EU launches WTO dispute against China over 5G IP  

On February 18, the European Union launched a legal challenge against China at the World Trade Organization, arguing that Chinese courts were preventing European companies from protecting their cellular technology patents. The EU considers that China is violating the WTO TRIPS Agreement, as Chinese courts continue to issue broad anti-suit injunctions (ASIs), thus deterring owners of cellular standard essential patents (SEPs) from litigating patent licensing disputes outside of China. Alongside the broad ASIs, it has been asserted that the Chinese courts are setting unduly low global licensing rates in their rulings. While the EU case focuses on ASIs, industry experts point out that it is the combination strategy that harms the position of European and other SEP owners. The European Commission filed the challenge on behalf of the 27 EU members, and other WTO members, such as Australia and the UK, have already joined the case. The next step is consultations. 

Read the full story.  

On February 18, the European Union launched a legal challenge against China at the World Trade Organization, arguing that Chinese courts were preventing European companies from protecting their cellular technology patents. The EU considers that China is violating the WTO TRIPS Agreement, as Chinese courts continue to issue broad anti-suit injunctions (ASIs), thus deterring owners of cellular standard essential patents (SEPs) from litigating patent licensing disputes outside of China. Alongside the broad ASIs, it has been asserted that the Chinese courts are setting unduly low global licensing rates in their rulings. While the EU case focuses on ASIs, industry experts point out that it is the combination strategy that harms the position of European and other SEP owners. The European Commission filed the challenge on behalf of the 27 EU members, and other WTO members, such as Australia and the UK, have already joined the case. The next step is consultations. 

Read the full story.