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

Abstract

In China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights ('TRIPS'); China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights; 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. Kamal Saggi and Joel P. Trachtman.