REQUEST FOR THE

ESTABLISHMENT OF A PANEL
My authorities have instructed me to request the
establishment of a panel pursuant to Articles 4.7 and 6 of the
Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Article XXIII of the General
Agreement on Tariffs and Trade 1994 ("GATT 1994") and
Article 64.1 of the TRIPS Agreement concerning the
destruction of the shipments of ANCOP’s vaccines in transit
from Arion to Boutica via Versania.

On XX/XX/2022 Arion requested consultations with Versania

pursuant Articles 1 and 4 of the DSU, Article XXII of the GATT
1994, and Article 64.1 of the TRIPS Agreement. This request
was circulated in a written form. The consultations were
previously held with a view to reaching a mutually agreed
solution, but unfortunately failed to settle the dispute.

As a result, Arion respectfully requests that a panel be

established to examine the measures at issue on the basis of
the standard terms of reference as set out in Article 7.1 of the
DSU.

1. A measure at Issue

The measures at issue covered in this panel request are:

1. Seizure and destruction of shipment of ANCOP’s vaccines

in transit from Arion to Boutica through Versania on 15
 August, 2022.

2. Intellectual Property Board decision authorising the

Versanian Customs Office at the border with Arion to seize
and destroy all shipments of ANCOP’s vaccines in transit
from Arion to Boutica through Versania.

3. Legal basis for the compliant

In Arion's view, the measures described in the Section 1 above

are inconsistent with the Versania's obligations under the
following provisions of the GATT and TRIPS Agreement:

1. Articles 41.1, 51 and 52 of the TRIPS Agreement because

Versania’s enforcement measures were applied in such a
manner that created barriers to legitimate trade.

2. Article V(2) of the GATT because the freedom of transit

through the territory a WTO member was violated.

3. Paragraph 3(c) of the 2022 Ministerial Decision on the

TRIPS Agreement because the Versania's enforcement
action is based on the categorisation of transfer of ANCOP
VAX through its territory as importation of the vaccine in
question.

4. Request for the establishment of a panel

In light of the above, in accordance with Articles 4.7 and 6 of
the DSU, Article 64.1 of the TRIPS Agreement and Article XXIII
of the GATT 1994, Arion requests that the DSB establish a
panel to examine this matter. Arion further requests that the
panel have the standard terms of reference, as set forth in
Article 7.1 of the DSU.

Arion asks that this request be placed on the agenda of the

DSB meeting to be held on 15 of March 2023.

This request for the establishment of a panel is without

prejudice to the right of the parties to request the possible
undertaking of good offices, conciliation or mediation under
Article 5 of the DSU.