China - Enforcement of intellectual property rights - Request for the establishment of a panel by the European Union


Request for the Establishment of a Panel by the European union

The following communication, dated 7 December 2022, from the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.





On 18 February 2022 the European Union requested consultations with the Government of the People's Republic of China ("China") pursuant to Article 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") with regard to certain measures adversely affecting the protection and enforcement of intellectual property rights and with regard to China's failure to carry out its obligations under Articles 63.1 and 63.3 of the TRIPS Agreement.

The European Union held consultations with China on 6, 7 and 12 April 2022 with a view to reaching a mutually satisfactory settlement of the matter. Unfortunately, the consultations failed to settle the dispute.

Therefore, the European Union respectfully requests, pursuant to Article 4 and 6 of the DSU, Article 64.1 of TRIPS Agreement, and Article XXII:1 of the GATT, that the Dispute Settlement Body establish a panel to examine this matter, based on the standard terms of reference as set out in Article 7.1 of the DSU.