WTO arbitrators issue award in IP dispute between EU and China
The World Trade Organization (WTO) has circulated the arbitration award in case DS611, China — Enforcement of Intellectual Property Rights, concluding appeal proceedings initiated by the EU under Article 25 of the Dispute Settlement Understanding (DSU). The dispute concerns China’s use of anti-suit injunctions (ASIs) in litigation involving standard-essential patents (SEPs), and an alleged unwritten ASI policy. The arbitration was conducted under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), following the suspension of panel proceedings in April 2025. The arbitrators reviewed the panel’s findings and considered whether China’s measures were consistent with obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), including Articles 1.1, 28.1, 28.2, 41.1, 44.1, 63.1 and 63.3.