The head of the Treaty and Law Division of the Ministry of Commerce answers questions from reporters regarding the WTO's release of the appellate arbitration ruling on the China-EU dispute.
The head of the Legal Department of the Ministry of Commerce answered questions from reporters on the WTO's publication of the appeal arbitration ruling on the China-EU WTO dispute case. A media asked: "We note that on the evening of July 21, Geneva time, the WTO published the ruling under the 'multi-party interim appeal arbitration arrangement' on the EU's lawsuit against China's standard-essential patent injunction. What is China's response to this?" The answer: "I have noticed the situation you mentioned. The arbitration panel upheld the expert group's decision, finding that China's injunction did not affect other WTO members' protection of patent rights, nor did it fall under the WTO rules governing intellectual property enforcement measures. China welcomes this. However, the arbitration panel incorrectly believed that WTO members should avoid affecting the rights of patent holders to implement their rights in other member countries in the absence of a legal basis. This move inappropriately expands the obligations of WTO members, and China expresses dissatisfaction with this. Next, China will carefully evaluate the relevant rulings and handle them properly in accordance with WTO rules. China acknowledges the value of MPIA in effectively resolving trade disputes through legal means and will continue to work with other MPIA participants to promote the good and effective implementation of MPIA and jointly uphold the rules-based multilateral trading system."
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