U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 91 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
law. Moreover, such facilities could be bought
only by factories in lawful operation and with
the requisite qualifications. (Verbale)
Stronger administrative measures, Japan -
including stiffer fines and increased Verbale
number of seizures, to ensure active
and smooth administrative control of
Semiconductor layout design
Identification of all rules or Writtena Layout-designs and utility and design patents
regulations, including ministerial rules were protected by China's Patent Law and the
and local enactments enacted to relevant regulations. Forging others' patents
semiconductor layout design with serious circumstances would be convicted
enforcement. of the crime of forging others' patents
Information regarding any civil or Writtena according to Article 216 of the Criminal Law.
criminal actions for infringement of (Verbale)
Deadlines for filing semiconductor Writtena
layout design applications.
Statistical information available on the Writtena
number of Administrative enforcement
cases for CY 2002 and partial year
Number of civil intellectual property Writtena With regard to the trial term, Chinese courts
cases heard by Chinese courts, cases would strictly follow the Regulations on Civil
requesting and/or granted preliminary Procedure Law and judicial interpretation.
relief whether or not inaudita altera (Verbale)
parte; length of time from case
initiation to adjudication for trial and
Opportunities for review or appeal of Writtena According to Article 147 of the Civil Procedure
judicial determinations in China's Law, the parties who could not accept a
court process. judgment or decision might lodge an appeal.
According to Article 178 of the Civil Procedure
Law, the parties could apply for another trial to
the same court or the superior court for those
cases that had been effective. Besides, the
court or the procuratorate could start
supervising procedures. (Verbale)
Number of administrative intellectual Writtena
property appeals heard by Chinese
Standards under Chinese law for Writtena As to standards for IPR crimes, two laws
determining that an agency decision applied at the central and local levels, that is,
was illegal, or should be the Interpretation on Specific Application of
reconsidered; special efforts made by Law on Several Questions of Trial for Illegal
court to better understand the Publication Criminal Cases by the Supreme
handling of intellectual property People's Court and the Regulations on
appeals. Standards for Initiating Cases In Economic
Crimes by the Supreme People's
Procruratorate and the Ministry of Public
Rate of reversal of CTO and SIPO Writtena
administrative agency decisions noted
above on appeal to the court indicated
Number of criminal IPR investigations Writtena Regarding the number of criminal cases of
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/m1/91/: accessed May 20, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.