The
 Effects 
Of 
Wto 
Case 
Ds362 
On 
Audiovisual 
Media
 Piracy 
In
 China


Páginas: 31 (7730 palabras) Publicado: 3 de diciembre de 2012
The
effects
of
WTO
case
DS362
on
audiovisual
media
piracy
in
 China

Audiovisual
media
piracy
is
a
large
industry
in
China.
DVD’s
and
VCD’s
contain‐ ing
pirated
versions
of
Chinese
and
foreign
films
or
television
series
are
easily
 found
in
China’s
major
cities.
Even
the
new
Blu‐Ray
discs
are
already
being
pi‐ rated1.
The
major
American
film
studios,
united
in
industry
bodies
such
as
the
Motion
Picture
Association
of
America,
perceive
this
as
damaging
to
their
eco‐ nomic
interest2.

 Chinese
piracy
levels
have
persistently
been
very
high,
leading
to
disputes
in
the
 early
‘90s.
After
China’s
accession
to
the
WTO,
pressure
from
industry
associa‐ tions
remained
on
the
United
States
Trade
Representative
(USTR)
to
take
ac‐tion3.
Accordingly,
and
although
commentators
argued
against
IPR‐related
WTO
 action4,
a
request
for
consultations
for
a
case
concerning
IPR
was
filed
with
the
 WTO
in
April
2007:
DS362:
China
–
Measures
Affecting
the
Protection
and
En‐ forcement
of
Intellectual
Property
Rights5.


























































 Few
Lines
Short
of
1080p",
(Audioholics,
2008,
available
at:
http://www.audioholics.com/news/industry­news/blu­ray­pirates)[Accessed
at
 20
January
2009].
 2
MPAA,
Anti­Piracy
Fact
Sheet,
Asia­Pacific
Region
(2008).
 3
For
a
detailed
analysis
of
the
relation
between
special
interest
groups
and
 USTR
policy
in
intellectual
property
matters
related
to
China,
see
A.
Mertha,
The
 Politics
of
Piracy:
Intellectual
Property
in
Contemporary
China,
(2005,
Cornell),
 pp.
35
–
76.
4
For
example:
P.K.
Yu,
"Three
Questions
That
Will
Make
You
Rethink
the
U.S.‐ China
Intellectual
Property
Debate",
(2008)
7
The
John
Marshall
Review
of
 Intellectual
Property
Law
412.
 5
An
overview
of
the
case
and
the
related
documents
can
be
found
on
"Dispute
 Settlement:
Dispute
DS362",
(WTO,
2009,
available
at:
 http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds362_e.htm)[Accessed
at
27
January
2009]
(hereinafter
abbreviated
as
China
–
Intellectual
Property
 Rights)

1
Although
the
quality
of
these
discs
is
lacking,
W.
Robson,
"Blu‐ray
Pirates:
A


Electronic copy available at: http://ssrn.com/abstract=1434914

Consultations
did
not
lead
to
a
solution,
so
the
case
proceeded
to
the
panel
stage,
 in
accordance
with
Art.
6
of
the
WTO
Dispute
Settlement
Understanding6.
The
US
proffered
claims
against
China
concerning
criminal
prosecution
thresholds
in
 copyright
and
trademark
matters;
disposal
of
counterfeit
goods
by
Customs
and
 denial
of
copyright
to
certain
works
by
the
Chinese
Copyright
Law7.
A
last,
minor
 claim
was
dropped
in
the
panel
request.
 On
26
January
2009,
the
Panel
Report
was
made
public.
Neither
party
appealed,
 which
was
consequently
adopted
by
the
DSB
on
21
March
2009.
China
accepted
the
finding,
and
negotiated
with
the
U.S.
to
implement
them
before
March
2010.

 This
case’s
outcome
is
relevant
in
different
areas.
It
was
the
first
case
concerning
 intellectual
property
protection
between
a
developed
and
a
developing
country,
 and
will
influence
future
developments
in
this
area.
It
also
provides
the
United
 States
and
China
with
a
better
view
of
each
other’s
legal
reasoning
and
the
intri‐cacies
of
WTO
litigation
in
matters
of
intellectual
property
protection.

 However,
WTO
cases
are
initiated
because
of
very
specific
problems
the
com‐ plainant
would
like
to
have
addressed,
usually
because
they
create
economic
 damage.
To
evaluate
China
–
Intellectual
Property
Rights,
the
influence
of
the
de‐cision
on
the
problem
that
led
to
its
filing
must
be
analyzed.
Therefore,
in
this
 article,
I
will
evaluate
the
effects
of
the
outcome
of
this
case
on
media
copyright
 piracy
in
China,
but
not
the
trademark
side
of
the
case.
Hence,
I
will
not
discuss
 the
second
claim
regarding
Customs
measures.
First,
I
will
provide
some
back‐ ground
into
the
origins
of
this
case.
Second,
I
will
look
into
the
argumentation
of
...
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