MPIA Partially Reverses WTO Ruling in EU-China IP Dispute

A panel of arbitrators under the Multi-Party Interim Appeal Arrangement has partially reversed a World Trade Organization panel decision in a dispute between the European Union and China over intellectual property enforcement measures.

The ruling, issued in connection with proceedings initiated in February 2022, addresses China’s use of anti-suit injunctions that prevent European rights holders from pursuing challenges in European courts. The MPIA arbitrators determined that Beijing’s practices violated WTO rules.

The dispute centers on measures that block parallel litigation in foreign jurisdictions concerning patents and other IP rights. The partial reversal clarifies the scope of permissible enforcement actions under WTO agreements.

The decision provides additional guidance for WTO members on the interaction between domestic IP enforcement tools and international obligations. It is expected to influence ongoing discussions regarding anti-suit injunctions in cross-border IP cases.

Sources: https://insidetrade.com/daily-news/new-mpia-ruling-partially-reverses-wto-decision-eu-china-ip-dispute https://news.bloomberglaw.com/ip-law