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9 April 2018Patents

Japan seeks to join US trade complaint against China

Japan is seeking to join the US’s World Trade Organization (WTO) complaint against China over the alleged theft of IP, according to The Japan Times.

It is believed that Japan is looking to join the complaint as a third party. If the request is approved by China and the US, Japan will be able to give its opinions during WTO consultations involving China and the US.

The US Trade Representative ( USTR) filed its WTO complaint on March 26, claiming that China was breaking WTO rules by denying US companies “basic patent rights” in China.

The complaint follows a 2017 investigation by the USTR into China’s violations of US IP rights.

It concluded that China has a policy of “forced technology transfer” and that China was committing cyber theft.

If the US and China are not able to reach a mutually-agreed solution through consultation, then the US will have the option of requesting a review of the issue by a WTO dispute settlement panel.

The initial complaint came one day after US President Donald Trump announced tariffs of up to $60 billion on China in an effort to prevent IP theft.

In retaliation to the tariffs, China said it would impose import tariffs of 15% on 120 types of US products, worth $977 million.

On Thursday, April 5, China filed a request with the WTO for consultations with the US under the organisation’s Dispute Settlement Mechanism.

In its request for consultations, China said that US tariffs were inconsistent with relevant WTO provisions. It also claimed the “measures at issue appear to nullify or impair benefits accruing to China directly under the cited agreements”.

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More on this story

Patents
26 March 2018   The US has accused China of breaking World Trade Organization (WTO) rules by denying US companies’ “basic patent rights” in the country.
Patents
23 March 2018   The US has announced tariffs of up to $60 billion on China, in response to China’s alleged IP violations.
Patents
10 April 2018   A trade group representing technology companies including Apple, Amazon and Google has urged the US to build an international coalition to take on China’s trade practices and IP rules instead of focusing on tariffs.