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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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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