The US - China Dispute over TRIPS Enforcement

Document Type

Book Section

Publication Date

6-2011

ISBN

978-90-411-3219-2

Abstract

This chapter examines the first dispute between China and the US over the protection and enforcement of Intellectual Property Rights (IPR). It begins by outlining the origin of the US complaint against China. It also explores the challenges to filing a complaint regarding a lack of enforcement based on a general impression, as compared to noncompliance based on specific violations. The chapter then examines the complaint the US eventually filed in April 2007. It discusses the key arguments made by both China and the US as well as the major findings in the WTO panel report. This chapter concludes by focusing on the remedial actions China has taken to bring its law into conformity with the TRIPS Agreement. It also examines the key lessons for the US, China, and other less developed countries, as well as IPR holders in general.

First Page

239

Last Page

289

Num Pages

51

Series

Max Planck Series on Asian Intellectual Property Law

Series Number

15

Series Title

The Enforcement of Intellectual Property Rights: Comparative Perspectives from the Asia-Pacific Region

Publisher

Kluwer Law International

Place

The Netherlands

Editor

Christoph Antons

Series Editor

Reto Hilty

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