Managing Intellectual Property
In August 2009, the WTO dispute settlement body released a panel concerning the US-China dispute over the trading rights and distribution services for publications, sound recordings and audiovisual entertainment products. Earlier this year, a different WTO panel addressed a related US-China dispute on the protection and enforcement of IP.
The recent decision provides an excellent opportunity to revisit the earlier decision, exploring its implications for IP protection and enforcement. That decision focuses on three main issues: the high thresholds for criminal procedures and penalties in the IP area; the failure of the Chinese authorities to properly dispose of confiscated infringing goods; and the denial of copyright protection to works that have not been authorised for publication or distribution within the country.
Peter K. Yu,
The US-China WTO Cases Explained,
Managing Intell. Prop.
Available at: https://scholarship.law.tamu.edu/facscholar/410