WTO issues panel report on US-China dispute over intellectual property rights

26 Jan 2009

Argentina has a systemic interest in the proper interpretation of the provisions of the Agreement on Trade Related Aspects of Intellectual Property Rights - TRIPS Agreement –as it is arranged by the Article 3.2 of the Dispute Settlement Understanding which establishes that: "… Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements

EXECUTIVE SUMMARY OF THE THIRD PARTY SUBMISSION BY ARGENTINA
I. INTRODUCTION
1. Argentina has a systemic interest in the proper interpretation of the provisions of the Agreement on Trade Related Aspects of Intellectual Property Rights - TRIPS Agreement -as it is arranged by the Article 3.2 of the Dispute Settlement Understanding which establishes that: "… Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements".
2. Argentina wishes to provide views on three issues related to Articles 61, 41.1, 59, 46 and 9.1 under the TRIPS Agreement as they are interpreted and applied in the present case.  These are:
(a) The thresholds for criminal procedures and penalties.
(b) The disposal of confiscated goods that infringe intellectual property rights under TRIPS Agreement.
(c) The alleged denial of copyright and related rights protection and enforcement to works that have not been authorized for publication or distribution within China.

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Source:WTO