/javascript" src="../static/js/analytics.js"> CalTrade Report - US Slams China on Intellectual Property Piracy China, California, CalTrade Report, intellectual property, piracy, World Trade Organization, Japan, Switzerland, U.S. Trade Representative - US Slams China on Intellectual Property Piracy - IP piracy and counterfeiting ''remain rampant in China despite years of engagement,''../">CalTrade Report Asia Quake Victims WASHINGTON, DC – 10/27/05 – Voicing ''deep concern'' over China’s continuing record of intellectual property rights violations, the Bush Administration has joined Japan and Switzerland in invoking a special World Trade Organization process to obtain information on the country’s IP enforcement efforts; ''If China believes that it is doing enough to protect intellectual property, then it should view this process as a chance to prove its case,'' says US Trade Representative Rob Portman. - WASHINGTON, DC – 10/27/05 – Voicing ''deep concern'' over China’s continuing record of intellectual property rights violations, the Bush Administration has joined Japan and Switzerland in invoking a special World Trade Organization process to obtain information on the country’s IP enforcement efforts; ''If China believes that it is doing enough to protect intellectual property, then it should view this process as a chance to prove its case,'' says US Trade Representative Rob Portman. - US Slams China on Intellectual Property Piracy China, California, CalTrade Report, intellectual property, piracy, World Trade Organization, Japan, Switzerland, U.S. Trade Representative - US Slams China on Intellectual Property Piracy

 

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US Slams China on Intellectual Property Piracy

IP piracy and counterfeiting ''remain rampant in China despite years of engagement,'' says the USTR

WASHINGTON, DC - 10/27/05 - The US has initiated a special process under World Trade Organization (WTO) rules to obtain information on China's efforts to enforce mandated intellectual property enforcement regulations.

The US "is deeply concerned by the violations of intellectual property rights in China," said US Trade Representative (USTR) Rob Portman. "Based on all available information, piracy and counterfeiting remain rampant in China despite years of engagement on this issue."

Japan and Switzerland have joined the US in submitting similar requests.

Washington's request is aimed at obtaining "a more complete picture of China's intellectual property enforcement efforts since 2001" and calls for Beijing "to make available detailed information concerning the application of criminal, administrative, and civil remedies for infringement cases that affect US right holders."

China's promise to "substantially reduce IPR infringement" during bilateral talks in April 2004 has yielded mixed results, though recent commitments made during July's bilateral talks have proven promising.

Data collected from the request "will help to evaluate China's progress implementing its commitments to substantially reduce counterfeiting and piracy."

According to a Special 301 Report published by the USTR in April, China's inadequate enforcement of intellectual property rights (IPR) is believed to result in infringement levels of 90% or more for virtually every form of intellectual property. 

The report cataloged the growing concerns of US industry groups that assert Beijing "is unwilling to provide sufficiently detailed information regarding its enforcement efforts and criminal prosecutions."

The USTR observed at that time that "lack of transparent information on IPR infringement levels and enforcement activities in China continues to be an acute problem." 

The report also noted that "when criminal prosecutions are pursued, a lack of transparency makes it difficult to ascertain whether they resulted in convictions and, if so, what penalties were imposed." 

The new US initiative takes advantage of a process established under Article 63.3 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights - also known as the TRIPS Agreement. 

That process allows WTO members to request information pertaining to judicial decisions or administrative rulings on IPR-related matters when their rights under the TRIPS Agreement are affected. 

"If China believes that it is doing enough to protect intellectual property, then it should view this process as a chance to prove its case," said Portman. "Our goal is to get detailed information that will help pinpoint exactly where the enforcement system is breaking down so we can decide appropriate next steps."

The US expects a response on the matter from China within the next three months.  

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