Yesterday, it was announced that the Report of the Appellate Body in China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R was published. The three Members of the Appellate Body who served on this appeal were:
Ms. Jennifer Hillman, as Presiding Member, Mr. Shotaro Oshima and Mr. Ricardo Ramírez-Hernández.
You can download the 183 pg report here (see on your right hand side ‘All documents’).
I have not read the whole thing yet, but according to the Financial Times the report has the following conclusion:
- The Appeals Body upheld the Dispute Panel Body ruling that restrictions on imports of US films and music are not allowed under WTO;
- US and other foreign companies should be allowed to import films, music and books into China, rather than through state-owned entities;
- US and other foreign companies should be permitted joint ventures with Chinese companies to dirstribute music over the internet;
- The right to censor foreign films and publications is not challenged, nor the Chinese quota 20 foreign movies a year.
The relation between market access and copyright infringement is simply that market access restrictions for copyrighted products will create demand for copyright piracy.