On Wednesday, 1 April, China announced that it had withdrawn its anti-suit injunction policy after it was determined that the policy did not comply with WTO rules.
This ruling was handed down by a WTO appeal tribunal last July in the dispute between the EU and China concerning the enforcement of intellectual property rights (DS611) (see EUROPE 13685/10).
For the European Commission, this decision constitutes an important victory for the EU’s ‘standard essential patent’ holders, “whose research outcomes and innovations were undermined by China’s anti-suit injunction policy.”
These patents are necessary for a product or a technology to comply with specific industry standards, such as those used in mobile communications.
After some technical problems, the Chinese notice—initially issued by the Supreme People’s Court of China on 23 September 2025—is now accessible online.
Despite this announcement, the European Commission has indicated that it intends to continue to monitor the situation closely in order to ensure that China fully complies with the arbitration award and to “take further action, if necessary.” (Original version in French by Pauline Denys)