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WTO dispute settlement DS567: Saudi Arabia — Measures concerning the Protection of Intellectual Property Rights (a longish thread - stay with me...) 1/14
#NUFC | #NUFCTakeover
#NUFC | #NUFCTakeover
2/14
Was getting haircut
when I got dispute briefing call.
Best moment, WTO rep said: 'I've got you on email list, what's your family name again, Liam? It's not Liam Fox is it? No, Kennedy, that's it.'
#NUFC | #NUFCTakeover
Anyway, on to analysis/thoughts
Was getting haircut
when I got dispute briefing call.Best moment, WTO rep said: 'I've got you on email list, what's your family name again, Liam? It's not Liam Fox is it? No, Kennedy, that's it.'
#NUFC | #NUFCTakeover
Anyway, on to analysis/thoughts
3/14
Background
Oct 18: Qatar requested consultations with KSA concerning alleged failure to provide adequate protection of intellectual property rights held by entities based in Qatar.
16.06.20: After two years of investigations WTO issued its findings.
#NUFC | #NUFCTakeover
Background
Oct 18: Qatar requested consultations with KSA concerning alleged failure to provide adequate protection of intellectual property rights held by entities based in Qatar.
16.06.20: After two years of investigations WTO issued its findings.
#NUFC | #NUFCTakeover
4/14
Complaints mostly apply to the use of BeoutQ as a vehicle to show BeIN products in KSA.
BeIN Sports, as we all know, hold the rights to the Premier League in the MENA region - and again, as we all know, this is where #NUFCTakeover issues come into play.
#NUFC
Complaints mostly apply to the use of BeoutQ as a vehicle to show BeIN products in KSA.
BeIN Sports, as we all know, hold the rights to the Premier League in the MENA region - and again, as we all know, this is where #NUFCTakeover issues come into play.
#NUFC
5/14
In June WTO reported Qatar established KSA did not correctly allow criminal proceedings to be brought against BeoutQ (now shut down). Also the report stated: "BeoutQ (was) operated by individuals/entities under the jurisdiction of Saudi Arabia."
#NUFC | #NUFCTakeover
In June WTO reported Qatar established KSA did not correctly allow criminal proceedings to be brought against BeoutQ (now shut down). Also the report stated: "BeoutQ (was) operated by individuals/entities under the jurisdiction of Saudi Arabia."
#NUFC | #NUFCTakeover
6/14
A further meeting in Geneva today saw the Saudi-Qatar dispute back on the WTO agenda.
And at that meeting Saudi Arabia appealed the findings of the original report.
#NUFC | #NUFCTakeover
A further meeting in Geneva today saw the Saudi-Qatar dispute back on the WTO agenda.
And at that meeting Saudi Arabia appealed the findings of the original report.
#NUFC | #NUFCTakeover
7/14
In a statement sent to me this afternoon, a WTO representative said: "The chair of DSB (dispute settlement body) informed members that Saudi Arabia has filed an appeal regarding the panel report (DS567)...
#NUFC | #NUFCTakeover
In a statement sent to me this afternoon, a WTO representative said: "The chair of DSB (dispute settlement body) informed members that Saudi Arabia has filed an appeal regarding the panel report (DS567)...
#NUFC | #NUFCTakeover
8/14
WTO quote continues: "As a result, the item requesting adoption of the panel report cannot be considered until appeals proceedings are completed."
Findings can't be adopted/recognised in int. trade laws until appeal done. Now it gets interesting...
#NUFC | #NUFCTakeover
WTO quote continues: "As a result, the item requesting adoption of the panel report cannot be considered until appeals proceedings are completed."
Findings can't be adopted/recognised in int. trade laws until appeal done. Now it gets interesting...
#NUFC | #NUFCTakeover
9/14
WTO cannot, at present, complete appeal process as it does not have enough judges on Appellate Body (three required).
Since Dec, Trump administration has blocked new judge appts due to what it views as WTO overreach.
Areet, Donald?
#NUFC | #NUFCTakeover
WTO cannot, at present, complete appeal process as it does not have enough judges on Appellate Body (three required).
Since Dec, Trump administration has blocked new judge appts due to what it views as WTO overreach.
Areet, Donald?
#NUFC | #NUFCTakeover
10/14
So Saudi appeal is shelved indefinitely. Report findings on piracy are off the table (int. law) until appeal is complete. No definitive ruling can be made in the dispute.
Qatar cannot pursue any WTO enforcement action against KSA for non-compliance.
#NUFC | #NUFCTakeover
So Saudi appeal is shelved indefinitely. Report findings on piracy are off the table (int. law) until appeal is complete. No definitive ruling can be made in the dispute.
Qatar cannot pursue any WTO enforcement action against KSA for non-compliance.
#NUFC | #NUFCTakeover
11/14
At the meeting Qatar described issue as 'worst case of broadcasting piracy the world has ever seen' and accused KSA of wanting to avoid consequences of ruling.
Qatar asked for KSA to use different appeal process for binding decision to be issued.
#NUFC | #NUFCTakeover
At the meeting Qatar described issue as 'worst case of broadcasting piracy the world has ever seen' and accused KSA of wanting to avoid consequences of ruling.
Qatar asked for KSA to use different appeal process for binding decision to be issued.
#NUFC | #NUFCTakeover
12/14
KSA & USA said panel was incorrect in finding that only part of Saudi actions were justified under WTO national security exception. They claim it should be WTO members, rather than a panel, who should determine when such an exception is justified.
#NUFC | #NUFCTakeover
KSA & USA said panel was incorrect in finding that only part of Saudi actions were justified under WTO national security exception. They claim it should be WTO members, rather than a panel, who should determine when such an exception is justified.
#NUFC | #NUFCTakeover
13/14
So what does this all mean for #NUFC & #NUFCTakeover?
Well this move was expected, predicted. Saudis have kicked piracy issues re WTO to the long grass.
If this was issue/theme holding up PL O&D test then it would be much more difficult to use as justification for a fail.
So what does this all mean for #NUFC & #NUFCTakeover?
Well this move was expected, predicted. Saudis have kicked piracy issues re WTO to the long grass.
If this was issue/theme holding up PL O&D test then it would be much more difficult to use as justification for a fail.
14/14
It's understood PL & buyers are at stalemate, as per the start of week (see below)...
Does that mean the deal is dead? No. How long will the PL take to come to a decision? Doesn't sound like a call is close.
#NUFC | #NUFCTakeover https://www.shieldsgazette.com/sport/football/newcastle-united/mike-ashley-endgame-are-saudi-takeover-weary-newcastle-united-actually-it-2925589
It's understood PL & buyers are at stalemate, as per the start of week (see below)...
Does that mean the deal is dead? No. How long will the PL take to come to a decision? Doesn't sound like a call is close.
#NUFC | #NUFCTakeover https://www.shieldsgazette.com/sport/football/newcastle-united/mike-ashley-endgame-are-saudi-takeover-weary-newcastle-united-actually-it-2925589
