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WT/DS362 - Measures affecting the protection and enforcement of intellectiual property rights

WTO dispute settlement case - EU as third party

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Dispute settlement
Dispute settlement
WTO - EU as third party

Summary of the case

  • Complaint by: United States
  • Complaint against: China
  • Third parties: EU, Argentina, Australia, Brazil, Canada, India, Japan, Korea, Republic Of, Mexico, Taiwan (Chinese Taipei), Thailand, Turkey

The US claims TRIPS inconsistency of certain Chinese measures that limit criminal procedures and penalties to counterfeiting and piracy acts beyond certain thresholds; that allow infringing goods confiscated at customs to enter the channels of commerce; and that deny copyright protection to works with non-permitted content

Relevant WTO provision: Articles 61 and 41.1; 59; 14; 3.1 and 9.1 of the TRIPS Agreement


The first substantive meeting of the Panel with the parties took place on 14-16 April 2008

  • Consultations requested: 10 April 2007
  • Panel requested: 13 August 2007
  • Panel established: 25 September 2007
  • Panel report circulated: 21 August 2007


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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