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Parliamentary question - E-002071/2022(ASW)Parliamentary question

    Answer given by Executive Vice-President Dombrovskis on behalf of the European Commission

    The EU requested consultations with China on 18 February 2022 in the framework of the World Trade Organisation (WTO) dispute settlement mechanism after careful consideration of relevant factors, in particular guaranteeing the fundamental right of access to court.

    The Court of Justice of the EU in the case Huawei v. ZTE (C-170/13)[1] held that the proprietor of an intellectual property right should in principle not be deprived from the right to have recourse to legal proceedings to ensure effective enforcement of his exclusive rights.

    The request for consultations focuses on China's measures which prohibit patent holders from asserting their rights in other jurisdictions by commencing, continuing or enforcing the results of legal proceedings before a non-Chinese court, which raise serious concerns in terms of compliance with WTO law.

    The request for consultations is limited to the specific issues defined therein. It does not challenge in general the competence of national jurisdictions to issue anti-suit injunctions .

    Furthermore, it is without prejudice to policy discussions in the EU and possible future action related to standard essential patents. The Commission is conducting an assessment of the standard essential patents framework .

    A call for evidence and a public consultation took place until 9 May 2022 and the results are now being analysed.

    Last updated: 3 August 2022
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