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International Law

: IP Dragon

Appellate Body Report in Sino-American Dispute about Market Access for Copyrighted Products

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Yesterday, it was announced that the Report of the Appellate Body in China ? Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R was published. The three Members of the Appellate Body who served on this appeal were:

Ms. Jennifer Hillman, as Presiding Member, Mr. Shotaro Oshima and Mr. Ricardo Ramírez-Hernández.

You can download the 183 pg report here (see on your right hand side 'All documents').
I have not read the whole thing yet, but according to the Financial Times the report has the following conclusion:

The Appeals Body upheld the Dispute Panel Body ruling that restrictions on imports of US films and music are not allowed under WTO;
US and other foreign companies should be allowed to import films, music and books into China, rather than through state-owned entities;
US and other foreign companies should be permitted joint ventures with Chinese companies to dirstribute music over the internet;
The right to censor foreign films and publications is not challenged, nor the Chinese quota 20 foreign movies a year.

The relation between market access and copyright infringement is simply that market access restrictions for copyrighted products will create demand for copyright piracy.

Full post as published by IP Dragon on December 22, 2009 (boomark / email).