Who won the IPR dispute at the WTO between China and the U.S.? That was the name of my blog posting in October 2008 and gave some leaked information. But what does the official information say? According to WTO document WT/DS362/9, that can be found at the site of the WTO dedicated to DS 362 the Panel expected to issue its final report to the parties to the dispute by November 2008. After that IP Dragon understood that the final report would be ready somewhere in 2009.
I just got an email from Rogier Creemers who has recently started a PhD Research Project at Maastricht University concerning the political and legal side of copyright piracy in China, under the auspices of professor Kamperman Sanders. Sounds very interesting. Mr Creemers pointed me to ‘TRIPs Agreement – Drafting History and Analysis’, 3rd Edition, November 30, 2008, written by professor Daniel Gervais (Vanderbilt University Law School) in which the main conclusions of the Dispute Settlement Body confidential interim report concerning DS 362 can be found:
- Article 4 Copyright Law is a violation of articles 5 and 9(1) Berne Convention and article 41(1) TRIPs;
- The panel found that the criminal thresholds are not acceptable, however the U.S. did not present enough evidence of actual harm;
- The sale of confiscated goods is a violation of article 46 TRIPs.
These conclusions look lapidary, however, they represent professor Gervais’ version of the interim report, not the final report. I was already familiar with Daniel Gervais’ ‘TRIPs Agreement – Drafting History and Analysis, 2nd Edition and even 1st Edition (both at the excellent Library of the Institute for Information Law (IViR) and recommended by professor P. Bernt Hugenholtz). Updates of good books are important, indeed. Thank you Rogier Creemers.
