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    US Requests Second WTO Panel On China’s IP Protection

    Published on 11 October 2007 @ 10:15 pm

    Intellectual Property Watch

    By David Cronin for Intellectual Property Watch
    The United States has decided to step up its challenge to China’s restrictions on copyright-protected books, music and films by asking the World Trade Organization to establish a dispute settlement panel.

    During June and July, the US and China held formal talks over trade restrictions applied by the Beijing authorities. “Those discussions have not led to a resolution of our concerns and so we are taking the next step in this case,” Sean Spicer, a spokesman for the US Trade Representative, said in a release. USTR announced it would seek a dispute panel on 11 October.

    The US contends that laws and regulations in China hinder American firms from selling films, books, newspapers, magazines and CDs there and that this constitutes discrimination.

    The case reflects American frustration with Chinese rules stating that new films and books cannot be copyright protected while they are being reviewed by censors. The US alleges, too, that censorship laws in China are biased against foreign film-makers and artists. And it is dissatisfied by how the distribution of movies and other cultural products is controlled by state-owned companies.

    According to the US, China’s import restrictions breach the terms under which it joined the WTO in 2001, as well as such cornerstones of the international commercial system such as the General Agreement on Tariffs and Trade (GATT) and the WTO General Agreement on Trade in Services (GATS).

    The US had originally launched dispute settlement proceedings with China in April. Its request that its complaint should be taken further is due to be discussed at an October 22 meeting of the WTO Dispute Settlement Body.

    A panel can take up to 18 months before concluding its enquiry.

    This is the fourth case which the US has brought against China in the WTO and the second directly relating to intellectual property issues.

    In August, the US asked that a separate panel should be formed to examine its claim that China’s IP enforcement regime is deficient under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (IPW, US Policy, 27 September 2007; IPW, US Policy, 13 August 2007).

    The US contends that the lack of robust copyright protection in China has triggered the growth of a trade in pirated material including clothes, sports goods, CDs and medicines.

    The Chinese government could not be reached for comment at press time.

    David Cronin may be reached at info@ip-watch.ch.

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.