dean22029/WTO_Docs huggingface dataset:
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Status Report by China Addendum
Date: 9 March 2010
Document codes: WT/DS362/14/Add.2
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Status Report by China

Addendum

 The following communication, dated 8 March 2010, from the delegation of China to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS362)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 20 March 2009, the Dis pute Settlement Body adopted the Panel report on

(WT/DS362). On 15 April 2009, China informed the DSB of its intention to implement the
recommendations and rulings of the DSB in connection with this matter.

 The Decision of the Standing Committee of the Eleventh National People's Congress on
Amending the Copyright Law of the People's Republic of China was adopted at the 13th Meeting of
the Standing Committee of the Eleventh National People's Congress of the People's Republic of China
on 26 February 2010. China has implemented the recommendations and rulings of the DSB with
respect to the Copyright Law.

 The legislative proposals relating to the amendment of the Regulations for Customs
Protection of Intellectual Property Rights have been submitted to the State Council for examination.
China will continue working on the amendment of th e regulation, according to its domestic legislative
procedures, that would resolve this matter.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Request to Join Consultations Communication from the European Communities
Date: 27 April 2007
Document codes: WT/DS363/2
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 25 April 2007, from the delegation of the European
Communities to the delegation of China, the delega tion of the United States and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes , the European Communities hereby notifies the Governments of the People's
Republic of China, of the United States and the Di spute Settlement Body that, in the light of the
substantial trade interest of the European Communities, it desires to be joined in the consultations
requested by the United States in a communicati on circulated to WTO Members on 16 April 2007
(, , ) entitled " ".

 China is the fourth largest destination of EC exports. Among exports to China, European
companies have significant business interests in the export of publications and audiovisual products to
China and in the supply of distribution services for such products in China. The European
Communities thus has a substantial trade interest in the present dispute, in the implementation of
China's commitments under its protocol of accession to the WTO and in the correct application of the
General Agreement on Trade in Services and the General Agreement on Tariffs and Trade.
CHINA - MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Acceptance by China of the Request to Join Consultations The European Communities notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the DSU. The delegation of China informed the DSB th at it had accepted the request of the European Communities to join the consultations. CHINE - MESURES AFFECTANT LES DROITS DE COMMERCIALISATION ET LES SERVICES DE DISTRIBUTION POUR CERTAINES PUBLICATIONS ET CERTAINS PRODUITS DE DIVERTISSEMENT AUDIOVISUELS
Date: 25 May 2007
Document codes: WT/DS363/3
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA - MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Acceptance by China of the Request to Join Consultations

 The European Communities notified the Dispute Settlement Body (DSB) of their desire to be
joined in the consultations requested by the United States, pursuant to Article 4.11 of the DSU.

 The delegation of China informed the DSB th at it had accepted the request of the European
Communities to join the consultations.

CHINE - MESURES AFFECTANT LES DROITS DE COMMERCIALISATION
PUBLICATIONS ET CERTAINS PRODUITS DE
DIVERTISSEMENT AUDIOVISUELS

désir d'être admises à participer aux consultati ons demandées par les États-Unis, conformément à

Y LOS SERVICIOS DE DISTRIBUCIÓN RESPECTO DE
DETERMINADAS PUBLICACIONES Y PRODUCTOS
AUDIOVISUALES DE ESPARCIMIENTO

 Las Comunidades Europeas notificaron al Órgano de Solución de Diferencias (OSD), de

 La delegación de China ha informado al OS D de que ha aceptado la solicitud de asociación a
CHINA - MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Request to Join Consultations Communication from the European Communities
Date: 26 July 2007
Document codes: WT/DS363/4
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA - MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 20 July 2007, from the delegation of the European
Communities to the delegation of China, the delega tion of the United States and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes , the European Communities hereby notifies the Governments of the People's
Republic of China ("China"), of the United States and the Dispute Settlement Body that, in the light of
the substantial trade interest of the European Comm unities, it desires to be joined in the supplemental
consultations requested by the United States in a communication circulated to WTO Members on
16 July 2007 (, , ) entitled " China – Measures
Affecting Trading Rights and Distribution Servi ces for certain Publicat ions and Audiovisual
Entertainment Products".

 The European Communities requests to be joined in the consultations as a third party given the
systemic questions involved and the substantive business interests the EC has in the distribution sector
in China. The European Communities thus has a subs tantial trade interest in the present dispute, in
the implementation of China's commitments under its protocol of accession to the WTO and in the
correct application of the General Agreement on Trade in Services and the General Agreement on
Tariffs and Trade.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 28 March 2008
Document codes: WT/DS363/6; WT/DS363/5; WT/DS363/5
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Constitution of the Panel Established at the Request of the United States

Note by the Secretariat

1. At its meeting on 27 November 2007, the Dis pute Settlement Body (DSB) established a panel
pursuant to the request of the United States in document , in accordance with Article 6 of
the DSU (WT/DSB/M/242).

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 17 March 2008, the United States request ed the Director-General to determine the
composition of the panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:

"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the com position of the panel by appointing the
panelists whom the Director-General consid ers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 27 March 2008, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Florentino P. Feliciano

 Members: Mr Juan Antonio Dorantes
 Mr Christian Häberli

5. Australia, the European Comm unities, Japan, Korea and Chinese Taipei have reserved their
rights to participate in the Panel proceedings as third parties.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 23 September 2008
Document codes: WT/DS363/7
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Communication from the Chairman of the Panel

 The following communication, dated 22 September 2008, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on China – Measures Affecting Trading Rights and Distribution Services for
Certain Publications and Audi ovisual Entertainment Products (WT/DS363) was established by the
DSB on 27 November 2007, and composed on 27 March 2008.

 Mainly due to scheduling difficulties, however, the Panel will not be able to complete its
work within six months from the date of the Panel's composition. The Panel estimates that it will
issue its final report to the parties to the dispute in February 2009.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 26 February 2009
Document codes: WT/DS363/8
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Communication from the Chairman of the Panel

 The following communication, dated 25 February 2009, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on China – Measures Affecting Trading Rights and Distribution Services for
Certain Publications and Audi ovisual Entertainment Products (WT/DS363) was established by the
DSB on 27 November 2007, and composed on 27 Ma rch 2008. On 22 September 2008, the Panel
informed the DSB that it would not be able to comp lete its work within six months from the date of
the Panel's composition, and that the estimated date for the issuance of the final report to the parties to
the dispute was February 2009.

 However, since then, the Panel has had to seek out the services of an outside expert to address
a number of translation issues. This process, to gether with the complexity of the matter and
scheduling problems, has caused further delays. Th e Panel now estimates that it will issue its final
report to the parties in May 2009.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 29 May 2009
Document codes: WT/DS363/9
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Communication from the Chairman of the Panel

 The following communication, dated 28 May 2009 , addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on China – Measures Affecting Trading Rights and Distribution Services for
Certain Publications and Audi ovisual Entertainment Products (WT/DS363) was established by the
DSB on 27 November 2007, and composed on 27 Ma rch 2008. On 22 September 2008, the Panel
informed the DSB that it would not be able to comp lete its work within six months from the date of
the Panel's composition, and that the estimated date for the issuance of the final report to the parties to
the dispute was February 2009. On 26 February 2009, the Panel informed the DSB that, due in
particular to the need to have recourse to an outsi de expert to address various translations issues, it
estimated to issue its final report in May 2009.

 The complexity of the matter and the length of the report has resulted in some additional
delays, including so as to give the parties sufficien t time to review the interim report. The Panel now
estimates that it will issue its final report to the parties in the second half of June 2009.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Notification of an Other Appeal by the United States under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 23(1) of the Working Procedures for Appellate Review
Date: 6 October 2009
Document codes: WT/DS363/11
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS
AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Notification of an Other Appeal by the United States

under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 23(1) of the Working Procedures for Appellate Review

 The following notification, dated 5 October 2009 , from the Delegation of the United States, is
being circulated to Members.

Pursuant to Rule 23 of the Working Procedures for Appellate Review , the United States
hereby notifies its decision to appeal to the Appellate Body certain issues of law covered in the Report
of the Panel in China – Measures Affecting Trading Right s and Distribution Services for Certain
Publications and Audiovisual Entertainment Products ( & Corr.1) ("Panel Report") and
certain legal interpretations developed by the Panel.

 The United States seeks review by the Appellate Body of the Panel's legal conclusion that the
State plan requirement in Article 42 of the Publications Regulation can be characterized as
"necessary" to protect public morals in China within the meaning of Article XX(a) of the General
Agreement on Tariffs and Trade 1994.
1 This conclusion is in error and is based on erroneous findings
on issues of law and legal interpretations, and on the Panel's failure to carry out its obligations under
Article 11 of the Understanding on Rules and Procedures Go verning the Settlement of Disputes to
make an objective assessment of the matter before it.

1See, e.g., Panel Report, paras. 7.829-7.836.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Communication from the Appellate Body
Date: 18 November 2009
Document codes: WT/DS363/12
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS
AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Communication from the Appellate Body

 The following communication, dated 17 November 2009, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body (the "DSB") of its decision to appeal . Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 China notified the DSB on 22 September 2009 of its decision to appeal certain issues of law
covered in the Panel Report and le gal interpretations developed by the Panel in this case, with the
result that the 60-day period expires on Monday, 23 November 2009. Due to the time required for
completion and translation of the Report, the Appella te Body will not be able to circulate its Report
by Monday, 23 November 2009. We estimate that the Appellate Body Report in this appeal will be
circulated to WTO Members no later than Monday, 21 December 2009.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Communication from the Appellate Body
Date: 21 December 2009
Document codes: WT/DS363/13
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS
AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Communication from the Appellate Body

 The following communication, dated 21 December 2009, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide to you the Report of the Appellate Body in China – Measures
Affecting Trading Rights and Distribution Servi ces for Certain Publicat ions and Audiovisual
Entertainment Products , It will be circulated to Members of the at 4.00 p.m. today, in accordan ce with paragraph 5 of Article 17 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes . It is a confidential document until its
circulation. The three Members of the Appellate Body who served on this appeal were Ms. Jennifer
Hillman, as Presiding Member, Mr. Shotaro Os hima and Mr. Ricardo Ramírez-Hernández, as
Members.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Communication from China and the United States concerning Article 21.3(c) of the DSU
Date: 9 March 2010
Document codes: WT/DS363/15
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Communication from China and the United States concerning

Article 21.3(c) of the DSU

 The following communication, dated 4 March 2010, from the delegation of China and the
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the
request of these delegations.

 The Dispute Settlement Body ("DSB") a dopted its recommendations and rulings in
the dispute (DS363) on 19 January 2010. In its statement
at the DSB meeting of 18 February 2010, China notified the DSB that it intends to implement the
recommendations and rulings of the DSB in this di spute and stated that it would need a reasonable
period of time for implementation.

Article 21.3(c) of the Understanding on Rules and Proce dures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days
after the date of adoption of the recommendations and rulings." In or der to allow sufficient time for
the parties to discuss a mutually agreed period, Chin a and the United States (i) agree that, in the event
an arbitration under Article 21.3(c) of the DSU is requested, it shall be completed no later than 60
days after the date of the appointment of an arbitrator, unless the arbitrator, following consultation
with the parties, considers that additional time is required; and (ii) hereby confirm that any award of
the arbitrator (including an award not made within 90 days after the date of adoption of the DSB
recommendations and rulings) shall be deemed to be an award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reas onable period of time for China to implement the
recommendations and rulings of the DSB.

For the People's Republic of China

Mr. ZHANG Xiangchen
Chargé d’affaires, a.i.
For the United States of America

Mr. David P. Shark
Chargé d’affaires, a.i.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Agreement under Article 21.3(b) of the DSU
Date: 13 July 2010
Document codes: WT/DS363/16
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 12 July 2010, from the delegation of China and the
delegation of the United States to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, China and the United States have agreed that the
reasonable period of time for China to implement the recommendations and rulings of the Dispute
Settlement Body ("DSB") in the dispute (WT/DS363) shall be
14 months from the 19 January 2010 date of adop tion of the DSB recommendations and rulings.
Accordingly, the reasonable period of time expires on 19 March 2011.

 We request that you circulate this notification to the Members of the DSB.

 For the People's Republic of China For the United States of America

 (signed) (signed)
 H.E. Mr Sun Zhenyu H.E. Mr Michael Punke
 Ambassador Ambassador
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China
Date: 14 January 2011
Document codes: WT/DS363/17
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

 The following communication, dated 13 January 2011, from the delegation of China to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
On 18 February 2010, China informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter.

On 12 July 2010, China and the United States in formed the DSB that they had agreed that
the reasonable period of time for China to implement the recommendations and rulings of the DSB
shall be 14 months from the date of adoption of th e Appellate Body and pane l reports. Accordingly,
the reasonable period of time expires on 19 March 2011.

 China once again reiterates its intention to im plement the recommendations and rulings of the
DSB in this dispute. After the adoption of the Appe llate Body report and the panel report by the DSB,
relevant Chinese agencies began to actively st udy various possible ways of implementation.
Considering that this dispute concerns a numb er of Chinese administrative measures on cultural
products and is embodied with more complexity and sensitivity than other disputes, China currently is
conducting prudent analysis on how to amend relevant measures at issue.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 14 February 2011
Document codes: WT/DS363/17/Add.1
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 11 Februa ry 2011, from the delegation of China to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).

 On 12 July 2010, China and the United States in formed the DSB that they agreed that the
reasonable period of time for China to implement the recommendations and rulings of the DSB shall
be 14 months from the date of adoption of the Appellate Body and panel reports. The reasonable
period of time accordingly expires on 19 March 2011.

 China avails itself of this opportunity to restate its intention to implement the
recommendations and rulings of the DSB. After the adoption of the Appellate Body report and the
panel report by the DSB, relevant Chinese agencies began to actively study va rious possible ways of
implementation. Considering that this dispute c oncerns a number of Chinese administrative measures
on cultural products and is embodied with more comp lexity and sensitivity than other disputes, China
currently is conducting analysis on how to amend re levant measures at issue. Certain measures have
been in the process of amendment and draft revisions were published for public comments.

 China will continue its implementation e fforts in order to resolve this matter.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 15 March 2011
Document codes: WT/DS363/17/Add.2
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 14 March 2011, from the delegation of China to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body Report and the Panel
Report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
The reasonable period of time for China to implem ent the recommendations and rulings of the DSB
expires on 19 March 2011.

 Although China was disappointed and has serious concerns with Reports of the Appellate
Body and the Panel on this dispute, China respect s the ruling and recommendations of the DSB. As
we stated before, this dispute involves a num ber of Chinese administrative measures on cultural
products and is embodied with more complexity and sensitivity than other disputes. In this regard,
China hopes relevant WTO Members could understa nd the difficult and complicated situation China
is facing during the process of implementation.

 China made tremendous efforts to implement the DSB's rulings and recommendations, and so
far has completed amendments to mo st measures at issue, including Regulations on the Management
of Publications and Regulations on the Management of Audiovisual Products. This fully demonstrates
the sincerity of Chinese Government to implement the rulings and recommendations of the DSB.

 China believes that this matter will be resolv ed properly through joint efforts and mutual
cooperations by relevant parties.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 11 April 2011
Document codes: WT/DS363/17/Add.3
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 8 April 2011, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
On 18 February 2010, China informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter.

 On 12 July 2010, China and the United States info rmed the DSB that they had agreed that the
reasonable period of time for China to implement the recommendations and rulings of the DSB shall
be 14 months from the date of adoption of the Appe llate Body and panel reports. Accordingly, the
reasonable period of time expires on 19 March 2011.

 China made tremendous efforts to implement the DSB's rulings and recommendations, and so
far has completed amendments to mo st measures at issue, including Regulations on the Management
of Publications , Regulations on the Management of Audiovisual Products , and Provisions on the
Administration of the Publications Market . The draft amendment to Catalogue of Industries for
Guiding Foreign Investment has been published for public comment. This fully demonstrates the
sincerity of Chinese Government to implement the rulings and recommendations of the DSB.

 China believes that this matter will be resolv ed properly through joint efforts and mutual
cooperations by relevant parties.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 13 May 2011
Document codes: WT/DS363/17/Add.4
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 12 May 2011, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
On 18 February 2010, China informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter.

 On 12 July 2010, China and the United States info rmed the DSB that they had agreed that the
reasonable period of time for China to implement the recommendations and rulings of the DSB shall
be 14 months from the date of adoption of the Appe llate Body and panel reports. Accordingly, the
reasonable period of time expires on 19 March 2011.

 China made tremendous efforts to implement the DSB's rulings and recommendations, and so
far has completed amendments to mo st measures at issue, including Regulations on the Management
of Publications , Regulations on the Management of Audiovisual Products , and Provisions on the
Administration of the Publications Market . The draft amendment to Catalogue of Industries for
Guiding Foreign Investment has been published for public comment. This fully demonstrates the
sincerity of Chinese Government to implement the rulings and recommendations of the DSB.

 China believes that this matter will be resolv ed properly through joint efforts and mutual
cooperations by relevant parties.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 7 June 2011
Document codes: WT/DS363/17/Add.5
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 6 June 2011, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
On 18 February 2010, China informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter. On 12 July 2010, China and the United
States informed the DSB that they had agreed th at the reasonable period of time for China to
implement the recommendations and rulings of the DS B shall be 14 months from the date of adoption
of the Appellate Body and panel reports.

 China made tremendous efforts to implement the DSB's rulings and recommendations, and so
far has completed amendments to mo st measures at issue, including Regulations on the Management
of Publications , Regulations on the Management of Audiovisual Products , and Provisions on the
Administration of the Publications Market . The draft amendment to Catalogue of Industries for
Guiding Foreign Investment has been published for public comment. This fully demonstrates the
sincerity of Chinese Government to implement the rulings and recommendations of the DSB.

 China believes that this matter will be resolv ed properly through joint efforts and mutual
cooperations by relevant parties.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 8 July 2011
Document codes: WT/DS363/17/Add.6
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 7 July 2011, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
On 18 February 2010, China informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter. On 12 July 2010, China and the United
States informed the DSB that they had agreed th at the reasonable period of time for China to
implement the recommendations and rulings of the DS B shall be 14 months from the date of adoption
of the Appellate Body and panel reports.

 China made tremendous efforts to implement the DSB's rulings and recommendations, and so
far has completed amendments to mo st measures at issue, including Regulations on the Management
of Publications , Regulations on the Management of Audiovisual Products , and Provisions on the
Administration of the Publications Market . The draft amendment to Catalogue of Industries for
Guiding Foreign Investment has been published for public comment. This fully demonstrates the
sincerity of Chinese Government to implement the rulings and recommendations of the DSB.

 China believes that this matter will be resolv ed properly through joint efforts and mutual
cooperations by relevant parties.
CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS
Document: Status Report by China Addendum
Date: 23 August 2011
Document codes: WT/DS363/17/Add.7
Complainant: U.S.
Respondent: China
Third parties: Australia, EU, Japan, South Korea, Taiwan
Dispute stage: Appellate Body
Agreements cited: Part I, para. 5.2  Protocol of AccessionArt. XI:1, III:4  GATT 1994Art. XVII, XVI  Services (GATS)Part I, para. 1.2, Part I, para. 5.1  Protocol of Accession

CHINA – MEASURES AFFECTING TRADING RIGHTS AND
DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS
AND AUDIOVISUAL ENTERTAINMENT PRODUCTS

Status Report by China

Addendum

 The following communication, dated 22 August 2011, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS363)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 At its meeting on 19 January 2010, the DSB a dopted the Appellate Body report and the panel
report, as modified by the Appellate Body report on China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
On 18 February 2010, China informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter. On 12 July 2010, China and the United
States informed the DSB that they had agreed th at the reasonable period of time for China to
implement the recommendations and rulings of the DS B shall be 14 months from the date of adoption
of the Appellate Body and panel reports.

 China made tremendous efforts to implement the DSB's rulings and recommendations, and so
far has completed amendments to mo st measures at issue, including Regulations on the Management
of Publications , Regulations on the Management of Audiovisual Products , and Provisions on the
Administration of the Publications Market . The draft amendment to Catalogue of Industries for
Guiding Foreign Investment has been published for public comment. This fully demonstrates the
sincerity of Chinese Government to implement the rulings and recommendations of the DSB.

 China believes that this matter will be resolv ed properly through joint efforts and mutual
cooperations by relevant parties.