Saudi Arabia – Measures Concerning the Protection of
Intellectual Property Rights
Communication from Qatar
The following communication, dated 23 June 2020, was received from the
delegation of Qatar with
the request that it be circulated to the Dispute Settlement Body (DSB).
_______________
Subject: Saudi Arabia – Measures Concerning
the Protection of Intellectual
Property Rights (DS567) - Saudi Arabia's Communication
of 2 June 2020 (WT/DSB/COM/9)
On 16 June 2020, the Secretariat circulated,
as document WT/DSB/COM/9, a communication from Saudi Arabia dated 2 June 2020
and titled "Systemic Issue of the Lack of Remedy to the Breach of
Confidentiality in WTO Dispute Settlement Proceedings".
Saudi Arabia's communication appears to be
primarily concerned with criticizing a panel's procedural ruling, while also
repeating unfounded allegations regarding the conduct of Qatar and its
delegation, in the course of the proceedings in Saudi Arabia
– Measures Concerning Protection of Intellectual Property Rights (DS567). Saudi Arabia also seeks to mischaracterize
the substantive findings of the Panel in a manner suggesting they are somehow
favourable to Saudi Arabia.
As Saudi Arabia has inscribed a discussion of
this issue on the agenda for the DSB meeting on 29 June 2020, Qatar takes this
opportunity, in advance of the DSB meeting, to set the record straight.
Under cover of a submission purportedly about
a "systemic issue", Saudi Arabia first uses its communication as an
opportunity to complain to the WTO membership about a procedural decision made
by the Panel in DS567. As Saudi Arabia
explains, a few weeks prior to circulation of the Panel Report, it complained
to the Panel about the content of a press report in the newspaper "The
Guardian", published on 26 May 2020.
That article addressed the problem of broadcast piracy in Saudi Arabia
and highlighted, among other things: serious concerns expressed by FIFA, UEFA,
the Premier League and La Liga about the notorious Saudi-based pirate
"beoutQ"; the fact that the British government had repeatedly
expressed concern to Saudi Arabia about beoutQ at a Ministerial level; and the
European Commission's naming of Saudi Arabia in a January 2020 report for
failing to "crack down" on beoutQ.1 Regrettably, the press
report also made statements about findings of the Panel in DS567 at a time when
the Panel Report was still confidential.
As Saudi Arabia sets out, rather than authorizing Saudi Arabia to
discuss the Panel Report prior to circulation, the Panel reiterated (as it
must) that the Panel Report was to remain strictly confidential until
circulation.
1 Newcastle takeover in serious doubt as WTO rules pirate TV channel is
Saudi, The Guardian (26 May 2020).