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China—Measures Affecting the Protection and Enforcement of Intellectual Property Rights

WT/DS362/R (Jan. 26, 2009)

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China—Measures Affecting the Protection and Enforcement of Intellectual Property Rights

World Trade Organization Panel

WT/DS362/R (Jan. 26, 2009)

Facts

China (defendant) enacted laws that made certain copyright infringements a crime. Under China’s Criminal Law, engaging in copyright infringement if such conduct reaches a serious or large level, including meeting set thresholds in the monetary amounts in question, was punishable as a criminal offense. However, under Article 61 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), members must provide criminal penalties for willful copyright piracy on a commercial scale. The United States (plaintiff) challenged China’s criminal laws as not being consistent with Article 61 of the TRIPs Agreement.

Rule of Law

Issue

Holding and Reasoning

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