China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights (WT/DS362/R), Report of the Panel issued on 26 January 2009, adopted on 20 March 2009

The United States claims that China has not provided for criminal procedures and penalties to be applied in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale that fail to meet certain thresholds. The United States requests that the Panel find that China's IPR thresholds are inconsistent with China's obligations under Article 61 of the TRIPS Agreement. However, the Panel has concluded that the United States has not established that the criminal thresholds are inconsistent with China's obligations under the first sentence of Article 61 of the TRIPS Agreement.