The European Commission has filed a formal complaint with the World Trade Organization (WTO) against China, accusing the country of “unfair and illegal” practices regarding the setting of global royalty rates for European Union (EU) standard essential patents (SEPs). This dispute centers on the pressure placed on European tech companies, particularly those in the telecom sector, to lower their patent rates globally without their consent.
Key Points of the Complaint:
- China’s Role: The European Commission claims that China’s courts have been empowered to set royalty rates for SEPs, a move that allegedly forces European companies to lower their rates, thus providing Chinese manufacturers with unfair access to European technology at lower costs.
- SEPs and Impact on Tech: SEPs are patents that protect technologies essential for manufacturing products that meet specific standards, such as 5G technologies in mobile phones. Major European companies like Nokia and Ericsson are holders of these patents.
- Chinese Response: China’s commerce ministry expressed regret over the EU’s decision to take the matter to the WTO, affirming that it would address the issue in accordance with WTO rules while safeguarding its rights and interests.
- Previous Related Dispute: The case is connected to another ongoing WTO dispute filed by the EU in 2022, regarding Chinese anti-suit injunctions that hinder the ability of telecom patent holders to enforce their intellectual property rights in courts outside of China.
Steps Forward:
- Consultations: The European Commission has requested consultations with China as the first step in WTO dispute resolution. If an agreement is not reached within 60 days, the EU may request the establishment of an adjudicating panel, which typically takes around 12 months to resolve.
