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RT @business: The one chart to get you up to speed on China's market moves http://t.co/cjxVJTG0Re http://t.co/mJAOvbYpBQ

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A fake Goldman Sachs in Shenzhen? http://t.co/iDgJjc2wzE via @business

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RT @george_chen: How Baidu, Tencent and Alibaba are leading the way in China's big data revolution http://t.co/Vz8MlUh73B via @CKGSB http:/…

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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...


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