Navigation Menu

Other Services

Skip to Navigation menu Skip to top of page

WEEKLY NEWS - OCTOBER 10, 2008

RELATED ARTICLES

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

US-China draft WTO resolution leaked

Peter Ollier, Hong Kong

The USTR has won two parts of its IP case against China at the WTO, but is said to have lost on a key point dealing with criminal enforcement of trade mark infringement

The reports are based on a leaked draft interim report that was circulated to the US and China and is part of the WTO’s dispute resolution process.

Although the details of the interim report are confidential, a USTR official told Managing IP: “In response to published press reports, we can confirm that the panel agreed with the United States on two out of three US claims. We are, of course, still reviewing the report, but so far are very pleased that the Panel has found that China has violated its WTO obligations.”

In April 2007 the USTR brought two cases against China at the WTO. The first case (DS-362) makes three complaints: that China’s system of thresholds for criminal enforcement of trade mark infringement is inadequate; that its practice of removing the infringing part of counterfeit goods and reintroducing them into channels of commerce is against WTO rules; and that China is denying copyright protection to books and films that have not been authorised by the censors.

The second case (DS-363) concerns China’s alleged barriers to trade in books, music, videos and films.

Continue reading this story here (subscribers and free triallists only).



Add Your Comment


  • All comments are subject to editorial review.




Email a friend

  • All fields are compulsory

To include more than one recipient, please separate each email address with a semi-colon ';'






Email the editor

  • All fields are compulsory