EU v China: The WTO Arbitration Award on Chinese Anti-Suit Injunctions in SEP Disputes

EU initiated WTO proceedings against China in February 2022, challenging Chinese courts' anti-suit injunctions in standard-essential patent disputes. EU alleged China's ASI policy violated TRIPS Articles 28.1, 28.2, and transparency obligations. WTO panel found ASI policy exists but rejected most EU claims except transparency violations. MPIA arbitrators reversed key findings in July 2025, ruling China's ASI policy inconsistent with TRIPS Articles 28.1, 28.2, and 1.1, while upholding transparency violations.