China Law & Practice

Follow us:

profile

China Law & Practice

CLP_editorial

CLP_editorial profile

An economic downturn means... more layoffs (and more strikes). Here's how to handle them http://t.co/s8oWaEpRVh

Jun 26 2015 04:40 ·  reply ·  retweet ·  favourite
CLP_editorial profile

40 year old meat seized in China http://t.co/L2BGxWpTI4 Will leave this here: the 101s of the new Food Safety Law: http://t.co/BxYREit9sw

Jun 25 2015 10:26 ·  reply ·  retweet ·  favourite
CLP_editorial profile

Very solid overview on changes to #China's Foreign Investment Catalogue + major industries http://t.co/Fnbm2XmpSh #FDI by @NLegal_Global

Jun 17 2015 03:52 ·  reply ·  retweet ·  favourite

Change font size: Switch to default font size Switch to medium font size Switch to large font size

WTO-China IPR case: A mixed result

The US has complained to the World Trade Organisation that China’s IP rights protection and enforcement legislation violates international agreements. A WTO panel has presented its report and both sides are claiming victory. By Jan Bohanes and Adrian Emch, Sidley Austin, Geneva and Beijing.

Date: 16 March 2009

Keywords (click to search): WTO IP rights IPR China US intellectual property trade Sidley Austin

Companies operating in China often complain of widespread violations of intellectual property rights (IPR).1 Over the past few years, the United States government has put diplomatic pressure on China to remedy this situation, mainly by engaging in bilateral contact with Chinese authorities and officials. In April 2007, the US changed its approach and took its complaints to a multilateral forum – the World Trade Organisation (WTO).

    The WTO is an international organisation built on a framework of agreements that cover a vast range of international commercial activities, including trade in goods and services. WTO law also establishes minimum standards for the protection of IPR. The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs Agreement) obliges WTO members to create laws and regulations protecting defined categories of IPR – for instance, patents, trademarks, copyright, integrated circuits and trade secrets – and to establish legal mechanisms through which IP rights holders...


Register with China Law & Practice to unlock our premium content for the next 14 days.

**Full text translations are only available for individual purchase or as part of a subscription.
**