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On August 13, 2007, the United States called for the formation of a WTO dispute settlement panel on China's intellectual property rights protection, after four months of consultations did not yield the desired results.
The case on copyright and trademark protection was filed in April together with a case relating to access of US copyrighted goods to the Chinese market. The case basically relates to piracy or counterfeiting and at what level that would prompt criminal liability in China.
Other issues in the case are customs enforcement, as well as copyright protection during censorship reviews. This means that while the Chinese government is reviewing new books and other works, they cannot be copyright-protected. The United States is concerned that pirated versions may be available during this time.
The United States also hopes to clarify whether China has resolved concerns that people who are caught reproducing movies cannot be found liable unless they also distribute them.
On market access, the US has concerns regarding importation and distribution rights related to copyright material. These include copyright-intensive items such as movies, music, home videos, and publications.
The panel request will be considered by the WTO Dispute Settlement Body (DSB) at its next meeting scheduled for August 31, 2007.
August 17, 2007
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