Chronique de jurisprudence. Chronique commentée du règlement des différends de l'omc (début juillet 2008 à début juillet 2009)

Umpteenth and ultimate ( ?) decision in the Hormones case : the Appellate Body refuses to put an end to retaliatory measures practiced by USA and Canada against EC, which, on grounds of the protection of public health, continue to refuse access to their market for meat and meat products from cattle treated with specific hormones. Nevertheless, the preceding Panel report, which resulted in an identical conclusion, is revised on numerous points by the Appellate Body (in particular as regards the question of scientific assessment, and as regards the precautionary principle), thus demonstrating more comprehension for non-market considerations. Following the Panel?s report in the China automobile parts case, the Appellate Body again condemns China for having granted, by its customs system, a preferential treatment of domestic parts as compared to imported parts, namely the assimilation of kits of automobile parts to complete vehicles, which resulted in their being more heavily taxed than Chinese parts. This is the first condemnation of China by the Dispute Settlement Body. A second condemnation followed shortly after China?s accession to WTO. It concerned China?s role as a main territory for activities of counterfeiting, more particularly its failure to grant protection for the rights of authors of works whose distribution China refuses to authorize. In addition, China is also in part condemned for its legislation, which does not, as a matter of sanctioning IPR infringements, provide for the withdrawal from commerce of infringing goods.