U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 79 of 101
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Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Summary of issues by theme Raised by Raised by China's response
United States other WTO
Changes due to reorganization of Writtena There were no changes to the responsibilities
Chinese responsibilities or new efforts of China's Intellectual Property (IP) agencies.
at coordinating intellectual property The Bureau of Economic Crime Investigation
matters on a national or local basis. under the Ministry of Public Security was
Relevant divisions in the Ministry of Writtena responsible for the investigation of IP crimes.
Public Security and Procuratorate that The Division of Economic Crime under the
investigate and bring prosecutions for Supreme Procuratorate was responsible for the
intellectual property crimes. prosecution of Intellectual Property Rights
Information concerning any Writtena (IPR) crimes. Number 2 Criminal Tribunal of
specialized prosecutors, police or the Supreme People's Court was in charge of
judiciary for prosecution of intellectual IPR criminal cases. (Verbale)
Consistency of China's administrative Writtena Administrative responsibility must be imposed
enforcement of IPR with TRIPS in accordance with the Administrative Penalty
Agreement. Law or the special provisions of the separate
Extent that China's administrative Writtena law. Some administrative remedies, such as
system provides for punitive remedies an order requiring the suspension of infringing
and extent to which such acts, were similar to civil remedies in form, but
administrative actions comply with the they were different in nature. In cases in which
criminal procedures and deterrent the form of administrative remedies seemed to
penalties of the TRIPS Agreement. be similar to civil remedies, Articles 41 through
48 of the TRIPS Agreement should be applied
to administrative remedies. Some civil
remedies provided for in Articles 41 through
48, such as an order requiring the payment of
damages to right holders, could not apply to
administrative cases in China, since neither the
Administrative Penalty Law nor the separate
law granted such a power to administrative
The provisions on administrative enforcement
in the Chinese trademark system complied with
Article 49 of the TRIPS Agreement. The
procedures were fair and equitable, including
the rules on the presentation of evidence and
decisions on the merits of the case in writing,
etc. The form, legal basis and nature of
administrative remedies were different from
those of criminal remedies. Therefore, the
Chinese administrative remedies could not be
covered by Article 61 of the TRIPS Agreement.
Nevertheless, China's criminal legal system
met the requirements of Article 61. (Verbale)
Timely delivery of new Chinese laws, Writtena Pursuant to Article 63.2 of the TRIPS
including local regulations or rules, as Agreement, China had notified ten main
well as draft rules available for public dedicated laws relating to the IPRs in full text
comment. and a series of laws and regulations in
Annual and multiyear plans for Writtena summary, including the Criminal Law, the Anti-
proposed or pending legislation, Unfair Competition Law, and the Civil
regulations, rules, interpretations Procedure Law. Following the TRIPS
relevant to IPR. Council's decision of 21 November 1995,
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/79/: accessed May 27, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.