Qatar's Ministry of Commerce Welcomes WTO's Ruling against Saudi Violations of Intellectual Property Rights, Promotion of Piracy

Wazzup Pilipinas!

The Ministry of Commerce and Industry of the State of Qatar welcomed the ruling by the World Trade Organization (WTO) finding that the Kingdom of Saudi Arabia has breached Intellectual Property Rights by refusing to take action against beoutQ piracy channel, and instead actively promoting this piracy.

The WTO's ruling found that the Kingdom of Saudi Arabia has breached its obligations under the WTO Agreement on Trade related Aspects of Intellectual Property Rights ("TRIPS Agreement") and failed to protect intellectual property IP rights by refusing to take action against, and instead actively promoting, sophisticated Saudi based broadcast pirate "beoutQ".

The WTO Panel has called on Saudi Arabia to stop its abuse of IP rights and "bring its measures into conformity" with WTO law.

This is the first time in the seventy-three-year history of the WTO and its predecessor (the GATT) that a Panel has rejected a respondent's attempt to invoke the national security exception as a defense.

The WTO Panel found that Saudi Arabia's failure to take criminal action against beoutQ was so disconnected from any legitimate security interest that it could not meet even "a minimum requirement of plausibility in relation to the proffered essential security interests".

Reacting to the Panel Report, HE the Minister of Commerce and Industry Ali bin Ahmed Al Kuwari said in a statement to Qatar News Agency: "Qatar, and international rights holders, have scored a resounding victory today. We expect Saudi Arabia, especially since it is hosting the upcoming G20, to respect this decisive ruling and end the theft and piracy of IP rights at once. They can start by heeding the WTO's ruling and conducting a fair, timely, and transparent legal proceeding against the perpetrators in order to stop this abuse posthaste."

The ruling came after the State of Qatar filed a formal complaint against the Kingdom of Saudi Arabia through the WTO's Dispute Settlement Body.

In its report published today, the WTO Panel concluded that beoutQ has been pirating copyrighted media content of Qatari company beIN Media Group LLP (beIN) in Saudi Arabia and beyond, including through the sale of beoutQ subscriptions and set-top decoder boxes at numerous retail outlets across Saudi Arabia.

The report said that in addition to pirating beIN's proprietary and licensed sports content, the beoutQ boxes allow access to thousands of pirated movies, TV shows, and TV channels from around the globe, and pirate broadcasts have been transmitted via Saudi-based Arabsat satellite frequencies and a Saudi company, Saudi Selevision Company LLC, has "allowed or assisted beoutQ to broadcast its pirated content on Arabsat".

The report stressed that the piracy has been conducted on a "commercial scale". The Panel concluded this after considering evidence revealing the commercial purpose of beoutQ, such as the sale of advertisements and extensive marketing of the pirate service.

The report pointed out that there were deep-seated and fundamental flaws in Saudi Arabia's commitment to providing enforcement procedures consistent with the TRIPS Agreement, and Saudi Arabia has refused to take any effective criminal action against beoutQ despite being fully aware of the "extensive evidentiary basis for concluding that beoutQ is operated by individuals or entities subject to the criminal jurisdiction of Saudi Arabia.

Saudi Arabia has also restricted or otherwise frustrated the ability of beIN (and its licensors) to pursue civil actions against the infringement of their IP rights, the report added. It further said that the authorities of the Saudi government have "engaged in the promotion of public gatherings with screenings of beoutQ's unauthorized broadcasts", including of the 2018 World Cup.

The Panel's analysis shows how, by allowing beoutQ's theft and piracy to spread unchecked for several years, Saudi Arabia has actively violated its obligations under the TRIPS Agreement to protect the IP rights of Qatari nationals and of high-profile sports and entertainment rights holders from other trading partners, including the United States, the European Union, and the United Kingdom. This is despite complaints by governments around the world, as well as by some of the highest-profile sports leagues and media companies around the globe.

Under this ruling, Saudi Arabia must now heed the WTO Panel's call to stop its abuse of valuable IP rights, and "bring its measures into conformity with its obligations under the TRIPS Agreement".

While the dispute before the WTO Panel focused on IP-related violations, the Panel's findings also highlighted Saudi Arabia's human rights violations directed at Qataris.

The Panel found that Saudi Arabia "expelled Qatari residents and visitors in Saudi territories" with only two weeks' notice - for no reason other than that they were Qatari - and imposed restrictions preventing Qataris from travelling to, or transiting through, Saudi territory.

Moreover, the Panel highlighted that these discriminatory measures were mandated by the Saudi government, finding "the existence of the general anti sympathy measures that directly or indirectly fostered a climate of anti-sympathy against Qatar and Qatari nationals".

It is worth noting that Qatar has initiated several other legal proceedings before the WTO, and other international courts and tribunals, in respect of unlawful actions taken by Saudi Arabia, the United Arab Emirates, Bahrain, and Egypt, since June 2017.

Qatar will continue to pursue justice through these legal actions, while honoring its own international law obligations.

During the session, several WTO Members intervened before the Panel as third parties, supporting aspects of Qatar's position.

In this context, the European Union emphasized that, consistent with the WTO obligations, "criminal procedures and penalties should not be provided only on paper, but should be effective in practice".

Brazil and the European Union pointed to the damage being done to their own rights holders.

Brazil, Canada, the European Union, Japan, Russia, Singapore and Ukraine insisted that Saudi Arabia's invocation of the national security defense must not pass without judicial scrutiny.

The Panel's report is based on extensive evidence submitted by Qatar over the course of multiple written submissions and two oral proceedings, and despite Saudi Arabia's intensive engagement in this process.

PHLPost sets health and safety protocols to fight Covid-19

Wazzup Pilipinas!

The Philippine Postal Corporation (PHLPost) has committed to keep the post office safe for employees and the public in the fight against Covid-19.

PHLPost has emphasized that the safety of its personnel and postal clients are of paramount importance. It has introduced measures to keep its post offices and mail processing facilities accepting postal ID’s, domestic and international mails safe.

For daily health checks, employees and the public are required to declare their whereabouts and health status for easy contact tracing, regularly promotes physical distancing, hand sanitation, regular temperature checking and wearing of facemask. 

To keep its workplace safe, mails and parcels regularly received at the post office are being sanitized and disinfected by its maintenance personnel who wear personal protective equipment (PPEs) for secure working environment.

Work arrangements such as flexible hours, shifting and work-from-home were also adapted according to work requirements.

PHLPost is also committed to fulfill its universal mandate of continuous delivery of important mails from various government and private sectors who are important clients of the agency.

Meanwhile, post offices in the country are now open to serve the public from 8:00am until 5:00pm.

LTFRB, LTO transitions to "new normal" with use of online, cashless transactions

Wazzup Pilipinas!

As the country make adjustments for the “new normal,” amid the coronavirus disease (COVID-19) health crisis, the Department of Transportation (DOTr), through the Land Transportation Franchising and Regulatory Board (LTFRB) and the Land Transportation Office (LTO), is pushing for technological innovations that will lessen human intervention and physical contact in agency transactions.

Starting 16 June 2020, the LTFRB will launch, in the National Capital Region, its latest initiative: the Public Transport Online Processing System (PTOPS). This system, which is still on pilot testing and for consultation with stakeholders from June 1-15, will allow transactions to be made online - making LTFRB services faster and accessible for all its stakeholders. This, however excludes the publication and hearing of cases.

In partnership with PISOPAY.COM, the PTOPS not only aims to make transactions faster and more convenient, but also aims to ensure that physical distancing will be continuously observed, as a precautionary measure to prevent the spread of COVID-19.

Using PTOPS, a user can easily create an account, select the type of transaction, and schedule an appointment online with the LTFRB.

Aside from helping to curb the spread of COVID-19, the new system also prevents opportunities for corrupt practices as there is now lessened human intervention.

"Kailangan na po nating masanay na ito na ang magiging normal simula ngayon. We are making our services accessible at the comfort of your homes and we have to adapt to this new reality. In this way, we lower the risk of possible virus transmission,” LTFRB Chairman Martin Delgra III said.

To recall, aside from PTOPS, the DOTr is also championing the implementation of safety protocols by promoting cashless transactions or digital payments as part of the “new normal.”

The Department has encouraged various digital payment providers to make their services available to transport operators and drivers to pave the way for cashless or contactless transactions in public transportation, such as taxis and transport network vehicle services (TNVS). Additionally, the LTFRB had also directed the use of Radio Frequency Identification (RFID) tags on all public utility vehicles (PUVs) plying expressways and tollways.

For its part, the LTO said the “new normal” procedures will also be practiced in various transactions made with the agency through the Land Transportation Management System (LTMS).

Through the system, anyone can process their transactions online with the LTO to include driver/conductor’s application for renewal of license, requests for revision of records, and requests for Certificate of No Apprehension.

For settlement of traffic violations, motorists with admitted cases may settle their violations outright by paying fines at any LTO District Office Cashier or via electronic payment channels and online banking.

Meanwhile, for contested cases, motorists can submit their position papers online through the LTMS. Notification of hearing schedule and settlement updates will then be sent through electronic mail (e-mail) and through a portal dashboard.

According to LTO Assistant Secretary Edgar C. Galvante, the LTMS is currently on pilot test at some LTO offices which are under the general community quarantine (GCQ).

“We are doing the pilot-test at 24 LTO Offices to iron-out the technical glitches, and thus ensure that everything will run smoothly. Once all are in place, the LTMS will be implemented in all LTO offices nationwide,” Asec. Galvante said.

“The LTMS will limit human intervention so as to comply with the safety protocol advised by health authorities. Aside from this, I encourage everyone to be a responsible motorist so that our roads will be safer and settlements will be less. In this way, we can contribute to the faster healing process of our country,” Galvante emphasized.