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ARTICLE · 23 DECEMBER 2022

EU Challenges China's Anti-Suit Injunctions At The WTO

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The European Union has filed a legal challenge before the World Trade Organization against China's use of "anti-suit injunctions" (ASIs) to restrict EU holders from enforcing...

European UnionIntellectual Property
Kathryn Clune
Kathryn Clune
Marcia Pulcherio
Marcia Pulcherio

The European Union has filed a legal challenge before the World Trade Organization against China's use of "anti-suit injunctions" (ASIs) to restrict EU holders from enforcing standard-essential patents against Chinese companies in any non-Chinese court. The EU's request for the establishment of a WTO panel challenges Chinese court-issued ASIs as they "forbid patent holders to commence, continue or enforce the results of any legal proceedings before any non-Chinese court and which are enforced through daily penalties in case of infringement."

The EU asserts that ASIs restrict the right of SEP owners to conclude licensing contracts and to seek legal remedies in case of infringement of their rights. By filing this request, the EU "seeks to ensure that its high-tech industry can effectively exercise its patent rights to protect investment in innovation." This request comes after the EU was unable to settle the dispute through political and diplomatic

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