U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 96 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
Recommendation for creation of a EC - Writtenb
high level Coordination Working
Number of criminal prosecutions Japan -
related to patent rights, trademark Writtenc
rights, industrial design rights and
Changes that should be made to the Japan -
standards for criminal prosecutions Written,?
related to copyright infringements. Verbale
Regulations and notifications to make Japan - The cost of confiscation and disposal of
customs and other enforcement Writtenc counterfeiting goods undertaken by the
bodies informed who bear the Customs shall be borne by right holders.
disposal costs of the infringing According to Articles 14 and 15, and other
products. relevant provisions of the Regulation on the
Customs Protection of Intellectual Property
Rights, the applicant who requested the
Customs to detain suspected infringing goods
should provide a bond to the Customs. After a
relevant administrative determination, judicial
judgment or adjudication came into effect, the
Customs should refund the remainder of the
bond, from which the cost of storage, custody,
and disposal of the goods as well as the
compensation fees to the interested parties for
the loss induced by the inappropriate
application had been deducted. (Verbale)
Steps to eliminate localism that Japan - The Chinese Government had always been
encourages soft approach to Written,c engaged in fighting against "localism". The
manufacture of counterfeit goods by Verbale State Council's Provisions on Prohibiting
local firms. Regional Blockage in Market Economic
Activities, published on 21 April 2001, showed
the positive attitude of China against localism
in the field of intellectual property rights. China
protected right holders in strict accordance with
the laws and administrative regulations on the
protection of intellectual property rights that
were in complete conformity with the WTO
TRIPS Agreement. China was now making
every effort to implement the obligations of the
TRIPS Agreement. (Verbale)
Activity plan to fight against pirated Japan - The guiding ideology of the Activity Plan for
software and other pirated goods; Writtenc Fighting against Pirated Software, which was
information on policies to implement published in June 2003, was to resolutely crack
the activity plan established in June down on various piracy and infringing acts in
2003; establishment of activity plan in respect of software and to promote the
the other pirated goods but software; development of the Chinese software industry.
legal responsibility provided for ISP. The working objective was to establish a fair
and orderly software market and to realize the
fundamental improvement in the social
environment of software copyright protection.
The Activity Plan was a provisional measure,
while the crackdown on various piracy acts
was a long-term and standing task. At present,
a crackdown on software piracy was included
in this Plan in the light of the current situation
of China, and it was possible for this Plan to
include anti-piracy work in other respects later.
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/m1/96/: accessed May 20, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.