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Michael Geist - Why the U.S. Lost Its WTO IP Complaint Against China. Badly.
The World Trade Organization yesterday released its much-anticipated decision involving a U.S. complaint against China over its protection and enforcement of intellectual property rights.  The U.S. quickly proclaimed victory, with newspaper headlines trumpeting the WTO panel's requirement that China reform elements of its intellectual property laws.  For its part, China was conciliatory and offered to work with the international community to resolve the concerns raised by the decision.  Reuters notes that the Chinese reaction is far less combative than it has been other issues.

Why the muted response?  I suspect that it is because anyone who bothers to work through the 147 page decision will find that the headlines get it wrong.  The U.S. did not win this case, but rather lost badly. China is required to amend elements of its copyright law, but on the big issues of this case - border measures and IP enforcement - almost all of the contested laws were upheld as valid.
by Bernard on Wed Jan 28th, 2009 at 10:11:28 AM EST
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WTO's China Piracy Ruling: All Bark And No Bite - Forbes.com
Washington claimed a tactical victory in its intellectual property case against China, but it is losing the war.

In its efforts to get China to curb piracy, the United States claims that it now has the World Trade Organization on its side. But the proclamation of victory is empty or premature, or both.

by Bernard on Wed Jan 28th, 2009 at 10:12:19 AM EST
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