appConfigEntityId

bodyType

customContents

entityId

entityUuid

isVideo

articlePageQuery

article

articleSchemaContent

content

hooksArticlePageAdvertisementConfigArticle

hooksArticlePageFloatingButtonConfigArticle

appConfig

filter

json

liveArticle

Agence France-Presse

The European Union has obtained a mostly favourable ruling in one of its continuing trade disputes with China over intellectual property, according to a decision published by the World Trade Organization (WTO) on Monday.
Brussels first brought its case against China to the WTO three years ago, charging that Beijing was preventing European tech companies from using foreign courts to defend their patents.
A panel of WTO experts set up in December 2022 to examine the case issued a ruling last April rejecting most of Brussels’ claims and saying it had not shown that China’s actions violated the global trade organisation’s rules on intellectual property.
But an arbitration body created as an alternative the WTO’s moribund appellate system has now largely reversed that ruling.
“The arbitrators disagreed with the Panel’s interpretation,” a Geneva-based trade official, who asked not to be identified, said, explaining the decision.
The arbitrators, the official said, “found that the main measure at issue – which empowered Chinese courts to prohibit patent holders from enforcing their patent rights in jurisdictions outside of China in the context of patent litigation in China – was inconsistent with TRIPS obligations concerning those patent rights”.
TRIPS, or the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights, sets minimum standards for IP protection among member states.
Washington brought the WTO’s own Appellate Body to a grinding halt in December 2019 through years of blocking the appointment of new judges.
This has left many rulings by the WTO’s lower Dispute Settlement Body hanging, with dozens of dispute panel rulings so far appealed “into the void”.


In the meantime, nearly 30 WTO members, including the European Union and China – but not the United States – have developed an alternative appellate process allowing some cases to move forward.
The ruling published on Monday was the second to date by the so-called Multi-Party Interim Appeal Arbitration Arrangement.
In their conclusion, the arbitrators said WTO members were obliged to implement the TRIPS agreement “without frustrating the functioning of the systems of protection and enforcement of IP rights implemented by other Members in their respective territories”.
“Accordingly, we recommend that China bring into conformity with the TRIPS Agreement those measures found in this [decision], and in the Panel Report as modified by this [decision], to be inconsistent with that Agreement,” they said.


Why Xi’s US trip leaves Europe relieved by the trade truce – but wary of what comes next

China and EU deadlocked on medical devices, still talking on PHEV curbs: source

Chinese marques in driving seat as high petrol prices accelerate EU shift to electric cars

China’s industrial strengths must also benefit its trading partners

China-EU relations

New twist as WTO reverses parts of decision in EU-China intellectual property dispute

The World Trade Organization headquarters in Geneva, Switzerland. Photo: Reuters

EU share of China’s rare earth magnet shipments jumps in June

China’s near-monopoly control over the supply of rare earth elements has created some unease among European policymakers. Photo: AP

China’s near-monopoly control over the supply of rare earth elements has created some unease among European policymakers. Photo: Reuters

China slams EU banking sanctions as tensions rise ahead of key summit

China has urged the European Union to “immediately cease” its sanctions against two Chinese banks accused of violating the bloc’s trade embargo on Russia. Photo: Shutterstock

The EU is doing itself no trade favours in pushing China on Russia

Illustration: Craig Stephens

European Union sanctions 2 Chinese banks over aid to Russia

The EU has blacklisted two regional Chinese banks over links to Russia. Photo: Shutterstock

China lifts its sanctions on retired EU lawmaker Reinhard Buetikofer

China has dropped sanctions it imposed on a retired member of the European Parliament to clear the way for new rounds of engagement. Illustration: Reuters

China has confirmed it has lifted the sanctions it imposed on Reinhard Buetikofer. Photo: AFP

News

China

World

Europe

Tech

In April, WTO rejected the EU’s 2022 complaint that China had violated the global watchdog’s IP rules over patents for 3G, 4G and 5G tech


In April, WTO rejected the EU’s 2022 complaint that China had violated the global watchdog’s IP rules over patents for 3G, 4G and 5G tech.


New twist as WTO reverses parts of decision in EU-China intellectual property dispute

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}In April, WTO rejected the EU’s 2022 complaint that China had violated the global watchdog’s IP rules over patents for 3G, 4G and 5G tech

In April, WTO rejected the EU’s 2022 complaint that China had violated the global watchdog’s IP rules over patents for 3G, 4G and 5G tech