Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009

• Published in: World trade review Vol. 10; no. 1; pp. 63 - 86
• Main Authors: SAGGI, KAMAL, TRACHTMAN, JOEL P.
• Format: Journal Article
• Language: English
• Published: Cambridge, UK Cambridge University Press 01.01.2011
• Subjects: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15); Agreements; Censorship; Conventions; Copyright; Copyright infringement; Economic aspects; Enforcement; Fines & penalties; Intellectual property; International law; International unification; Law; Prevention; Property rights; Punishment; Reconciliation; Social aspects; Studies; Treaties; World Trade Organization; CHINA; China
• ISSN: 1474-7456; 1475-3138
• DOI: 10.1017/S1474745610000455

In China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.