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WTO reverses some of its previous decisions in EU-China Intellectual Property Dispute

WTO reverses some of its previous decisions in EU-China Intellectual Property Dispute

Arbitrators at the World Trade Organization reversed a part of the previous panel's decision on Monday, which had rejected European Union claims that China violated intellectual property rules set by the global watchdog.

A WTO panel in April rejected the EU complaint that China violated IP rules of the global watchdog over patents for mobile technology 3G,4G, and 5G. It did, however, say that China failed to meet all WTO transparency requirements.

The EU appealed at the Multi-Party Appeal Arbitration Arrangement - a substitute for the WTO Appellate Body, which was shut down in 2019 because the United States blocked judge nominations repeatedly.

The arbitrators found on Monday that part of the previous panel's decision was reversed and that the Chinese courts had prohibited patent holders from enforcing their rights outside of China through anti-suit injunctions. This was in violation of Trade-Related Aspects Intellectual Property Rights (TRIPS) rules relating to patent rights.

The arbitrators confirmed the previous findings in four cases, but reversed them in three. The WTO has given China 90-days to correct its actions to be in compliance with WTO rules.

The Chinese Ministry of Commerce announced on Tuesday that it has taken note of this situation.

The arbitration tribunal, while expressing its approval of some conclusions, stated that it had made an error in concluding that WTO members must not interfere with a patent owner's right to enforce his rights within the jurisdictions of other WTO members.

China expressed dissatisfaction over this aspect of ruling, it added. It would carefully evaluate the decision and deal with the matter in accordance to WTO rules.

(source: Reuters)