China Law & Practice

Follow us:

profile

China Law & Practice

CLP_editorial

CLP_editorial profile

AmCham warns of China protectionism (again): http://t.co/w5mSgad9LV but banks pushing for a BIT: http://t.co/w5mSgad9LV

Feb 12 2015 04:02 ·  reply ·  retweet ·  favourite
CLP_editorial profile

RT @denisfberger: Shanghai IP court head Judge Wu on establishment of technical department and technical investigators - http://t.co/lZORwG…

Feb 12 2015 03:59 ·  reply ·  retweet ·  favourite
CLP_editorial profile

Ai-Leen Lim leaves @twobirds to join @Awapatent as CEO of their new Asia offices in BJ and HK: http://t.co/KOw2IRC7oZ

Feb 10 2015 02:53 ·  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.

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.
**