|
In 1996, the European Community and United States filed complaints with the WTO against Japan concerning their distribution and protection of sound recordings that originated in their respective states. Both disputes accused Japan of violating numerous articles of the TRIPS Agreement. Both disputes were settled in December 1997, with the involved parties finding mutually agreeable solutions. DS28 was the first case ever brought to the WTO's dispute settlement body based on the TRIPS Agreement.〔(【引用サイトリンク】title=WTO - dispute settlement - the disputes - DS28 )〕 ==DS28== Since the 1980s, the Office of the United States Trade Representative had been monitoring Japan's distribution of American intellectual property and had been looking to retaliate against them under Section 301 of the Trade Act of 1974. The United States first filed a request for consultation to the WTO's Dispute Settlement Body on February 14, 1996. The United States claimed that Japan, as a developed country, was not granting the United States most favoured nation status or criminally prosecuting piracy and requested a meeting for February 20, 1996.〔(【引用サイトリンク】title=IP/D/1 ; WT/DS28/1 )〕 Japan was accused of violating following articles of the TRIPS Agreement: * Article 3 - Members may not treat any member's good any less favorably than their own. * Article 4 - All intellectual property has most favored nation status. * Article 14 - Protection of performers or producers from the unauthorized reproduction or broadcast of their work * Article 61 - The provision of criminal procedure to prevent the willful or commercial copying of intellectual property. * Article 65 - Transitional rights for developing and developed nations. * Article 70 - Protection of existing works. On February 22, the European Communion sent a communication to the involved parties requesting to join in the dispute against Japan, and claimed that there were over 100 million euro worth of pirated or otherwise illegally distributed Japanese recordings, including those of The Beatles, The Who, Eric Clapton, Leonard Bernstein, Berlin Philharmonic Orchestra and Vienna Philharmonic Orchestra in circulation in Japan.〔(【引用サイトリンク】title=WT/DS28/2 )〕 On February 29, Japan formally announced to the Dispute Settlement Body that they accepted the European Community's request to join the consultations with the United States.〔(【引用サイトリンク】title=WT/DS28/3 )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Japanese Sound Recording Trade Disputes」の詳細全文を読む スポンサード リンク
|