China – Enforcement of Intellectual Property Rights
Request to Join Consultations
Communication
from Japan
The following communication, dated 4 March 2022,
from the delegation of Japan to the delegation of China, and the delegation of the
European Union, is circulated to the Dispute Settlement Body in accordance with
Article 4.11 of the DSU.
_______________
I wish to refer to the
consultations requested by the European Union ("EU") pursuant to
Articles 1 and 4 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU"),
Article 64.1 of the Agreement on
Trade-Related Aspects of Intellectual Property Rights ("TRIPS
Agreement") and Article XXII:1 of the General
Agreement on Tariffs and Trade 1994 ("GATT 1994") in the
communication circulated to WTO Members on 22 February 2022, titled "CHINA
– ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS" (WT/DS611/1, IP/D/43,
G/L/1427). My authorities have instructed me to notify the consulting Members
and the Dispute Settlement Body of the desire of Japan to join in the
consultations, pursuant to Article 4.11 of the DSU.
The subject matter of the
consultations requested by the EU relates to China's policy and continued issuance
of so called "anti-suit injunctions" in the context of intellectual
property rights by Chinese courts which prohibit a party of other WTO Members,
including Japan, from seeking judicial relief outside the Chinese jurisdiction.
China's laws, regulations and
court decisions and other measures relating to the anti-suit injunctions in the
context of intellectual property rights, which are identified in the request
for consultations by the EU, have a commercial impact on Japanese entities.
Many Japanese entities that hold Standard Essential Patents ("SEPs")
conduct business globally, including in China, the EU, Japan, and elsewhere,
and thus may be affected by China's issuance of anti-suit injunctions which
prohibit entities from seeking judicial relief in other jurisdictions.
In the telecommunication
technology sector alone, Japanese entities hold around 10.9% of the 5G and
other related SEPs concerning telecommunication technology, on a patent family
basis, and thus Chinese policy and continued issuance of anti-suit injunctions
wield a significant impact on Japanese entities holding relevant SEPs.
For these reasons, Japan has a
substantial trade interest in the consultations the EU requested, and wishes to
join in the consultations.
Japan looks forward to receiving
confirmation of acceptance of this request.
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