Emeline Hubert
Tel: 06 84 48 92 36

Wto Agreement China

In Washington, Chinese trade practices are increasingly supportive of Chinese business practices, as these practices are unfair to U.S. companies in many respects. But there are differences of opinion on the appropriate response. Can multilateral institutions be useful in this regard? Or is unilateralism the only way? The text of Article XXIII, paragraph 1, point b), contains three elements of which an applicant must provide evidence to make a claim under Article XXIII paragraph 1 point (b): 1) the application of a measure; (2) an advantage that appears within the framework of the agreement concerned; (3) Cancellation or impairment of the benefit arising from the application of the measure72 Qualcomm`s practices in China were within the « abuse of dominance » provision of china`s anti-monopoly law. In early 2015, after a 14-month investigation, China`s National Development and Reform Commission found that Qualcomm was abusing its dominant position in wireless telecommunications technology and three related basic chip markets. Specific infringements include setting an unjustified patent royalty, collecting expired patent taxes, committing Standard Essential Patents (SEPS) to non-SEPS, imposing cross-licensing without regard to value, and adding other abusive clauses in the licensing agreements22 Qualcomm accepted a $975 million fine. China became a member of the World Trade Organization (WTO) on 11 December 2001 after approval of the Ministerial Conference. [2] China`s accession to the WTO was preceded by a lengthy negotiation process that required significant changes in the Chinese economy. In the 22 closed cases, with the exception of one complaint that was not followed up, China`s response was to take steps to improve market access. This was done either by a stand-alone action by China, by a transaction agreement, or in response to a panel or appeal judgment. First, China is bound not only by WTO obligations, which bind all other WTO members, but also by specific rules it accepted as part of its accession agreement when it joined the WTO.

These rules are contained in the accession protocol and the report of the Chinese working group and are commonly referred to as WTO bonds plus. Until the 1970s, the Chinese economy was led by the communist government and isolated from other economies. With political reforms, China began to open its economy in the early 1980s and signed a series of regional trade agreements. China was granted observer status at GATT and began joining the organization in 1986. China wanted to be admitted as a founding member of the WTO (which it would confirm as a global economic power), but this attempt was thwarted because the United States, European countries and Japan had asked China to first reform various customs policies, including tariff reductions, open markets and industrial policies. Prior to the adoption of the TRIPS agreement, « the protection of trade secrets was not seen as part of intellectual property protection, but as a general unfair competition. » 41 With the adoption of the TRIPS agreement, for the first time, « undisclosed information » was listed in a comprehensive agreement among the various forms of intellectual property. It is one of the intellectual property rights that must be applied in accordance with Part III of the TRIPS agreement42 But a quarter of a century later, Article 39 has never been used. Article 39 is not the subject of any WTO jurisprudence. The issues with the appeal body are part of broader differences of opinion among WTO members on how to address the underlying problems within the Organization.


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