The Ministry of Commerce of China File photo: VCG

Responding to a media inquiry following the World Trade Organization's (WTO) ruling on Monday Geneva time under the Multi-party Interim Appeal Arbitration Arrangement (MPIA) concerning the EU's case against China over anti-suit injunctions related to standard-essential patents (DS611), a official for China's Ministry of Commerce (MOFCOM) said on Tuesday that the ministry had noted the situation.

The arbitration panel upheld the panel report's findings, determining that China's anti-suit injunctions did not affect other WTO members' rights to protect patent rights, and that such measures do not fall under the WTO's jurisdiction over intellectual property enforcement, the official said, noting that China welcomes this conclusion.

At the same time, the arbitration panel, in the absence of a legal basis, erroneously held that WTO members should avoid affecting a patent holder's ability to exercise their rights in other jurisdictions - This improperly expands the obligations of WTO members, and China expresses its dissatisfaction, said the MOFCOM official, noting that going forward, China will carefully evaluate the ruling and handle the matter appropriately in accordance with WTO rules.

China recognizes the value of the MPIA as a legal mechanism for effectively resolving trade disputes and will continue to work with other MPIA participants to ensure its sound and effective implementation, jointly safeguarding the rules-based multilateral trading system.

Previously, on April 23, in response to the EU's appeal of the WTO panel report in its dispute with China over the so-called Enforcement of Intellectual Property Rights, a MOFCOM official told the media that China has always attached great importance to intellectual property protection, and the progress made in this area is widely recognized.

"At the same time, I would like to stress that the MPIA, as an institutional arrangement established by WTO members to safeguard the functioning of the dispute settlement mechanism, plays a positive role in maintaining the stability and predictability of the multilateral trading system. China will continue to work with other MPIA participants to promote its effective implementation and remain firmly committed to upholding a rules-based multilateral trading system," the official said.

Global Times