It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

18 Pages Posted: 27 Oct 2009 Last revised: 14 Apr 2015

See all articles by Tomer Broude

Tomer Broude

Hebrew University of Jerusalem - International Law Forum

Date Written: October 21, 2009

Abstract

This paper examines the implications of the WTO China-IPR Enforcement Case for the relationship between human rights law and trade-related intellectual property law. It shows that despite the theory whereby international trade law can spontaneously support the freedom of expression and possibly other human rights, the parties and the Panel were in practice oblivious to the human rights context of the dispute. In the WTO, human rights considerations will be integrated with international trade law (and IP law within it) only if a party makes explicit arguments to this effect, and a Panel opts to consider such arguments on their merits, not through issue avoidance.

Keywords: freedom of expression, cultural life, access to information, copyright, Berne convention, public morals, TRIPS, China, censorship, public order, trade, IP, IP enforcement

JEL Classification: IP law, IEL, international Public law, human rights law, public law, constitutional law

Suggested Citation

Broude, Tomer, It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression (October 21, 2009). Hebrew University International Law Research Paper No. 22-09, Available at SSRN: https://ssrn.com/abstract=1492222 or http://dx.doi.org/10.2139/ssrn.1492222

Tomer Broude (Contact Author)

Hebrew University of Jerusalem - International Law Forum ( email )

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