China appears to have taken a meaningful step toward complying with the WTO’s DS611 ruling by stepping back from its controversial use of anti-suit injunctions in SEP disputes, with no new ASIs reported since the decision and indications—primarily through WTO statements—that the Supreme People’s Court withdrew the policy. However, implementation remains incomplete. The underlying doctrine has not been clearly repudiated, key judicial materials remain difficult to locate, and earlier decisions continue to be inconsistently published, often in anonymized or unstable form. The WTO arbitrators’ expansive interpretation of “decisions of general application” raises additional concerns, as it extends TRIPS transparency obligations beyond formal precedent in ways that may not align with how Chinese courts actually develop policy. At the same time, the United States’ attempt to narrow transparency obligations was rightly rejected. With parallel developments in Europe and the UK, anti-suit injunctions are no longer uniquely Chinese, but part of a broader global struggle over jurisdiction in SEP disputes. China’s response reflects a cautious retreat rather than a full policy reversal, leaving important questions about transparency, judicial signaling, and future practice unresolved.
