Happy Mid-Autumn Festival!

First of all Happy Mid-Autumn Festival 中秋節 to you all! For those of you who did not have the pleasure of staring to the moon together with hundreds of picknicking and moon cake eating families in Victoria park here is a quick primer of the event. IP Dragon was delighted to receive an email of […]

China’s New Article 4 Copyright Law: Censored Works Are Copyrighted Too

How would China change its article 4 Copyright Law after the panel decision in the World Trade Organization’s Dispute Settlement (DS 362) case determined that that provision was not compatible with China’s obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) and the Berne Convention for the Protection of Literary and […]

Murdoch, Procrustus and the WTO Copyright Cases

October 12, Sky Canaves of the Wall Street Journal has an article about Rupert Murdoch who is urging China to enforce copyright piracy and open up its market for copyrighted products. See here (or on page 8 of the printed WSJ). Mr Murdoch used the World Media Summit in Beijing to tell the Chinese leadership […]

Effect of DS362 on Copyright Piracy in China Nil?

Rogier Creemers of the University of Maastricht, Faculty of Law, has written an interesting article that will be published in the forthcoming number of European Intellectual Property Review: ‘The Effects of WTO Case DS362 on Audiovisual Media Piracy in China’. “The outcome of the recent WTO case China – Intellectual Property Rights, mainly concerned with […]

Neither US Nor China Appeals Against WS/DS362 report

Ms Kaitlin Mara has an excellent post on Intellectual Property Watch about the acceptance of and reactions to the WTO Dispute Settlement Report (WS/DS362) by the US and China. China is expected to tell how it will implement the changes that are prescribed by the report. The International Centre for Trade and Sustainable Development (ICTSD) […]

Interview with Mr Joseph Simone About Which Steps The US Could Take in regard to IPR in China

IP Dragon’s Danny Friedmann asked foreign registered lawyer and IPR in China specialist Mr Joseph Simone of Baker & McKenzie in Hong Kong about which course of action the US could take after the decision, WTO DS 362 Report, by the dispute settlement panel on United States’ complaint against “China — Measures affecting the protection […]

WTO Report DS362: “Panellists On Your Marks, Get Set, Decide”

The first thing the WTO panel did was to get translations of the People’s Republic of China’s both countries agreed upon (so called mutally agreed translations, fourteen of them). (MAT-1) Criminal Law (Articles 213, 214, 215, 217, 218 and 220);MAT-2) 2007 Judicial Interpretation (Articles 1 through 7);(MAT-3) 2004 Judicial Interpretation (Articles 1 through 17);(MAT-4) 1998 […]

WTO Report DS362

We have been waiting even before 10 April 2007, because a dispute between the US and the People’s Republic of China regarding the protection and enforcement of intellectual property in China, was in the air. Finally the WTO panel published their conclusion on 26 January 2009, read here. So first who were the honorable WTO […]

Professor Daniel Gervais’ New Book Includes: Confidential Interim Report DS 362

Who won the IPR dispute at the WTO between China and the U.S.? That was the name of my blog posting in October 2008 and gave some leaked information. But what does the official information say? According to WTO document WT/DS362/9, that can be found at the site of the WTO dedicated to DS 362 […]

Who Won The IPR Dispute At The WTO Between China and the US?

Remember April 10, 2007, when the US brought claims against China at the World Trade Organisation (WTO) for allegedly violating the TRIPs Agreement because of unsufficient IPR enforcement (DS 362) and lack of market access (DS 363)? Read here. Mr Jonathan Lynn reports about DS 362 for Reuters that sources at the WTO have said […]

Update WTO IPR and Market Access Case Against China, And What Has Antigua To Do With It?

On April 10 the US requested consultations for two, interrelated, WTO cases: DS362 China – Measures affecting the protection and enforcement of intellectual property rights DS363 China – Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products These cases are interrelated, because market access is a contributory factor to intellectual […]