Sino-American IPR disputes finally go to the WTO DSB

Since 1990s, every April has been a month of “war of words” between the USA and China on IPR disputes. In these years, angry rhetoric of discontent could be heard from both parties. But either party had ever meant business. They either commenced a new round of negotiation or threatened to each other with trade sanctions. Eventually, the disputes would end up in compromise. This year is different. USA filed the complaint against China to the WTO, specifically alleging China for ineffective IPR enforcement and restriction of importation of American culture products. Chinese government has declared that the US’s action will seriously damage the trade relationship between the two countries. The disputes, in the WTO dispute settlement procedure, is in 60-day of negotiation period. If no agreement cannot be reached, the disputes would have to be decided by a panel.

China used the first provision of the TRIPS to defend itself.

60-day negotiation period expired, no agreement was reached. On August 31, US applied to set up a panel to solve the dispute. The Panel might be set up in October 2007.


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