ARTICLE
22 February 2022

EU Complained China At The WTO On Anti-suit Injunctions Of SEP

TM
Toby Mak

Contributor

Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
This complaint is in reaction to the China's Supreme People's Court decision in Aug 2020 in Huawei v. Conversant.
China International Law

EU complained China at the WTO on anti-suit injunctions of SEP EU announcement is as below:

https://lnkd.in/gyRZJTYQ">https://lnkd.in/gyRZJTYQ...

This was also reported in China as below:

https://lnkd.in/g2rtFgNj  

This complaint is in reaction to the China's Supreme People's Court decision in Aug 2020 in Huawei v. Conversant. There have been several other anti-suit injunctions granted in China after the above Aug 2020 decision, for example Xiaomi v. Interactive, and OPPO v. Sharp.

On the other hand, there are a number of anti-suit injunctions granted by foreign courts against Chinese companies, for example the below:

  • Huawei v. Samsung (US, 2016)
  • Huawei v. Unwired Planet (UK, 2014)

Let's wait and see how this would pan out, for example whether China is going to file a counter complaint at the WTO, or is "encouraged" to grant even more such anti-suit injunctions against foreign companies.

My view is that the world eventually has to come up with a global solution to handle SEP litigation.

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