RIAA Comments On WTO Panel Decision On China IPR Case

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January 26, 2009

WASHINGTON-The WTO issued its decision today on the United States' complaint against China for its lack of proper protection and enforcement of certain forms of intellectual property as required by existing trade laws. Neil Turkewitz, Executive Vice President, International Relations, Recording Industry Association of America (RIAA) offered the following statement:

“We are very pleased that the WTO has ruled in favor of the United States on essential parts of this case. Importantly, the WTO held that TRIPS obligations must be understood in context, and that the requirement under existing trade agreements to provide effective enforcement means nations can’t simply go through the motions, but that results matter.  We hope that today’s decision leads China and other WTO members to enhance their protection of intellectual property.

While it is unfortunate that the panel felt that it needed more information on the technical issue of criminal thresholds, we are satisfied with the decision on this key point—that enforcement must be effective not only in law but in practice, and that standards of effectiveness change over time and reflect the realities of the marketplace.”

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The Recording Industry Association of America is the trade group that represents the U.S. recording industry. Its mission is to foster a business and legal climate that supports and promotes our members' creative and financial vitality. Its members are the record companies that comprise the most vibrant national music industry in the world. RIAA® members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States. In support of this mission, the RIAA works to protect intellectual property rights worldwide and the First Amendment rights of artists; conducts consumer, industry and technical research; and monitors and reviews state and federal laws, regulations and policies. The RIAA® also certifies Gold®, Platinum®, Multi-Platinum™, and Diamond sales awards, as well as Los Premios De Oro y Platino™, an award celebrating Latin music sales.

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