approval has been obtained. Approval Logos The official Approved Equipment logos shown in Schedule A and/or such additional or replacement logo(s) as may from time to time be selected and notified by the Centre. Approval Programme The FIBA Approval Programme for Basketball Equipment. Centre The FIBA Equipment & Venue Centre. Competition Level Level 1: FIBA National Team and Club Competitions (as defined below) plus other elite-level national and international club and national team competitions, National club competitions may be subject to additional rules issued by national governing bodies. All equipment at these competitions must be FIBA approved Level 1 and may display the official FIBA Approved Equipment logo in a FIBA approved layout or make reference to FIBA approval in a FIBA approved form.
Level 2: Any other basketball competition not included in Level 1,
For Level 2, all technical specifications of basketball equipment must be respected, and FIBA Approved Equipment is strongly recommended.
Training Products: Equipment used primarily for training and performance analysis.
Handling Fee The fee required from a New Applicant in accordance with section E.1. FIBA Fédération Internationale de Basketball. Licence Fee Fee to be paid by the Manufacturer to FIBA pursuant to the Equipment Approval Agreement. Manufacturer A person or legal entity that holds an Approval for certain Approved Equipment. For the avoidance of doubt, the Manufacturer of certain Approved Equipment may at the same time be an Applicant in relation to other Submitted Equipment. New Applicant An Applicant that, at the time of its application, does not have any Approved Equipment. Regulations The FIBA Approval Programme for Basketball Equipment Regulations 2020 - 2023. Submitted Equipment Equipment for which an Applicant seeks Approval. Term The period from Approval to 31 December 2023, unless the Equipment Approval Agreement is terminated early in accordance with its terms (in which case this earlier date marks the end of the Term).
C. Manufacturer’s Rights
The Manufacturer shall have the rights outlined below in connection with its Approved Equipment in its full submitted and approved form.
1. Qualification for use in FIBA National Team and Club Competitions / FIBA 3x3 Official Competitions
In accordance with Article 106 of Book 1 of the FIBA Internal Regulations, FIBA National Team and Club Competitions shall be played only with Approved Equipment.
In accordance with the Official 3x3 Basketball Equipment & Software Appendix to the 3x3 Official Rules, FIBA 3x3 Official Competitions shall be played only with Approved Equipment.
As a result, the Manufacturer’s Approved Equipment for Competition Level 1 qualifies for use in these FIBA National Team and Club Competitions / FIBA 3x3 Official Competitions. Note, however, that the use of Approved Equipment may be based on a tender and FIBA reserves the right to sign specific supplier contracts.
2. Designations and Logos
The Manufacturer (except if the Manufacturer is in one of the 3x3 Equipment Categories) shall have the non-transferable and non-sublicensable right to use, throughout the world and during the Term, the following two items:
- the designation “FIBA Approved Equipment” (the “Approval Designation”); and
- the Approved Equipment logo shown in Schedule A.1 and/or such additional or replacement logo(s) as may from time to time be selected and notified by FIBA (the “Approval Logos”),
both solely for the purpose of promoting the Manufacturer’s Approved Equipment. In particular, therefore, the Manufacturer shall not use, or permit any third party to use, any Approval Designation or Approval Logos in any way that promotes (i) the Manufacturer itself (as opposed to its Approved Equipment), (ii) any third party (except as set out in this section C.2) or (iii) any product or service other than Approved Equipment.
In addition, Manufacturers in the Equipment Category: Basketballs are entitled to apply the Ball Approval Stamp, shown in Schedule A.3, to the surface of the ball. In case Approval is granted for Level 1 Competitions, it is obligatory to use the Ball Approval Stamp.
For Approved Equipment in one of the 3x3 Equipment Categories, the Manufacturer shall have the non-transferable and non-sublicensable right to use, throughout the world and during the Term, the following two items:
- the designation “FIBA Approved 3x3 Equipment”; and
- the Approved 3x3 Equipment logo shown in Schedule A. 2 and/or such additional or replacement logo(s) as may from time to time be selected and notified by FIBA,
both solely for the purpose of promoting the Manufacturer’s Approved Equipment. In particular, therefore, the Manufacturer shall not use, or permit any third party to use, any Approval Designation or Approval Logos in any way that promotes (i) the Manufacturer itself (as opposed to its Approved Equipment), (ii) any third party (except as set out in this section C.2) or (iii) any product or service other than Approved Equipment.
In addition, Manufacturers in the Equipment Category: 3x3 Basketballs are entitled to apply the 3x Ball Approval Stamp, shown in Schedule A. 4 , to the surface of the ball.
The Manufacturer may permit its distributors, resellers and/or dealers to use the Approval Designation and/or the Approval Logos, provided that such use makes clear (i) that the Approval Designation and/or the Approval Logos relate only to the Approved Equipment as such (and not the Manufacturer, distributor etc.) and (ii) that the Approved Equipment is produced by the Manufacturer (and not distributor etc.). However, the Manufacturer shall inform its distributors, resellers and/or dealers about the restrictions of this section C.2, which apply mutatis mutandis to them, and ensure that they likewise comply with those restrictions.
Except as set forth in these Regulations, the Manufacturer shall not be entitled to use (or permit any third party to use) any FIBA logo or designation, including but not limited to FIBA’s “We Are Basketball” logo, the FIBA Equipment & Venue logo or the FIBA 3x3 corporate logo.
To ensure compliance with this section C.2 and for brand assurance purposes: (i) each and every use of an Approval Designation or Approval Logos shall be subject to the prior written approval of the Centre and (ii) the Manufacturer must not release any materials incorporating any Approval Designation or Approval Logos without having obtained such prior approval.
- have supplied basketball equipment to at least three (3) distributers and/or dealers and/or sports venues and/or national member federations of FIBA and/or elite basketball clubs affiliated to such federation(s). For applicants in the Training Products Categories, FIBA may exclude this requirement;
- be in good financial standing (see Question 8 of the Applicant Questionnaire, Schedule C, for details);
- have the full right, power and authority to manufacture, sell and otherwise distribute the Submitted Equipment without interfering with the intellectual property or other rights of any third party and without breaching any of its other contractual obligations;
- not have materially or repeatedly breached any contractual obligation (in particular payment obligations) towards the IBF, FIBA or any of FIBA’s member national basketball federations in the past four (4) years; in case of actual, pending or threatened litigation or arbitration, FIBA may in its reasonable discretion provisionally determine, solely for the purposes of this section D.1, if a material or repeated breach can be deemed to have occurred; once a final decision in this regard has been rendered by a court or arbitral tribunal of competent jurisdiction, FIBA shall defer to such ruling on the existence of a breach also for the purposes of this section D.1;
- ensure that all operations, including those conducted by third parties involved in the creation of the Approved Equipment, are in compliance with all applicable laws, the Declaration on Fundamental Principles and Rights at Work adopted by the International Labour Organisation in June 1998 and the latest Code of Conduct of the World Federation of the Sporting Goods Industry (including the guiding principles), both of which may be accessed from the Equipment & Venue Centre section of the FIBA Website;
- maintain product liability insurance, as described in Schedule B, in relation to all its Approved Equipment throughout the period during which it has Approved Equipment and for three (3) years thereafter.
- be able to communicate with the Centre in the English language; and
- comply with any additional conditions that the Centre may from time to time impose. 2. Equipment Requirements
Submitted Equipment must meet all the requirements that the following documents provide for in relation to the applicable Equipment Category and Competition Level:
(a) the most recent version of FIBA’s Official Basketball Rules for Basketball Equipment / Official 3x3 Basketball Equipment & Software Appendix to the 3x3 Official Rules (the “ Equipment Rules ”); and (b) the most recent version of the FIBA Approval Programme for Basketball Equipment Handbook of Test Methods and Requirements / Handbook of Test Methods and Requirements for 3x3 and Outdoor Basketball Equipment (the “ Handbook ”).
E. Standard Approval Procedure
The procedure for obtaining Approval is as follows:
- A New Applicant must establish to the Centre that it meets all the relevant Manufacturer Requirements in relation to itself (“Applicant Approval Procedure”, section E.1). The Centre
will consider a New Applicant in accordance with the timing and deadlines to be determined by the Centre and communicated to interested parties upon request.
- Any Applicant must have its Submitted Equipment tested by a FIBA Accredited Test Institute, in accordance with the Handbook, to establish the Submitted Equipment meets the relevant Equipment Requirements (“Equipment Approval Procedure”, section E.2);
The procedure is visually depicted in section J below.
It is strongly recommended that New Applicants first complete the Applicant Approval Procedure before initiating the Equipment Approval Procedure. However, if the Equipment Approval Procedure is initiated first, the test report issued by the FIBA Accredited Test Institute must be less than six (6) months old when the Applicant Approval Procedure is initiated.
1. Applicant Approval Procedure
A New Applicant must submit the following materials to the Centre so that the Centre can determine whether the New Applicant meets all the Manufacturer Requirements:
- a fully completed, signed and certified Applicant Questionnaire (Schedule C);
- copies of all supporting materials requested in the Applicant Questionnaire (Schedule C);
- a CHF 1,000 Handling Fee;
New Applicants will only be handled following the payment of the Handling Fee. If Approval is granted, the Handling Fee will be deducted from the first instalment of the Licence Fee.
If a New Applicant makes any materially false statement in the Application Questionnaire, FIBA may levy a fine of CHF 1,000 (payable to FIBA) and refuse to grant any Approval to the New Applicant within the next twelve ( 12 ) months.
The Centre also reserves the right to inspect (either itself or through a third party) the New Applicant’s production and/or company facilities and the New Applicant shall provide full access and reasonable assistance in connection with any such inspection.
2. Equipment Approval Procedure
a) Equipment Testing
Applicants must submit the Submitted Equipment to one of the FIBA Accredited Test Institutes for testing, in accordance with the Handbook, so that the Centre can determine whether the Submitted Equipment meets the Equipment Requirements. Such testing is subject to a separate agreement between the Applicant and the FIBA Accredited Test Institute; FIBA are not a party to such agreement and does not accept any responsibility for the services provided by the FIBA Accredited Test Institute.
The Applicant may choose any of the FIBA Accredited Test Institutes that are accredited for the relevant category. All costs and expenses involved in the submission and testing or retesting of the samples are the responsibility of, and must be paid directly to the relevant FIBA Accredited Test Institute by the Manufacturer.
The details regarding sample quantities, as well as a precise description of the testing procedures and applicable standards, are defined in the Handbook.
- Modifications to Approved Equipment
The Manufacturer must ensure that each item of Approved Equipment produced during the Term is identical to the relevant samples that were submitted, tested and approved. If any modification is made to the Approved Equipment or the Manufacturer moves the production thereof to a different manufacturing facility, the Manufacturer must re-submit the Approved Equipment for full re-testing in accordance with section E.2.
If only a minor modification is made, then the Centre may, upon request of the Manufacturer, waive this requirement or reduce the amount of re-testing that is required. If the Manufacturer wishes to make such a request, it shall send the Centre:
- a precise explanation of the changes that have been made in the standard template (available on request from the Centre), and
- in the case of a ball, one (1) sample of each modified model.
- Transition Period
For Submitted Equipment tested after the release of these Regulations but prior to 1 April 2020, the Centre will implement a transition period as follows relating to specific changes to the Equipment Rules in the Equipment Categories Basketballs and Scoreboard and Videoboard Software: If the Ball or Scoreboard/Videoboard Software fails to meet specific requirements of the 2020 Equipment Rules but would have met the 2018 Equipment Rules, the test result will be accepted as a provisional pass and the Manufacturer will have until 1 January 2022 to make the necessary adjustments and successfully retest the Approved Equipment. The specific requirements relating to the transition period will be communicated by the Centre to the relevant Manufacturers.
In the case of any other change to the Equipment Rules during the Term, the Centre will inform the Manufacturer of the change and enforce a transition period. The duration of the transition period will vary depending on the nature of the change but shall give the Manufacturer a reasonable amount of time to make the relevant adjustments. The Manufacturer must ensure that its Approved Equipment meets the requirements of the new Equipment Rules by the end of the Transition Period. The Manufacturer will not be obliged to retest the Approved Equipment during the Term, but the Centre may submit the Approved Equipment for Random Testing, in accordance with section G. The Centre may enforce changes to the Equipment Rules at a maximum of one (1) time per calendar year.
G. Random Testing of Approved Equipment, Inspection of Facilities, Withdrawal of Approval
Manufacturers shall ensure that, throughout the Term, they continue to meet the Approval Requirements (section D; any reference to “Applicant” and “Submitted Equipment” in section D shall be understood, in the present context, as a reference to “Manufacturer” and “Approved Equipment”, respectively). In order to determine whether the Approval Requirements are continuously met, the Centre, at its own cost, may at any time:
- submit Approved Equipment purchased on the market or recently installed in venues to random testing; and/or
- inspect (either itself or through a third party) the Manufacturer’s production and/or company facilities, and the Manufacturer is obliged to provide full access and reasonable assistance in connection with any such inspection.
If any testing or inspection reveals that the Approval Requirements are not met, the Centre will inform the relevant Manufacturer of such failure and request the Manufacturer to cure such non-compliance within a reasonable time frame, to be determined by the Centre in its reasonable discretion.
The Manufacturer shall reimburse FIBA for the costs of any random testing or inspection if such random testing or inspection reveals non-compliance with the Approval Requirements. Also, the Manufacturer shall cover the costs of any follow-up test or inspection aimed at confirming the alleged elimination of that non-compliance.
Reluctance or incapability to eliminate the non-compliance with the Approval Requirements may result in withdrawal of the Approval for the Approved Equipment concerned or, in case of failure to meet the Manufacturer Requirements, for all Approved Equipment of the Manufacturer concerned (and/or termination of the Equipment Approval Agreement).
H. Advisory Board
The Centre will establish a working group composed of one representative from each Equipment Category to serve as a consultative body for the Centre in relation to the Approval Programme (the “Advisory Board”) and to provide industry perspective on the operation thereof. The Advisory Board will convene once a year or as otherwise requested by the Centre. Members of the Advisory Board may be nominated by the Centre or Manufacturers from the same category and selected by the Centre itself.
I. Miscellaneous
These Regulations (and any disputes arising therefrom or connected thereto) shall be governed by and interpreted exclusively in accordance with the laws of Switzerland, to the exclusion of any conflict of laws rules.
All disputes arising out of or in connection with these Regulations (including the Schedules hereto) including disputes as to its validity, binding effect, amendment and effective termination shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved definitively in accordance with the Code of sports-related arbitration. The language of the arbitration shall be English. Nothing in these Regulations shall limit the right of FIBA to seek any provisional or equitable remedy or other relief that is not available through arbitration from any court of competent jurisdiction as may be necessary to protect the Approval Designations, the Approval Logos or any of FIBA’s other proprietary interests.
J. Summary of the Application and Approval Process
A summary of the application and approval process, including equipment testing, is presented overleaf.
Schedule A
Logos
1. Approved Equipment Logo
Pantone colours codes shall be provided by the Centre, once Approval has been granted to the Manufacturer.
Landscape Orientation:
Portrait Orientation:
2. Approved 3x3 Equipment Logo
Pantone colours codes shall be provided by the Centre, once Approval has been granted to the Manufacturer.
Landscape Orientation:
Portrait Orientation:
Schedule B
Product Liability Insurance
The Manufacturer’s product liability insurance must be concluded with a well-respected, reputable and financially sound insurance company and must:
- be worldwide in scope;
- have a minimum coverage of CHF 3 million per claim;
- have an extended reporting period of at least 5 years; and
- be otherwise on terms that are acceptable to the Centre, acting reasonably.
For software-based products and new equipment categories FIBA may lower the minimum coverage amount.
In order to provide evidence of the above to FIBA, the manufacturer shall:
- deliver to the Centre a certificate of insurance evidencing coverage in compliance with the above prior to the execution of the Equipment Approval Agreement; and, thereafter, within thirty (30) days of any demand by the Centre;
- provide at least thirty (30) days' prior notice to the Centre of any cancellation (or threat thereof), intent not to renew or any material change in coverage.
Schedule C
FIBA Approval Programme for Basketball Equipment Applicant Questionnaire
Each New Applicant seeking Approval of basketball equipment is required to complete this questionnaire and to submit it to the FIBA Equipment & Venue Centre, together with all other requested materials, as described in the FIBA Approval Programme for Basketball Regulations 2020-2023 (the “Regulations”). All original documents must be submitted in English or delivered with a certified English translation.
Section 1: Applicant Information
1. Applicant Details Applicant’s full corporate name Country of incorporation Additional brand name(s) Date of incorporation
Company registration number Company website
2. Contact Details Main Contact Person Second Contact Person Contact Person Name Contact Person Job Title
Address
Address line 1 Address line 2 Address line 3 City State/Province Post/Zip code Country
Phone number
Area code(s) Area code(s)
Mobile number
Area code(s) Area code(s)
Email Address Company/Departmental Email Address If these contact details change at any point during the Term, please inform the Centre immediately.
Section 2: Submitted Equipment
Please specify which categories of equipment the Applicant is seeking Approval for and, in relation to each category, the relevant products/models:
☐ Basketballs and 3x3 Basketballs
Model Name Size^ Surface material^ Recommended Retail Price (RRP) Drop down Drop down
☐ Backstop Units and 3x3 Backstop Units
Model Name Type Backboard material Recommended Retail Price (RRP) Drop down Drop down
☐ Wooden Flooring
Model Name Type Construction (i.e. materials and topcoats)
Recommended Retail Price (RRP) Drop down
☐ Synthetic Flooring and 3x3 Flooring
Model Name Type Construction^ (i.e. materials^ and topcoats)
Recommended Retail Price (RRP) Drop down
☐ Scoreboards and Videoboard Software
Model Name Type 24 second device model name, if applicable
Recommended Retail Price (RRP)
Drop down
☐ Seating Systems
Model Name System Details Recommended Retail Price (RRP)
