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EU moves to the next level in WTO dispute with China over ASIs

The European Commission has requested the establishment of a panel at the World Trade Organization for an ongoing trade dispute with China.

The dispute concerns the legality of China restricting EU holders of high-tech patents from accessing EU courts to effectively protect and enforce their rights.

The Commission says that "Chinese “anti-suit injunctions” muzzle high-tech patent holders".

The EU's request will be considered at a meeting on 20 December 2022. China can oppose the establishment of a panel once. If it does so, the EU will renew its request and the panel will be established at a meeting on 30 January 2023. Panel proceedings can last up to one and a half years.

EU seeks to ensure that its high-tech industry can effectively exercise its patent rights to protect investment in innovation


sep frand disputes, patent litigation