A New Dispute Concerning the TRIPS agreement: The United States and China in the WTO
- Publisher:
- Wiley-Blackwell Publishing Ltd.
- Publication Type:
- Journal Article
- Citation:
- Roy Alpana 2007, 'A New Dispute Concerning the TRIPS agreement: The United States and China in the WTO', Wiley-Blackwell Publishing Ltd., vol. 10, no. 6, pp. 476-484.
- Issue Date:
- 2007
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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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