1. Presentation by: Nicholas Jackson Nozim Ishankulov Roberto Gonzalez
United States - China Measures Affecting the Protection and Enforcement of Intellectual Property Rights
Presentation by:
Nicholas Jackson
Nozim Ishankulov
Roberto Gonzalez

2. Agenda Context Timeline WTO Issue Main Party’s Position
Contested Issues (Berne and TRIPS)
Decision and Recommendations
Implementation

3. Context China enters the WTO in 2001
Chinese Copyright Laws were flawed
United States engaged in unsuccessful bilateral negotiations
United States Trade Representative announces WTO cases
No prior proceedings

4. Timeline April 2007 August 2007 September 2007 January 2009 March 2009

5. The WTO Issue The United States request consultations on:
Thresholds for certain acts of trademark counterfeiting and copyright piracy
Goods that infringe intellectual property rights that are confiscated by Chinese Customs authorities
Scope of coverage of criminal procedures
Denial of Copyright and related rights protection

6. United State’s Position
The United States requested that the panel find:
China’s IPR thresholds inconsistent with the TRIPS Agreement
Chinese Customs authorities lack the authority to order destruction or disposal of infringing goods
China’s Copyright laws are inconsistent with the TRIPS agreement

7. China’s Response Thresholds for criminal procedures and penalties
A parallel enforcement system that subjects all infringements to enforcement.
Disposal of infringing goods
The Chinese Customs authorities have wide discretion to dispose infringing goods.
Copyright protection for censored works
The Berne Convention did not affect a country's sovereign right.

8. Contested Issue – Foreign Law
China’s Copyright Law and the Customs measures allegedly violated the TRIPS Agreement and the Berne Convention.

9. Berne Convention for the Protection of Literary and Artistic Works (1886)
Works originating in one of the member state (United States)
must be given the same protection
in each of the other member states (China).

10. TRIPS Agreement Came into effect January 1, 1995
Provides each member with a minimum standard of protection in regards to intellectual property rights
China interpreted the TRIPS Agreement in a way which did not fully cover certain sections of the TRIPS Agreement

11. WTO Agreement and Provisions
TRIPS
Article 61
Article 59
Articles 9.1 and 41.1

12. Decisions and Recommendations
The Panel found that:
China’s criminal measures of copyright and trademark infringement was found to be wanting
China’s Copyright Laws and Customs measures nullified the United State’s benefits given under the TRIPS Agreement

13. Decisions and Recommendations
Chinese custom measures were found to be inconsistent with Article 59, via Article 46, but the US did not provide the evidence to show the Chinese were inconsistent with their obligations of Article 61
China’s Copyright Law did not fully cover China’s obligations to the Berne Convention, specifically Article 5(1)

14. Implementation China agreed to implement the DSB recommendations
China and the US agreed to a timeframe as to when the recommendations would be put in place
March 17, 2010, the Chinese amended their Regulations for Customs Protection of Intellectual Property to reach compliance
No sanctions were brought up

15. In Our Opinion Adoption of recommendations Sets precedence
Amigable trade relations

16. Questions