US seeks panel over China IP

Despite reports indicating an upsurge of patent filing in North East Asia, the United States trade department is continuing to urge China to comply with IP best-practice. In its latest move, of 13 August, the department asked the World Trade Organisation (WTO) to set up a dispute-resolution panel that will enable the US and China to iron out their IP differences in a carefully mediated atmosphere.

The US request follows bilateral consultations and agreements in April and June of this year that have yet to bear fruit in practical terms. Of particular concern to the US is the perception that counterfeiters and other infringers are on safe ground if they conduct their activities in China. America is pressing for tighter border controls to stem the emergence of infringing products, and improved protection for IP holders.

USTR Spokesman, Sean Spicer, said: ‘The United States and China have tried, through formal consultations over the last three months, to resolve differences arising from US concerns about inadequate protection of intellectual property rights in China. That dialogue has not generated solutions to the issues we have raised, so we are asking the WTO to form a panel to settle this dispute.

‘It is in the best interest of all nations, including China, to protect intellectual property rights. Over the past several years China has taken tangible steps to improve IPRs protection and enforcement. However, we still see important gaps that need to be addressed. We will pursue this legal dispute in the WTO and will continue to work with China bilaterally on other important IPR issues.’

China has yet to comment on the US request, but IP Review Online will keep you up to date with any developments.