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 […]

China Appeals WTO DS 363 About Market Access of Copyrighted Goods

China is appealing the panel decision DS 363 (Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products) by the Dispute Settlement Body, in which many of the US allegations were uphold. According to the BBC, no documents with the grounds for the appeal have been released, yet. How does a […]

Creemers’ Summary Of And Comments On DS363

Rogier Creemers of the University of Maastricht summarised 491 pages of the panel report on DS363: China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Product, and gave some comments, see here.

WTO Report of the Panel DS363

Intellectual property enforcement and market access are interrelated. About the first part we have seen the report DS362, and August 12th 2009, WTO’s panel issued a report about the latter: DS363: China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Product. See here all 491-pages of the report. Must […]

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 […]

Do ACTA Member Countries Want to Confront China With A Fait Accompli?

Since April 9, when I blogged ‘China and ACTA: Why the problem is not made part of the solution‘, new information about the Anti-Counterfeiting Trade Agreement (ACTA) has leaked, see Wikileaks here. It makes you realise how transparent the founding parties to ACTA want to be. Compare the United States Trade Representative posting a 6 […]

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 […]

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 […]

Next Step in WTO Copyright Case Against China: Investigation Panel

Today, the WTO has decided to establish a panel to investigate the claim by the US that China enforces IP insufficiently. Yan Liang of Xinhua writes:“The panel decision was automatically made at a meeting of the WTO’s Dispute Settlement Body, following a second request by the United States. Washington’s first request for such a panel […]

IP in China; Never a Dull Moment

As the previous message pointed out, IP Dragon was occupied, so when I resumed blogging I immediately was confirmed by the facts and developments that this field of law is dynamic and fascinating, indeed: America’s WTO case against China challenging deficiencies in IPR laws have reached a new status, the US Trade Representative announced today […]

Sino-American WTO Consultations Disaster, Blame Game Ensues

April 10, the US filed two formal complaints against China at the WTO, one for unsufficient IP and one for lack of market access for copyrighted goods. After a formal complaint at the WTO the two parties had 60 days for consultations. The US and China only took two days (5-6 June about market access […]

Customs Auction Notice To Prevent Infringing Goods Reentering Channels of Commerce

Just before the US made two formal complaints against China at the WTO on April 10, 2007 (the WTO cases are: China – Measures affecting the protection and enforcement of intellectual property rights, Request for Consultations by the United States, WT/DS362/1 and China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and […]

EU Will Not Support US WTO Piracy Case: Good Cop Approach

The EU is not joining the US in filing formal complaints at the WTO in Geneva against China for inadequate copyright and trademark rights enforcement. Although the EU agrees with the WTO case against China in substance, it is not willing to burn its fingers, anxious for economical retaliations. Ben Blanchard of the Guardian Unlitited […]

Cooperation Instead of Conflict Urges James Tunkey of I-OnAsia About the WTO Case

James Tunkey, I-OnAsia‘s COO International, was not amused about the United States’ filing of dispute settlement cases at the WTO involving China’s IPR regime. Tunkey: “Counterfeiting is a global problem whose solution necessitates international cooperation. Counterfeit products are manufactured in many countries. Indeed, the largest and most damaging counterfeit operations are truly global. Funding, technical […]

WTO Case Against China: Choose Your Battles Wisely

IP Dragon was away for a few days and the IP in China landscape has dramatically changed. China came with its Action Plan on IPR Protection 2007. China’s Supreme People’s Court and Supreme People’s Procuratorate promulgated a new judicial interpretation that lowered the numerical thresholds for criminal IP infringements. See the draft version in English […]

Sino-US relationship about IPR enforcement: New Cyclus of Threats and Reassurances

Karan Bhatia, deputy US trade representative said: “Last October, we informed China we would be filing such a case, but then agreed to hold off, with the support of US industry, when China asked for further bilateral discussion. If it becomes clear that negotiations will not be successful, then we will proceed with WTO dispute […]