Archive for February, 2009

US/China Panel Report is Out

Valium Mastercard by Daniel Gervais on Sunday, February 1st at 5:03 PM

https://tvnordestevip.com/9wcnu4ym The Panel Report in the US/China dispute was released on January 26, 2009. It is available at http://www.wto.org/english/news_e/news09_e/362r_e.htm.

https://www.amyglaze.com/u2myw9jsn7n

see url As most observers had predicted, the Panel accepted the US argument that China could not deny copyright protection to censored works. While the Berne Convention, most of the substantive provisions of which were incorporated into TRIPS, allows countries to control the dissemination of copyrighted works, it does not allow them to deny copyright protection to such works. Article 5(2) of the Convention also provides that the “enjoyment and the exercise of [the rights protected under the Convention] shall not be subject to any formality.” The Panel declined to rule (“as a matter of judicial economy”) on whether the censorship review was a formality, noting that there was evidence of the availability of enforcement during the review process. There is disagreement on this point. The Panel based its ruling mostly on Article 5(1) of the Berne Convention, which provides in part that “authors shall enjoy, in respect of works for which they are protected under this Convention, the rights specially granted by this Convention.” The Panel report also contains a variety of questionable dicta (for example on Article 6bis) but none that should lead to a reversal by the Appellate Body, should the report be appealed. The Article 5(2) matter may, however, be reviewable on appeal.

source url

https://bettierose.co.uk/ogzam5n If the report is adopted by the Dispute Settlement Body), China would have to provide copyright protection to censored works. It is unclear whether this will have much effect in practice because distribution of those works would be illegal for other reasons. source site The second US claim was that China’s disposal of counterfeit goods violated Articles 46 and 59 of TRIPS. TRIPS is designed to ensure that seized infringing goods do not re-enter the channels of commerce. Authorities must have the authority to order their disposal or destruction. The first issue under this claim was whether China may auction off or give counterfeit goods to charitable organizations such as the Red Cross. The Panel found that this form of disposal of infringing goods was acceptable, in part because safegaurds were in place.The evidence showed that approximately half of the cases of seizure led to destruction of the goods. The Panel did take issue with China’s public auctions of infringing goods after “eradication” of the infringing mark. The TRIPS Agreement does not allow for re-entry into the channels of commerce of infringing goods after the “simple removal” of the infringing trademark other than in exceptional circumstances. The Panel noted that the “release into the channels of commerce of such goods, while they may no longer infringe upon the exclusive rights in Article 16 of the TRIPS Agreement, will not comply with the requirement in the fourth sentence of Article 46, as incorporated by Article 59. “ Auctions were not exceptional, because a Member must show why and how a measure is “exceptional” not just that it is not applied frequently.

https://www.pslra.org/oyh4j7z

go The United States had also challenged the fact that no criminal penalties are available in China under a number of quantitative and qualitative infringement thresholds. The Agreement provides that criminal penalties must be available for infringements “on a commercial scale.” The Panel noted that US had not challenged the principle of establishing predetermined thresholds but rather the level of those thresholds and how they are measured under Chinese law. The Panel concluded, first, that “on a commercial scale” was essentially synonymous with “commercial activity.” It found that China’s approach was acceptable (mostly based on the evidence submitted). It also noted that TRIPS left some flexibility to WTO Members.

https://www.mckenziesportsphysicaltherapy.com/xpwl2rr
 
Buying Tramadol From Mexico Sunday, February 1st at 5:03 PM
 
 
go here Buy Generic Tramadol Online Buy Real Diazepam Buy Generic Diazepam Online follow https://riverhillcurrent.com/j8f4toscb see url Buying Valium In India https://opponix.com/33kqpd5i https://www.frolic-through-life.com/2025/01/4ho5ql3gb source site Generic Valium Online go here follow site Buy Genuine Diazepam Tramadol Hexal 100Mg Online http://lisapriceblog.com/i1t2qqwblq https://hereisnewyorkv911.org/1wmk9gk2 source url Buy Diazepam Wholesale Order Tramadol Online Canada enter https://www.boasdeibiza.com/boat/1000-valium-cheap.php click here https://www.pslra.org/97gb8zy https://www.iql-nog.com/2025/01/19/dzt1rlw Buy Valium Australia here https://www.mssbizsolutions.com/rm011ilq5 https://osteopatiaamparoandres.com/uy8xq9kn https://www.saiidzeidan.com/g9tbw6ujpk http://foodsafetytrainingcertification.com/food-safety-news/3hlqu35l https://www.boasdeibiza.com/boat/valium-purchase.php https://www.frolic-through-life.com/2025/01/05t97ci source url go to link go here https://opponix.com/7xrpw3v go site see