On Monday 20 January, the European Commission requested the opening of yet another dispute with China at the World Trade Organization (WTO). This time, the aim is to enforce the rights of holders of standard-essential patents (SEP) on Chinese territory. The EU is accusing Beijing of imposing fixed amounts of royalties on SEP holders worldwide without their agreement. “This gives Chinese manufacturers cheaper access to those European technologies unfairly”, the European Commission criticises.
It has therefore called for WTO consultations, the first step in a dispute settlement procedure. After a period of 60 days, if the EU has not reached an agreement with China, it may request that a panel is set up.
In 2022, the Commission challenged Beijing at the WTO over a dispute on the same subject: it believed that China was preventing SEP holders from asserting their rights before courts outside China (see EUROPE 13079/23). (Original version in French by Léa Marchal)