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Helpful emails

Here are some emails that were real helpful. We are still requesting help from these people and orgainizations at this time.

The scope of the problem is illustrated in this email below. Jerad Wells forwarded this copy to me because of rampant abuse from China in the outdoor products industry

Jerad Wells
Business Development Associate
Outdoor Industry Association
4909 Pearl East Circle, Suite 200
Boulder, CO 80301
Direct:(303) 327-3506
Main:(303) 444-3353

From: Alex Boian
Sent: Wednesday, April 11, 2007 2:52 PM
To: Jerad Wells
Subject: OIA government affairs - US trade case against China goes to WTO

Hey Jerad,

You were asking me about the case filed in the World Trade Organization Monday by the US Trade Representative’s office. The case is requesting consultations (formal trade talks) to force China to crack down on copyright and trademark infringements that are widespread across outdoor and other industries. We have had discussions with the Trade Representative’s office on this issue and are able to communicate our members’ issues directly to Ambassador Schwab (US Trade Ambassador), her staff, the Department of Commerce and other federal policymakers. I have posted two stories below from our DC trade firm and a trade newsletter that provide some background.

Please let me know if you would like more information or have questions.



Alexander Boian
Government Affairs Associate
Outdoor Industry Association
4909 Pearl East Circle, Ste. 200
Boulder, CO 80301
PHONE: 303.327.3509

U.S. to Request WTO Consultations with China over IPR and Market Access Commitments
U.S. Trade Representative Susan Schwab announced April 9 that the U.S. plans to formally request WTO consultations with China Tuesday over deficiencies in China’s legal regime for protecting and enforcing copyrights and trademarks on a wide range of products and over China’s barriers to trade in books, music, videos and movies.

Despite numerous steps taken by China to improve its protection and enforcement of intellectual property rights, piracy and counterfeiting levels remain “unacceptably high,” said Schwab. In addition, certain Chinese laws “hobble the distribution of foreign home entertainment products and publications within China.” These laws, Schwab asserted, represent legal obstacles between legitimate products and Chinese consumers and give IPR pirates the upper hand in the Chinese market.

IPR Protection and Enforcement
According to the USTR, the United States’ consultation request on IPR protection and enforcement seeks to eliminate significant structural barriers that give pirates and counterfeiters in China a safe harbor to avoid criminal liability, to reduce the volume of counterfeit goods crossing the border into China and to give copyright owners more tools to prevent unauthorized copies in China.

Market Access
The market access consultation request seeks to eliminate Chinese import and internal distribution barriers that hamper the ability of U.S. publishers and producers of audio-visual products to get their legitimate products into the Chinese marketplace under normal market conditions.

A request for consultations is the first step in a WTO dispute. Under WTO rules, if the parties do not resolve the matter within a 60-day consultation period, then the U.S. may refer the matter to a dispute settlement panel.
Source Document 1... Source Document 2...

USTR to File China Protection Cases
By Evan Clark
WASHINGTON — U.S. Trade Representative Susan Schwab said she would file two cases against China with the World Trade Organization today, seeking to crack down on what many lawmakers view as inadequate protection of intellectual property rights.

These are the first intellectual property cases the U.S. has brought against China. They come two months after similar actions targeting illegal government subsidies in that country. Such WTO cases, which might lead to retaliatory tariffs, can take years to be resolved.

One of the cases addresses China's legal protocols for protecting and enforcing copyrights and trademarks, and the other focuses on barriers to trade in books, music, videos and movies.

"This is more than a handbag here or logo item there," Schwab said during a news conference here Monday. "It is often theft on a grand scale."

Combined with a Commerce Department decision last month to allow countervailing duty actions against China, the WTO cases represent a harder line in U.S.-China trade relations. The U.S. last year had a record $232.5 billion trade deficit with China, which has become an economic and political hot-button issue as many claim the country's policies give it an unfair advantage on the open marketplace.

"There is no trade war per se with between China and the United States," Schwab said. "We have a strong and growing trade relationship. Therefore it should not surprise anyone that there are frictions in this relationship."

The case on legal protocols, which would affect a wide swath of products, including apparel and accessories, rests on three basic points: thresholds, enforcement at the border and the lack of protection while goods undergo censorship approval in China.

To illustrate the threshold issue, Schwab displayed a table with 500 DVDs, CDs and books, all counterfeit and from China. If Chinese officials raided a business and found 500 counterfeit goods they could potentially send those involved to jail. But if 499 fakes were discovered, the officials would only seize the goods and impose administrative fines.

"The thresholds create a safe harbor for the pirates, and the pirates are only too willing to take shelter there," Schwab said.

On the other counts, Schwab said fake goods seized at the border can still be sold in China if the infringing logos were removed and that pirates do not wait for government censors before they start selling their illegal wares.

Lyle Vander Schaaf, a Wash ington-based intellectual property law expert, said China has taken steps to improve its intellectual property rights protections, but hasn't been able to keep up with demand in its marketplace.

"The problem has gotten worse rather than better and the Bush administration has been sitting back, rather patiently, trying to work with China and the problem hasn't gotten better," Vander Schaaf said. "If they didn't do it now, when would they?"

The case will give the administration more leverage in negotiations with China, he said. But given the breadth of the problem, intellectual property rights should continue to be a concern.

"It's going to be years before China gets to where the developed world wants them to be," Vander Schaaf said.

Stephanie Lester, vice president of international trade at the Retail Industry Leaders Association, a Washington lobbying group, said: "There's been so much pent-up pressure with China, you're just seeing some of the steam being released."

We received numerous emails like this one so my hopes were high

Hi there,

This email is to inform Mr. Jack Kloepfer. My name is Arby Leon and I am in the website development industry. Unfortunately I come a cross a lot of these website where the Chinese companies simply steal not only the websites but the actual product itself.

I suggest that if you contacts google.com they will for sure ban the Chinese website. That will penalize them for at least 6 months even if they remove your pages off of their site immediately. I would highly recommend you doing just that! I hope this information is helpful to you.

Thank you,

Arby Leon
T. 818-245-1110
F. 818-245-1108
Computer Intelligence Associates, Inc.

Our Outfitter based trade organization has offered to help, and I will be requesting that members send emails to their Congressmen and Senators.

----- Original Message -----
From: David Brown
To: info@jpwinc.com
Sent: Monday, March 26, 2007 8:48 AM
Subject: Website theft


We will write this company. I also suggest documenting all the theft, if you haven’t already. I can also call the State Department and find someone who deals with these issues if you need that help.

David Brown
Executive Director
America Outdoors
P.O. Box 10847
Knoxville, TN 37939
Fax 865-558-3598

I received this email from Keli Keach the ecommerce director of NRS (North West River Supplies) It was very helpful to get us going.

----- Original Message -----
From: Keli Keach
To: Jack Kloepfer
Sent: Monday, March 26, 2007 10:21 AM
Subject: Re: web site theft

Hello Jack,

Thank you for writing us concerning your website copy theft and I'm sorry to hear this has happened to you. I am the e-Commerce Manager for NRS and wanted to send you a few resources that I thought could help. Web laws are tough because of international borders, but search engines like Google are usually good at protecting the original owners of website copy.

Here is a link to a web archive. This could help prove that the copy was yours first. Just type your home page into the box and click on the "take me back" button.

Here is a link from a company called Copyscape.com. They are a resource to help companies understand copy theft and what you can do if it happens to your website. This has a ton of good information, starting with notifying the company of that you are aware of the theft and telling them they need to remove it.

Let me know if you have any questions or if you need help with any of this, I would be happy to assist you.


Keli Keach
NRS - E-Commerce Manager
Ph. 800.635.5202 ext. 279
Fax 877-567-7329


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