DISPUTE SETTLEMENT

DS: China — Enforcement of intellectual property rights

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by the European Union

On 18 February 2022, the European Union requested consultations with China with regard to measures that allegedly adversely affect the protection and enforcement of intellectual property rights.
The European Union claimed that the measures at issue appear to be inconsistent with:

  • Articles 1.1, 41.1, and 44 of the TRIPS Agreement; and
     
  • Section 2(A)(2) of China's Accession Protocol.

The European Union also claimed that:

  • by failing to publish certain judicial decisions regarding the measures at issue, China appears to have acted in a manner inconsistent with its obligations in Article 63.1 of the TRIPS Agreement; and
     
  • by failing to supply to the European Union information about three judicial decisions related to the measures at issue that the European Union had requested, China appears to have acted in a manner inconsistent with its obligations under Article 63.3 of the TRIPS Agreement.

On 4 March 2022, Canada, Japan and the United States requested to join the consultations.

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