In a new twist to the Newcastle United takeover story, Saudi Arabia has formally filed an appeal against the World Trade Organization’s June ruling that the Kingdom had facilitated piracy in the broadcast of Premier League matches. The appeal has ‘perplexed’ Qatar and those following the saga as Riyadh had initially claimed that the ruling was in its favour.
The issue began when Qatari sports broadcasting network, beIN Media Group, accused Saudi-based pirate pay broadcaster beoutQ of stealing its signals and broadcasting them as their own. BeIN has exclusive broadcasting rights for international tournaments throughout MENA and parts of Europe, while beoutQ emerged soon after the 2017 Gulf blockade of Qatar as a challenge to beIN’s dominance in the region.
The WTO’s June ruling concluded that Riyadh was involved in acts “that, directly or indirectly, have had the result of preventing beIN (Media Group) from obtaining Saudi legal counsel to enforce its IP (intellectual property) rights through civil enforcement procedures before Saudi courts and tribunals”. It further stated that Saudi Arabia had breached the agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), which is a minimum standard for the body’s member states in the context of IP involving nationals of fellow member states. Qatar also alleged that Riyadh did not prosecute beoutQ despite its illegal activities running on its state-regulated servers.
The intergovernmental body further recommended that the Kingdom align its measures to conform with its agreed-upon international obligations. It also declared that Doha, who had brought the complaint forward, had established with proof that Riyadh has not begun any criminal proceedings towards beoutQ despite prima facie evidence that the channel is operated by Saudi entities.
Saleh Al Husseini, Riyadh’s representative to the WTO, said that the Kingdom believes that the ruling constitutes “errors of law and legal interpretation that need to be corrected”. The Saudi appeal says that the government has been “vindicated” and rejects the trade body’s conclusion that the Premier League was not allowed to take action against beoutQ in its courts. It is also appealing against the statement that beIN was not given access to legal counsel to enforce its IP in the Kingdom.
However, as noted by The Guardian, it is highly unlikely that the Saudi appeal will be heard any time soon, since the United States (US) has blocked appointments to the organization’s dispute settlement Appellate Body, which currently does not have the required minimum number of judges. Riyadh has also decided against taking the fast-track route of appealing through the WTO’s arbitration process.
The ruling, however, has opened a can of worms regarding the Saudi administration’s involvement in piracy. The ordeal has damaged the Kingdom’s $380 million takeover of an 80% stake in Newcastle United, with the group withdrawing from the deal as it is ‘no longer commercially viable’. This is because, for the past 17 weeks, the Premier League has been investigating links between the Saudi state and its Public Investment Fund, which is chaired by Crown Prince Mohammed bin Salman. The League has not reached a resolution on this yet.
Saudi Arabia Appeals WTO Ruling on Piracy, Qatar ‘Perplexed’
Saudi investors have also pulled out of a $380m deal to takeover Newcastle United
July 31, 2020
SOURCE: CHRONICLE LIVE