SAUDI ARABIA – MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS REQUEST FOR THE ESTABLISHMENT OF A PANEL BY QATAR
Document: REQUEST FOR THE ESTABLISHMENT OF A PANEL
Date: 19 November 2018
Document codes: WT/DS567/3
Complainant: Qatar
Respondent: Saudi Arabia
Third parties: Australia, Bahrain, Brazil, Canada, China, EU, India, Japan, South Korea, Mexico, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine, UAE, U.S., Yemen
Dispute stage: Panel
Agreements cited: Art. VI:1, VI:2(a), VI:3  GATT 1994Art. 3.1, 4, 9, 14.3, 16.1, 41.1, 42, 61  Intellectual Property (TRIPS)Art. 3.1, 3.2, 3.5, 12.2.2  Anti-dumping

SAUDI ARABIA – MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL
PROPERTY RIGHTS
REQUEST FOR THE ESTABLISHMENT 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.

Saudi Arabia ("Saudi Arabia") pursuant to Article 4 of the Understanding on Rules 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 following 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 economic 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 prohibited 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

Circular states 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
broadcasting. 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 Saudi 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 programs 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 intellectual 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".

(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 bases 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 (including 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, 11bis and 11ter of the Berne Convention.
(d) Article 14.3 of the TRIPS 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 wireless 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 41.1 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 deterrent 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

right holders civil judicial procedures concerning the enforcement of intellectual
property rights covered by the TRIPS Agreement.
(h) Article 61 of the TRIPS Agreement, because 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.