China WTO continued

Upon looking at the website of the United States Trade Representative, a PDF file was posted on the 26th of January titled “United States Wins WTO Dispute Over Deficiencies In China’s Intellectual Property Rights Laws.”

This 3-page document mentions that Acting Representative Peter Allgeier announced that “China’s intellectual property rights regime to be inconsistent with China’s obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).”

It goes on to say: The United States brought claims against China because of serious concerns about several shortcomings in China’s legal regime for protecting and enforcing copyrights and trademarks on a wide range of products.

The United States originally filed its complaint in April of 2007.

The US had problems with three parts of China’s IP enforcement laws:

1. First is the “content review” criterion as being too vague and impermissible as part of the Berne Convention.

2. Removing the identifying marks on counterfeit items isn’t enough to protect IP concerns.

3. Criminal prosecution only results when certain thresholds are met, such as a certain number of counterfeit DVDs.

China has yet to respond, according to my data.


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