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EU launches new WTO case against China high-tech patent rules
EU launches new WTO case against China high-tech patent rules
by AFP Staff Writers
Brussels, Belgium (AFP) Jan 20, 2025

The European Union launched a new challenge at the World Trade Organization (WTO) on Monday against China's rules on royalty rates for high-tech patents, amid escalating trade tensions between Beijing and Brussels.

The European Commission accused China of pressuring innovative European high-tech companies into lowering their fees by allowing its courts to set binding worldwide royalty rates.

"The EU's vibrant high-tech industries must be allowed to compete fairly and on a level playing field," said Maros Sefcovic, the EU's trade commissioner.

"Where this is not the case, the Commission takes decisive action to protect their rights".

The action comes as trade tensions are soaring worldwide, with tariff-loving Donald Trump set to be inaugurated as US President.

It adds to a longer-running spat between Beijing and Brussels, which has seen the pair accuse each other of unfair practices and take a series of tit-for-tat measures.

The EU slapped hefty tariffs on electric cars made in China last year. In turn, Beijing targeted European brandies and launched probes into EU subsidies of some dairy and pork products.

The latest challenge revolves around "standard essential patents" protecting technologies enabling the manufacturing of goods to meet a certain standard.

European companies hold many such patents, notably in the telecom sector, according to the EU.

By letting its courts set worldwide royalty rates, China was forcing EU companies to give its firms cheaper access to those technologies, the 27-nation bloc alleged.

The practice also unduly interfered with the competence of EU courts for European patent issues, according to the commission.

Brussels said it requested consultations at the WTO -- the first step of the international body's dispute settlement procedure -- because "no satisfactory negotiated solution has been forthcoming from China".

Under WTO rules, the two parties have 60 days to settle the matter before the claimant can request that a panel be set up to rule on it.

Beijing said on Monday it "regrets" the EU's decision to launch this new challenge at the WTO.

"China strictly adheres to WTO rules and its accession commitments, continuously improving intellectual property rights protection legislation and enforcement," Beijing's Commerce Ministry said in a statement.

"China will...firmly safeguard its legitimate rights and interests," it said.

The case is related to another challenge launched in 2022 where Brussels accused Beijing of barring EU owners of high-tech patents from turning to European courts to protect their intellectual property.

China is the EU's second-largest trading partner for goods after the United States. Bilateral trade reached EUR739 billion ($762 billion) in 2023, according to the commission.

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