U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 97 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
Status of operations for regulation of Japan -
export of counterfeits and pirated Writtenc
goods made in China.
Type, value and quantity of Customs' Writtena With respect to counting the value of infringing
seizures of infringing goods; imports, the Customs would follow the
disposition of goods; nature of rights Customs Law, the Customs Regulation for
infringed; whether goods were being Protection of Intellectual Property Rights and
imported or exported; destination or other administrative regulations. The Customs
source of goods; and nature of fine or had cooperation with traditional authorities,
penalty imposed. including public security, according to the
Regulation on Transfer of Suspected Criminal
Cases by the Administrative Agencies, and
other laws or regulations. (Verbale)
Regarding the regulations of the export of
counterfeit and pirated goods, in the year 2002,
the Chinese customs had seized a total of 573
cases worthy of RMB 95.62 million, including
four worth RMB 230,000 and 569 cases worth
RMB 95.39 million. (Verbale)
Number and type of cases referred to Writtena
administrative investigation; number
of cases referred to and provision of
criminal law applied to criminal
Method for Chinese Customs to Writtena
determine the valuation of seized
goods for purposes of assessing
penalties or referral to criminal
prosecution under IPR laws or under
Steps under way to improve Writtena
cooperation between Chinese
Customs and criminal justice
agencies, such as the Ministry of
Public Security and Procuracy.
Status of any revisions to China rules Writtena China was considering the revision of the
regarding Customs Rules for Customs Regulation for the Protection of
Protection of Intellectual Property. Intellectual Property Rights according to the
TRIPS Agreement and to China's promises
upon its accession to the WTO. The customs
had the administrative authority over the import
or export of pirated goods over the Internet.
The customs and other IPR agencies would
make a decision on infringement according to
the Customs Regulation for Protection of
Intellectual Property Rights, the Patent Law,
the Trademark Law, and the Copyright Law.
Customs or other agencies with Writtena
administrative authority over the
import or export of pirated goods over
Information on whether Customs or Writtena
other authorities have authority over
export of counterfeit or pirated goods
by mail or delivery services.
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/m1/97/: accessed May 23, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.