WT/DS567/3  
 
19 November 2018  
(18-7245) Page: 1/4 
  Original: English  
 
SAUDI ARABIA – MEASU RES CONCERNING THE P ROTECTION OF INTELLE CTUAL 
PROPERTY RIGHTS  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY QATAR  
The following communication, dated 9 November 2018, from the delegation of Qatar to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
1. On 1 October 2018, the State of Qatar ( "Qatar ") requested consultations with the Kingdom of 
Saudi Arabia ( "Saudi Arabia ") pursuant to Article 4 of the Understanding on Ru les and Procedures 
Governing the Settlement of Disputes ("DSU") and Article 64.1 of the Agreement on Trade -related 
Aspects of Intellectual Property Rights ("TRIPS Agreement "). The request concerned Saudi Arabia 's 
failure to provide adequate protection of i ntellectual property rights, in particular with respect to 
intellectual property rights held (or applied for) by entities based in Qatar.  
2. On 11 October 2018, Qatar received a communication from the Chairman of the Dispute 
Settlement Body ( "DSB") covering a  communication from Saudi Arabia, stating that Saudi Arabia 
would not engage in consultations with Qatar. Saudi Arabia 's refusal to engage in consultations with 
Qatar is inconsistent with Article 4.3, which requires Saudi Arabia to "enter into consultation s in 
good faith within a period of no more than 30 days after the date of receipt of the request ". As a 
result of Saudi Arabia 's refusal to engage in consultations with Qatar, the dispute has not been 
resolved.   
3. Therefore, Qatar requests, pursuant to Arti cles 4.7 and 6 of the DSU and Article 64.1 of the 
TRIPS Agreement , that the DSB establish a panel to examine the matter referred to the DSB by 
Qatar in this document, with the standard terms of reference described in Article 7.1 of the DSU.  
4. In the followi ng sections, Qatar identifies the specific measures at issue and provides a brief 
summary of the legal basis of the complaint sufficient to present the problem clearly.  
A. Measures at issue  
5. The measures at issue in this request include all written and unwritten, published and 
unpublished, measures (including omissions) that have resulted in Saudi Arabia 's failure to protect 
intellectual property rights, including with respect to intellectual property rights held (or applied for) 
by, inter alia , Qatari e ntities and Qatari individuals. The measures, individually and collectively, 
affect trade -related aspects of  intellectual property rights.  
6. In June 2017, Saudi Arabia imposed a scheme of diplomatic, political, and e conomic measures 
against Qatar. Such measu res impacted, inter alia , the ability of Qatari nationals to protect 
intellectual property rights in Saudi Arabia.   
7. The multiple Qatari companies severely impacted by these measures include beIN Media 
Group LLC and affiliates ( "beIN"). Saudi Arabia has pr ohibited beIN from broadcasting its content in 
Saudi Arabia.   
8. Among Saudi Arabia 's measures is a 19 June 2017 Circular, issued by the Saudi Ministry of 
Culture and Information together with the General Commission of Audio and Visual Media. This WT/DS567/3  
 
- 2 - 
 
  Circular s tates that distribution of beIN media content and charging of related fees in Saudi Arabia 
"shall result in the imposition of penalties and fines and the loss of the legal right to protect any 
related intellectual property rights .... ". 
9. Soon thereafter, in  early August 2017, a sophisticated broadcast pirate named "beoutQ " 
emerged, taking beIN 's copyrighted media content (along with beIN 's trademarks) without 
authorization, and making it accessible on beoutQ platforms, via the Internet and satellite 
broadcas ting.  beoutQ 's unauthorized satellite broadcasts are transmitted via satellites of the Saudi -
based Arab Satellite Communications Organization ( "Arabsat ") to beoutQ 's subscribers. To enable 
receipt of the satellite broadcasts, beoutQ (an entity based in Sa udi Arabia) has sold, and continues 
to sell, set -top decoder boxes throughout Saudi Arabia.  As a result, beoutQ 's unauthorized Internet 
and satellite broadcasting of beIN 's content has been available on a commercial scale. In addition, 
the beoutQ set -top boxes allow users to install Internet Protocol Television ( "IPTV") applications; 
such applications enable illegal access via the internet to hundreds of proprietary television channels 
and thousands of on -demand programming hours, including channels and pr ograms from beIN and 
many other broadcasters from around the world.  
10. Despite extensive evidence of involvement of Saudi nationals, entities and facilities in the 
distribution of beoutQ throughout Saudi Arabia (and beyond), the Saudi authorities have refused  to 
take any effective action against beoutQ. Instead, the Government of Saudi Arabia (including both 
the central and municipal governments) has supported beoutQ, including by denouncing beIN 's 
requests to investigate and prevent the pirate 's unauthorized broadcasts, and by promoting public 
gatherings with screenings of beoutQ 's unauthorized broadcasts.  
11. The Saudi authorities ' support of beoutQ has also taken the form of restrictions on, or other 
acts or omission that frustrate, beIN 's ability to pursue civil actions before the Saudi courts. Through 
a variety of means, including by effectively preventing independent Saudi legal counsel from 
representing beIN in Saudi courts, the Saudi authorities have prevented beIN from accessing 
enforcement procedures against infringement of its intellectual property rights.  
12. The copyrighted materials captured by beoutQ 's unauthorized broadcasts encompass not only 
works created by beIN itself, but also works created by content providers from around th e world, 
including the United States, the European Union and its Member States, and Switzerland, many of 
which have provided exclusive licenses to beIN for the Saudi Arabian market. In addition, the IPTV 
applications on beoutQ set -top boxes provide access,  in the territory of Saudi Arabia, to hundreds 
of television channels and thousands of on -demand programs from around the world, without the 
authorization of the intellectual property right holders.  
13. Without limiting the scope of the general description of the measures in the preceding 
paragraphs, the measures at issue include the following specific acts and/or omissions:  
(i) Saudi Arabia 's acts and omissions that result in Qatari nationals being unable to 
protect1 their intellectual property rights, including copyrights, broadcasting rights, 
trademarks and other forms of intellectual property;  
(ii) Saudi Arabia 's acts and omissions that result in failure to accord Qatari nationals 
treatment no less favourable than that accorded to Saudi Arabia 's own nationals or 
nationals of other countries, with regard to the protection of intellectual property 
rights, including copyrights, broadcasting rights, trademarks and other forms of 
intellectual property;  
(iii) Saudi Arabia 's acts and  omissions that make it unduly difficult for Qatari nationals 
to access civil judicial remedies, or to seek remedies, in respect of enforcement of 
intellectual property rights, including copyrights, broadcasting rights, trademarks 
and other forms of intell ectual property rights; and,  
                                                
1 For greater clarity, the terms "protect " and "protection " have the meaning provided in footnote 3 of 
the TRIPS Agreement, and encompass "matters affecting the availability, acquisition,  scope, maintenance and 
enforcement of intellectual property rights as well as those matters affecting the use of intellectual property 
rights specifically addressed in this Agreement ". WT/DS567/3  
 
- 3 - 
 
  (iv) Saudi Arabia 's omission to prosecute, as a criminal violation, piracy on a commercial 
scale, of material in which copyright is owned by, or licensed to, Qatari nationals, 
and other rights holders from around the world.  
B. Legal ba ses of the complaint  
14. Qatar considers that the measures at issue taken by Saudi Arabia, as described in Section A 
of this request, are inconsistent with Saudi Arabia 's obligations under the WTO covered agreements.   
15. Specifically, certain measures appear to  violate:  
(a) Article 3.1 of the TRIPS Agreement , because by creating obstacles for Qatari 
nationals (including but not limited to beIN ), which are not faced by 
Saudi  nationals, that hinder or block their ability to protect their intellectual 
property rights (i ncluding copyrights, broadcasting rights, trademarks and other 
forms of intellectual property) in the territory of Saudi Arabia, Saudi Arabia has 
failed to accord to Qatari nationals treatment no less favoura ble than that 
accorded to Saudi  Arabia 's own nat ionals with regard to the protection of 
intellectual property.  
(b) Article 4 of the TRIPS Agreement,  because by creating obstacles for Qatari 
nationals (including but not limited to beIN), which are not faced by nationals of 
other countries, that hinder or blo ck their ability to protect their intellectual 
property rights (including copyrights, broadcasting rights, trademarks and other 
forms of intellectual property) in the territory of Saudi Arabia, Saudi Arabia has 
failed to accord, immediately and uncondition ally, to Qatari nationals the 
advantages, favours, privileges and immunities granted by Saudi Arabia to the 
nationals of other countries with regard to the protection of intellectual property.  
(c) Article 9 of the TRIPS Agreement , because Saudi Arabia has failed to provide 
authors of works (including pre -recorded and live programming) with the 
exclusive rights of authorizing, inter alia , the reproduction, broadcasting, 
rebroadcasting, public performances or public recitation of th eir works, as 
required by the Berne Convention for the Protection of Literary and Artistic Works 
(1971) ( "Berne Convention "), as incorporated into the TRIP S Agreement, 
including Articles  9, 11, 11 bis and 11 ter of the Berne Convention.  
(d) Article 14.3 of the T RIPS Agreement , because Saudi Arabia has failed to provide 
broadcasting organizations (and the owners of copyright in the subject matter of 
the broadcasts) with the right to prohibit unauthorised fixation, reproduction of 
fixation, and rebroadcasting by wi reless means of broadcasts.  
(e) Article 16.1 of the TRIPS Agreement , because Saudi Arabia has failed to provide 
the owners of registered trademarks (including, in particular, Qatari owners) with 
the exclusive right to prevent all third parties not having the o wner's consent 
from using, in the course of trade, identical or similar signs for goods or services 
which are identical or similar to those in respect of which the trademark is 
registered, where such use would result in a likelihood of confusion.  
(f) Article 4 1.1 of the TRIPS Agreement , because by restricting intellectual property 
right holders (including Qatari rights holders) from pursuing civil actions before 
Saudi courts (or otherwise frustrating their ability to do so), Saudi Arabia has 
failed to ensure th at enforcement procedures against infringement of their 
intellectual property are available so as to permit effective action against such 
acts of infringement, including expeditious remedies to prevent infringements and 
remedies which constitute a deterren t to further infringements . 
(g) Article 42 of the TRIPS Agreement , because, by preventing intellectual property 
right holders (including Qatari rights holders) from bringing enforcement 
procedures against infringement of their intellectual property (or otherwi se 
frustrating their ability to do so), Saudi Arabia has failed to make available to WT/DS567/3  
 
- 4 - 
 
  right holders civil judicial procedures concerning the enforcement of intellectual 
property rights covered by the TRIPS Agreement.  
(h) Article 61 of the TRIPS Agreement , becau se Saudi Arabia has failed to provide for 
criminal procedures and penalties to be applied in cases of wilful trademark 
counterfeiting or copyright piracy on a commercial scale.  
*****  
16. This request for establishment of a panel also concerns any modification,  replacement or 
amendment to the measures identified above, and any closely connected, subsequent measures.  
17. Qatar asks that this request be placed on the agenda for the next meeting of the DSB.  
__________