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LIRA@BC Law

Abstract

This article examines the United States' ongoing trade dispute with China regarding Chinese abuses of American intellectual property rights. The U.S. has filed both a complaint against China before the WTO for violation of the Agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPS"), and simultaneously imposed a series of unilateral sanctions on Chinese goods, in violation of the WTO Marrakesh Agreement. Imposing illegal sanctions while seeking redress from the WTO undermines the legitimacy of the U.S.' claims and has provoked retaliatory tariffs. As the TRIPS agreement comprehensively covers the dispute in question, the U.S. should scale back its unilateral sanctions in favor of an expanded complaint before the WTO.

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WTO_US_CHINA_DISPUTES.pdf
29 Nov 2022
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Metadata

  • Subject
    • Intellectual Property Law

    • International Law

    • Trade Regulation

  • Journal title
    • Boston College Intellectual Property and Technology Forum

  • Volume
    • 2018

  • Pagination
    • 1-14

  • Date submitted

    29 November 2022

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