US Falsely Claiming It 'Won' IP Fight With China

from the it-lost-badly dept

You may recall a few years ago that in the (still ongoing!) fight between Antigua and the US at the World Trade Organization (WTO), that the WTO came out with a ruling where the US declared immediate victory, though the details showed that actually the WTO had sided with Antigua. The US merely declared victory, and got its (wrong) story out to the press first.

It appears that's happening again.

Earlier this week, plenty of attention was paid to a WTO ruling concerning US disputes with China over a variety of intellectual property issues. The US Trade Representative quickly declared victory (pdf) and that's the story most of the folks in the press went with, claiming that this was a US victory where the WTO largely supported the US. Some even called it a major victory, while others were surprised that China seemingly was fine with the ruling.

Perhaps that's because if you actually read through the details, you realize, as Michael Geist points out, that the US actually lost very badly. There were three issues at stake -- and the only one the US "won" was the most minor of the three. On the two big issues, concerning China's border measures concerning counterfeit goods and its IP enforcement system within the country, the WTO sided strongly with China, and chastised the US for providing rather bogus "evidence" (often consisting of newspaper articles, rather than actual evidence) in support of its position. It seems like the only mainstream publication that actually bothered to read the report, rather than the USTR's "day is night" version of the events was Forbes, who notes that the USTR was being misleading in claiming victory. Of course, given how the US acted after it lost the Antigua case in the WTO, we can expect the US to appeal the ruling or... just ignore it and continue pretending the WTO actually ruled in its favor.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Mogilny, Jan 27th, 2009 @ 4:24pm

    Ha

    Getting rid of Chinese knock offs is like trying to get rid of the common cold. IMPOSSIBLE.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Jan 27th, 2009 @ 5:10pm

    Doesn't matter who won, this is simple proof that people will believe everything they read...

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    :Lobo Santo, Jan 27th, 2009 @ 5:15pm

    Re: Ha

    Hey man, Chinese knock-offs are innovation and competition!

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Doh-Boy, Jan 27th, 2009 @ 5:54pm

    Re:

    "Doesn't matter who won, this is simple proof that people will believe everything they read..."

    I can't believe you said that.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Mufi, Jan 27th, 2009 @ 6:50pm

    We can bitch and moan about fake stuff, knock offs of expensive items, but remember, we ALL use these items. What about the street vendor selling bootleg movies in NY? What about our all American Teen in Idaho uploading illegal MP3 on some P2P? Think about it.

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Steve, Jan 27th, 2009 @ 6:55pm

    While IP laws do need to be reformed. Something need to be done about the way China deals with Copywritten material. When someone can go up and buy a 2 disk pack of an artists best songs for $2, none of that money is going to people who make the material on the disk. Same thing goes when a box set of entire series, not seasons, for ~$30.

     

    reply to this | link to this | view in thread ]

  7.  
    icon
    Mike (profile), Jan 27th, 2009 @ 7:12pm

    Re:

    While IP laws do need to be reformed. Something need to be done about the way China deals with Copywritten material. When someone can go up and buy a 2 disk pack of an artists best songs for $2, none of that money is going to people who make the material on the disk. Same thing goes when a box set of entire series, not seasons, for ~$30.

    Actually, you should take a look closely at what's happening in the Chinese music market -- where the same thing applies. What they've done is rather than saying "something must be done" they've changed their business model... successfully.

    JY Park, a successful Korean music entrepreneur says that China is one of his most lucrative markets, but he doesn't worry about selling CDs or selling music there... he focuses on sponsorships, mobile subscriptions and live performances.

    So, instead of saying "something needs to be done" how about looking for ways to take advantage of the situation yourself?

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Lester, Jan 27th, 2009 @ 8:12pm

    US vs China & WTO

    Very typical of the US propaganda machine!
    Also it is so funny - Uncle Sam got caught with his pants down again!

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Dont think so, Jan 27th, 2009 @ 8:36pm

    Re:

    Mufi -> "fake stuff, knock offs of expensive items, but remember, we ALL use these items."

    Are you sure ?
    Lets see here ... fake stuff? - nope ... knock offs - nope
    Well, I guess you are wrong.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    US of A, Jan 27th, 2009 @ 10:39pm

    let see, I can't afford "Made in America" I don't have the money.

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Lawrence D'Oliveiro, Jan 28th, 2009 @ 12:29am

    Worth Noting...

    ...that back in the 19th century, when "developed world" meant "Europe", it was places like the US making the cheap knockoffs.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    A Dan, Jan 28th, 2009 @ 8:10am

    Reminds me of something...

    Good news! The chocolate ration is being increased to 20 grammes!

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    Al Eridani, Jan 28th, 2009 @ 2:33pm

    Re: Worth Noting...

    ... and ignoring the copyrights held by others.

     

    reply to this | link to this | view in thread ]


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