I just got an email from Rogier Creemers who has recently started a PhD Research Project at Maastricht University concerning the political and legal side of copyright piracy in China, under the auspices of professor Kamperman Sanders. Sounds very interesting. Mr Creemers pointed me to 'TRIPs Agreement - Drafting History and Analysis', 3rd Edition, November 30, 2008, written by professor Daniel Gervais (Vanderbilt University Law School) in which the main conclusions of the Dispute Settlement Body confidential interim report concerning DS 362 can be found:
- Article 4 Copyright Law is a violation of articles 5 and 9(1) Berne Convention and article 41(1) TRIPs;
- The panel found that the criminal thresholds are not acceptable, however the U.S. did not present enough evidence of actual harm;
- The sale of confiscated goods is a violation of article 46 TRIPs.