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    IPR Remains Among Top USTR Priorities For China In 2014

    Published on 7 January 2014 @ 6:17 pm

    By , Intellectual Property Watch

    The Office of the United States Trade Representative will again make intellectual property rights a top priority in trade relations with China in 2014, and will not hesitate to take actions such as to bring World Trade Organization dispute settlement cases as needed, USTR has said.

    USTR’s priorities for China are listed in the 2013 USTR Report to Congress [pdf] on China’s compliance with World Trade Organization obligations. This is the 12th review of China’s implementation since it joined the WTO in December 2001.

    Key developments in 2013 included China’s commitment to work on issues related to trade secret theft, and its affirmation of patent protection for pharmaceuticals, USTR said.

    In 2014, China can expect a long list of continuing demands from the United States, with intellectual property rights right up there among the top issues.

    The report states: “The United States will continue to engage China on important issues in the areas of investment restrictions, innovation, intellectual property rights, technology localization, industrial policies, state-owned enterprises, government subsidization, excess production capacity, administrative licensing, government procurement, taxation, standards development, express delivery services, financial services, telecommunications services, Internet-related services, legal services, pharmaceuticals, medical devices and transparency, among others. In the area of agriculture, the two sides agreed to continue their discussions on U.S. beef products, with the shared goal of achieving a resumption in market access by July 2014. The United States also will continue to seek needed improvements in China’s biotechnology approval system.”

    On IP rights, USTR highlighted achievements, but said: “However, critical changes to China’s legal framework are still needed in several areas, such as further improvement of China’s measures for copyright protection on the Internet following China’s accession to the World Intellectual Property Organization (WIPO) Internet treaties, correction of continuing deficiencies in China’s criminal IPR enforcement measures, and updating and streamlining China’s laws and regulations on trade secrets.”

    USTR said even existing IP laws in China continue to be plagued by lack of enforcement, leading to a further tens of billions of dollars in losses to US businesses from counterfeiting and piracy.

    Other IPR areas of concern are China’s ongoing use of unauthorised software in goverment and in Chinese companies, internet intermediary liability making online “those who facilitate” online infringement liable,

    And USTR continued to struggle with China’s “Indigenous Innovation” programme aimed at encouraging domestic innovation to the possible disadvantage of foreign competitors.

    When continued intensive bilateral engagement fails, USTR said it is prepared to take action. It said:

    “[A]s has been demonstrated, when bilateral discussions fail to resolve key issues, the United States will remain prepared to take other types of action on these issues, including WTO dispute settlement where appropriate, given the importance of an effective, TRIPS Agreement-compliant system for IPR enforcement.”

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Top 10 IP and Patent News Update - Article One Partners says:

      […]  IPR Remains Among Top USTR Priorities for China in 2014 – IP Watch […]

    2. Copywrong » USTR Tells China To Do ‘Spot Checks On Libraries’ To Make Sure They’re Not Violating Copyrights says:

      […] report to Congress about China obviously lists “intellectual property” enforcement as a “top priority” because that’s what the USTR always does. Of course, as we’ve pointed out in the past, […]

    3. U.S. Trade Agency’s China Focus Good for Cleantech Companies | CleanTechies Blog - CleanTechies.com says:

      […] it did last year, the USTR will again make intellectual property rights (IPR) a top priority in trade relations with China in 2014. While Hollywood movie copyrights and drug patents may be the […]

    4. U.S. Trade Agency’s China Focus Good for Cleantech Companies - CleanTechies says:

      […] it did last year, the USTR will again make intellectual property rights (IPR) a top priority in trade relations with China in 2014. While Hollywood movie copyrights and drug patents may be the […]


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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.

     

     
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