Us China Agreement Fact Sheet

The first themes are intellectual property and technology transfer. The fact sheet treats them as follows: With respect to other issues, the fact sheet refers to money which will likely mean provisions similar to those of the agreement between the U.S. S.- Mexico-Canada. Second, one of the major victories of the first phase, which was affirmed by the Trump administration, was China`s agreement to increase its purchases of U.S. goods by $200 billion over the next two years. Assuming that China can process this level of additional imports by the end of 2021, this agreement could strengthen the Chinese government`s role in the economy and, in any event, provide only temporary benefits to the United States. 4 USTR, U.S. and China enter into phase one trade agreements, available from ustr.gov/about-us/policy-offices/press-office/press-releases/2019/december/united-states-and-china-reach. As mentioned above, disputes must be taken into account by the government of one party: They must argue. This means that U.S. companies with doubts about the implementation of the agreement must convince the USTR to accept the complaint before discussing the issue with China. Depending on the political climate in Washington at the time, companies might find the USTR quite receptive to accepting complaints of non-compliance and taking action.

Last Friday, the U.S. Trade Representative`s office released a “factual fact sheet” on the U.S.-China trade agreement it had just announced. Reports indicate that the agreement will be signed in early January and that the text will be published some time later. A full analysis of the agreement will have to wait until then, but in this article we offer some comments on the details in the fact sheet. The protection and application of intellectual property (“IP”) was necessary for the study of the U.S. sector. 301 is of paramount importance, and the agreement reflects that. The Phase One trade agreement requires China to adopt an action plan outlining structural changes to its IP system and to address a number of concerns regarding trade secrets, patents and drug-related intellectual property, geographic indications (“GI”), trademarks and enforcement of laws against pirated and counterfeit products. China is required to provide a public notice of at least 45 days for all proposed implementation measures. Notable mental protection measures are: In the second half of 2018 to 2019, the governments of the United States and China again negotiated, out of the question, an agreement to resolve U.S.

complaints. The phase one agreement is the result of these efforts. As I said, the phase one agreement is only a preliminary agreement. It does not intend to deal with the most difficult issues arising from the Section 301 investigation and does not set a timetable for their treatment. First, the question of the continued participation of the Chinese government in the major sectors of the economy. It is difficult to imagine that the Chinese will easily agree to relinquish the government`s leading role in defining industrial policy and its implementation through complex regulatory interventions and subsidies, and it is difficult to imagine the basis for an agreement that would make a significant difference on these issues. Issues related to intellectual property e-theft, cybersecurity requirements and access to the Chinese public market will also be problematic. If the dispute is still unresolved, the parties must deliberate “quickly” on the damage or losses suffered by the complainant. In the absence of a consensus, the complainant is free to take whatever action it deems appropriate. B, in particular, by suspending part of its own obligations under the agreement or by adopting a “proportionate” and “appropriate” remedy.

If the defendant believes that the corrective actions taken by the complainant were in bad faith, it may terminate the contract.