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WTO rejects US IPR claims against China

By Ding Qingfen (China Daily)
Updated: 2009-03-21 10:24

China won a partial victory in a World Trade Organization (WTO) ruling on Friday on intellectual property rights (IPRs) dealing with movies, DVDs and publications.

Following recommendations of its expert panel, the WTO turned down the majority of the claims launched by the US two years ago.

Undated file photo shows foreign envoys visiting Beijing Intellectual Property Rights Protection Service Center, whose hot line of 12312 has become well known to the public for complaints on intellectual property rights. [kaifangzhan.mofcom.gov.cn]

The Dispute Settlement Panel said there wasn't enough proof to support US claims that China's copyright-related rules and regulations are inconsistent with its obligations under the WTO.

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"We appreciate where the WTO has agreed with China on the relevant laws and respect where it disagreed," said Li Chenggang, deputy director of Department of Treaty & Law under the Ministry of Commerce. "We will study how to implement the final decisions," he added.

The US claims included China's denial of copyright protection to works that have not been approved for publication or distribution in China, the removal of infringing trademarks as the precondition for sale at public auction of counterfeit goods seized by Chinese customs authorities, and the lack of criminal procedures and penalties in China against copyright piracy.

"We are glad to see that the WTO is in favor of the majority of Chinese initiatives," Li said.

It is the fifth time the US has launched appeals against China, but the first case regarding these issues.

"China is committed to IPR protection, and we will strengthen cooperation on IPR issues with nations and regions worldwide," said Yao Jian, a ministry spokesperson.

The US appealed to the WTO in May 2007, and its claims focused on 11 specific articles regarding criminal thresholds, customs measures and copyright protection.