| 日期： | 2020/06/16 |
|---|---|
| 作者： | Dispute Settlement Body |
| 文件編號： | WT/DS567/R |
| 附件下載： | WTDS567R.pdf |
| 因為版本問題，開啟附件時可能會出現錯誤訊息，如「檔案已損毀」的訊息，請您忽略此訊息，即可正常開啟 |
Saudi
Arabia – Measures Concerning the Protection of Intellectual Property Rights
report of the panel
TABLE OF
CONTENTS
1.2
Panel establishment and composition
1.3.2
Procedural issues arising from Saudi Arabia's refusal to interact with Qatar
1.3.3
Issues concerning certain English translations submitted by the UAE
1.3.4
The Panel's request for information from the International Bureau of WIPO
1.3.5
Saudi Arabia's request to confirm the authenticity of an exhibit submitted by
Qatar
1.3.6
Procedural issues arising from Qatar's submission of a witness statement
2.2.1
The broadcasting and copyright regime in Saudi Arabia
2.2.2
The June 2017 severance of relations and events leading up to it
2.2.3
The broadcasting operations of the Qatari-based beIN Media Group
3 Parties' requests for findings and
recommendations
5 Arguments of the third parties
6.4
Preliminary considerations
6.5
Acts and omissions claimed by Qatar to be attributable to Saudi Arabia
6.6
Claims under Parts I, II and III of the TRIPS Agreement
6.7
Saudi Arabia's invocation of Article 73(b)(iii) of the TRIPS Agreement
6.8
Conclusions and recommendation
7.1
Preliminary considerations
7.1.1
Overview and order of analysis
7.1.3
The measures challenged by Qatar
7.2
Acts and omissions claimed by Qatar to be attributable to Saudi Arabia
7.2.3.1
Applicable legal standard
7.2.3.2
beIN's access to civil enforcement procedures
7.2.3.2.1
Anti-sympathy measures
7.2.3.2.1.2
Evidence regarding general anti-sympathy measures
7.2.3.2.2
The 19 June 2017 Circular, travel restrictions and Ministerial
approval
requirement
7.2.3.3
Non-application of criminal procedures and penalties
7.2.3.3.2
Overview of correspondence
7.2.3.3.3
Evidence regarding the promotion of beoutQ by prominent Saudi nationals
7.2.3.3.4
Evidence regarding the targeting of the Saudi market by beoutQ
7.2.3.3.5
Evidence regarding the transmission of beoutQ's broadcasts via Arabsat
7.2.3.3.6
Evidence regarding the involvement of Selevision
7.2.3.4 Public screenings of beoutQ's broadcasts
7.3
Claims under Parts I, II and III of the TRIPS Agreement
7.3.3.2.1
Applicable legal standard
7.3.3.2.2
Application to the facts
7.3.3.3
Claim under Article 61 of the TRIPS Agreement regarding criminal
procedures
7.3.3.3.1
Applicable legal standard
7.3.3.3.2
Application to the facts
7.3.3.4
Claims under Part I and Part II of the TRIPS Agreement
7.4
Saudi Arabia's invocation of Article 73(b)(iii) of the
TRIPS Agreement
7.4.3.1
Applicable legal standard
7.4.3.2
"taken in time of war or other emergency in international relations"
7.4.3.3
"action which it considers necessary for the protection of its essential
security
interest"
7.4.3.3.2
The "actions" covered by Saudi Arabia's invocation of
Article 73(b)(iii)
7.4.3.3.3
Saudi Arabia's articulation of its "essential security interests"
7.4.3.3.4
The connection between the measures and the essential security interests
