European Union: European Commission requested the establishment of a World Trade Organization panel in European Union–China dispute over worldwide licensing terms for standard essential patents (DS632)

Description

European Commission requested the establishment of a World Trade Organization panel in European Union–China dispute over worldwide licensing terms for standard essential patents (DS632)

On 12 February 2026, the European Commission stated that the European Union (EU) is requesting the establishment of a World Trade Organization (WTO) panel in dispute DS632 concerning Chinese measures that empower Chinese courts to set worldwide licensing conditions, including royalty rates, for portfolios of standard essential patents (SEPs) that may include EU patents without the consent of patent holders. The EU considers the measures inconsistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The EU requested WTO consultations with China on 20 January 2025. Consultations held on 1 and 2 April 2025 in Geneva did not resolve the dispute. The EU will request the panel at the next World Trade Organization (WTO) Dispute Settlement Body (DSB) meeting on 24 February 2026. China can oppose the panel establishment once. The EU intends to renew its request so that the panel is established at the next DSB meeting. The EU is also involved in DS611 on China’s anti-suit injunctions policy.

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Scope

Policy Area
Intellectual property
Policy Instrument
Patent protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
multilateral agreement
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2026-02-12
under deliberation

On 12 February 2026, the European Commission stated that the European Union (EU) is requesting the …