Copyright Issues In Sino-us Ipr Case Studies,

The WTO Case China-Measures Affecting the Protection and Enforcement of Intellectual Property Rights, was the first case of China requested for consultation under WTO because of IP-related issues. In this case, the copyright issue is important because the panel concluded that certain provisions of PRC Copyright Law, as such claimed by the United States, are inconsistent with the TRIPS Agreement. And copyright issues have been in controversy between US and China for a long time.Considering the importance of the copyright issue, the author thinks we should analyze relevant provisions of PRC Copyright Law and China's obligations under TRIPS Agreements. These analyses are necessary to study the copyright protection conditions in China and to discuss how China could better implement its obligations under TRIPS Agreements.This dissertation is composed of four chapters. Chapter one introduces the background of the copyright issue, showing the importance of copyright issue and the main controversy on the copyright issue between US and China. Chapter two analyzes the main arguments of US and China, paying emphasis on the interpretation of the provisions of Chinese Copyright Law and relevant TRIPS Agreement clauses. Against the background of legislative amendment taken by China, Chapter three discusses the implementation of the panel report concerning the copyright issue and analyzes the effects of adopted amendment thereof. Finally, Chapter four discusses the current copyright protection conditions in China, and recommends how to enhance the implementation of TRIPS Agreement and protecting copyright in such a developing country as China.