- China has always attached great importance to the protection of IP;
- Since its accession to the WTO, China has honored its WTO commitments and undertaken international obligations on intellectual property rights (IPR) and made great achievements on IPR legislation and enforcement which are well recognized and highly valued by the entire world;
- China justifies its approach toward IPR protection with the last sentence of article 1 (1) TRIPs: Members hall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice;
- China suggests that an "other WTO member" (read including US) want to impose additional obligations beyond the TRIPs Agreement through inappropriate application of the WTO dispute settlement mechanism;
- China believes that the impact resulted from these TRIPs plus demands would by no means be accepted by other developing members (so China is seeing itself as a developing WTO member which should be treated differently from developed WTO members).
In short: We always thought IP protection important, we hounered our WTO commitments, and we have come a long way, TRIPs is saying we can do it our own way, we don't have to go beyong the TRIPs obligations, especially not as the developing country we are.
Read the Xinhua article via ChinaDaily here.
Total = 1 year (without appeal)
60-90 days Appeals report
30 days Dispute Settlement Body adopts appeals report
Total = 1y 3m