U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 90 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
Amount of proof right holders should Japan - The copy of a work with a complainant's name
submit as "proof of right holder Writtenc on it might be deemed as a proof of the right
identification" when they apply to holder's identification. A copyright registration
administrative procedures. was not necessarily required for complainants
to apply to administrative procedures.
Concern that provision would force Japan -
right holders to take much time and Writtenc
cost to identify the infringer's name,
and location without legal prosecution
Possibility that an administrative Japan - An administrative department might not accept
department refuses to accept the Writtenc an application for administrative procedures if it
application because the department is was not in charge. (Verbale)
not the one in charge.
Explanation of the person who has a Japan - The expression "person who has a burden of
burden of proof and the duration the Writtenc proof" as mentioned in Article 16 of the
copyright administrative department Regulations referred to the complaining party
specifies. but not the right holder. Whether an illegal act
was slight or not was determined by the
administrative department according to the
concrete circumstances of each case.
Definition of "parties" as both right Japan - The expression of "parties' names" included
holders and infringers; difficulty for Writtenc not only the name of the right holder but also
foreign right holders to give that of a complaining party. Otherwise, an
statements and submit claims within administrative department could hardly
seven days from the notified day. investigate a case or render specific
administrative penalties without having
obtained sufficient information concerning the
complaining party, or without having known the
exact complaining party. (Verbale)
With respect to the negative prescription of
administrative penalty, Article 9 of the
Regulations was consistent with Article 29 of
the Administrative Penalty Law of China,
i.e., where an illegal act was not discovered
within two years of its commission,
administrative penalties should no longer be
imposed, except if otherwise prescribed by the
law. The period of time prescribed should be
counted from the date the illegal act was
committed. If the act was of a continual or
continuous nature, it should be counted from
the date the act terminated. The prescription
of administrative penalty was different from that
of a civil action in that the latter was calculated
from the date on which the injured party knew
or had the reasonable grounds to know that his
rights were infringed while the former was
calculated from the date on which the illegal
act took place or stopped. (Verbale)
Criterion to consider an infringement Japan -
as illegal activity. Written
Possibility that re-distributed facilities Japan - Regarding the auction or re-selling of facilities
can hamper the deterrent effect of the Writtenc used for making infringed goods, the person
administrative procedures. who bought such facilities must observe the
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/m1/90/: accessed May 21, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.