Case Publication

Insights on the China/EU TRIPS Dispute: DS/611

I will be a discussant on the recent WTO arbitral decision in DS/611 before a virtual meeting  Friends of the Multilateralism Group (FMG).   The FMG brings together WTO Ambassadors (past and present), retirees ad experts from IGOs and the private sector, in order to debate issues affecting the multilateral trading system.  I will be talking at the FMG session on the report of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) on the China/EU TRIPS dispute DS/611 involving Standards Essential Patents and anti-suit injunctions, including China’s transparency obligations to publish internal policies and cases of “general application.”  The program is now scheduled for September 4, 2025 from 15:30-17:00 Geneva time (09:30-11:00 A.M. Washington, DC).   Here is the registration link:  https://us02web.zoom.us/webinar/register/WN_VkmkOldLSP-yitlOeFG6Rw#/registration.  

The arbitral decision and the prior panel decision are available here.  I had blogged about the decision here.  The EU had also since initiated consultations on a later, but parallel case involving global rate setting for SEPs by China, DS/632.  If this latter case proceeds, it will be interesting to see how the arbitrators further address the extraterritorial impact from Chinese SEP court cases.

I look forward to discussing my personal views on the case and its implications with FMG and the public.

2 replies »

  1. Dear Mark

    I look forward to hearing your remarks on the arbitral decision for WTO DS/611.

    Regarding the second EU complained filed against China, please note that the case number is DS/632https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds632_e.htm (rather than 631).

    Yours sincerely | Mit freundlichen Grüßen

    Elisabeth Opie
    Rechtsanwältin
    Solicitor (Australia, England and Wales)

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