I thought there already was a rule in place about this that basically stated a result could be invalidated if the shoes used in it were not available to other competitors. Measuring whether a shoe gives an unfair advantage is difficult and subjective, so they got around that by simply saying the shoes needed to be available to the other athletes. This means there already is a "prototype rule" in effect. The problem is nobody is enforcing it.
Rule 143 states, "Any type of shoe used must be reasonably available to all in the spirit of the universality of athletics. Shoes must not be constructed so as to give athletes any unfair assistance or advantage."
Too much focus is being put on the second sentence. The first sentence is how we avoid the challenges of the second. If this ever went to some kind of a judge, I don't think they would require that the shoe had been made commercially publicly available, but that Nike or whatever shoe company would be able to respond to a specific request within a reasonable amount of time to sell and ship the shoe.
I'm pretty sure I've emailed Nike before requesting access to a shoe and gotten zero response. You would need to have a better athlete than me get turned away, though, because I have no real claim to damages since I'm not on elite starting lines. Any elite athlete out there reading this (or LRC who does sponsor elites on occasion) should be contacting Nike or others the instant they catch wind of these shoes and demanding "reasonable availability." Try to solicit and buy the shoe. If they fail to do so, that is when they become in violation of the rule.