A New Dispute Concerning the TRIPS Agreement: the United States and China in the WTO

Roy, A

A New Dispute Concerning the TRIPS Agreement: the United States and China in the WTO

Roy, A

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Publisher:: Lexis Nexis Butterworths
Publication Type:: Journal Article
Citation:: Media and Arts Law Review, 2008, 13 (3), pp. 324 - 334
Issue Date:: 2008-01

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Field	Value	Language
dc.contributor.author	Roy, A	en_US
dc.date.issued	2008-01	en_US
dc.identifier.citation	Media and Arts Law Review, 2008, 13 (3), pp. 324 - 334	en_US
dc.identifier.issn	1325-1570	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10539
dc.description.abstract	On 10 April 2007, the United States filed a complaint against China in the dispute settlement body of the World Trade Organization (WTO) with respect to the protection and enforcement of intellectual property rights. The United States has requested "consultations" with China on four separate matters: the threshold requirements for criminal procedures and penalties in Chinese law; the disposal of goods confiscated by Chinese customs authorities that infringe intellectual property rights; the issue of copyright and related rights protection for works that have not been authorized for publication or distribution within China; and the unavailability of criminal procedures and penalties for persons engaged in unauthorized reproduction or unauthorized distribution of copyrighted works. Despite widespread allegations of intellectual property piracy, this is the first official complaint that has been lodged against China in the WTO with respect to its obligations under the TRIPS Agreement. While consultations with China have been requested, no dispute settlement panel has been established with respect to the complaint. This note will outline the complaint against China in more detail.	en_US
dc.publisher	Lexis Nexis Butterworths	en_US
dc.relation.ispartof	Media and Arts Law Review	en_US
dc.title	A New Dispute Concerning the TRIPS Agreement: the United States and China in the WTO	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	13	en_US
utslib.for	1801 Law	en_US
utslib.for	2001 Communication and Media Studies	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.volume	13	en_US

Abstract:

On 10 April 2007, the United States filed a complaint against China in the dispute settlement body of the World Trade Organization (WTO) with respect to the protection and enforcement of intellectual property rights. The United States has requested "consultations" with China on four separate matters: the threshold requirements for criminal procedures and penalties in Chinese law; the disposal of goods confiscated by Chinese customs authorities that infringe intellectual property rights; the issue of copyright and related rights protection for works that have not been authorized for publication or distribution within China; and the unavailability of criminal procedures and penalties for persons engaged in unauthorized reproduction or unauthorized distribution of copyrighted works. Despite widespread allegations of intellectual property piracy, this is the first official complaint that has been lodged against China in the WTO with respect to its obligations under the TRIPS Agreement. While consultations with China have been requested, no dispute settlement panel has been established with respect to the complaint. This note will outline the complaint against China in more detail.

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http://hdl.handle.net/10453/10539