US–China Intellectual Property Dispute—A Comment on the Interpretation of the TRIPS Enforcement Provisions

Abstract

This article focuses on the significance of the US–China intellectual property panel report in terms of the light it shed on the interpretation of certain provisions on domestic enforcement contained in part III of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS). The panel made several important observations in respect of certain TRIPS domestic enforcement provisions either reinforcing views previously held, adding further meaning or shedding new light on these provisions, explaining its reasoning, and including, on several occasions, an examination of the negotiating history of TRIPS. This article picks out certain key points of interpretation by way of illustrating the significant contribution made by the panel to TRIPS jurisprudence.