Following the ruling by the WTO Appellate Arbitrator in favour of the EU in its dispute with China concerning the enforcement of intellectual property rights, China announced that it would withdraw its long-debated anti-suit injunction policy. This practice, which was found to be in violation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) by the WTO on 21 July 2025, had prevented patent holders from pursuing legal remedies outside China. Its removal represents a critical gain for European companies holding standard essential patents (SEPs), particularly in high-technology sectors such as mobile communications.

The policy, which was repealed following a notice issued by the Supreme People’s Court of China on 23 September 2025, had previously imposed heavy fines on patent holders seeking to enforce their rights abroad, thereby significantly undermining the global innovation ecosystem.

Evaluating the importance of intellectual property protection and the implications of this landmark decision for the EU’s global competitiveness, IKV Chairperson Dr. Ayhan Zeytinoğlu made the following statement:

“For a long time, China’s globally applied anti-suit injunction policy unfairly prevented patent holders—especially those defining critical industry standards in sectors such as mobile communications and next-generation technologies—from seeking legal remedies. Enforced through the threat of severe sanctions and financial penalties, these measures not only harmed the commercial interests of European companies but also seriously disrupted research and innovation activities. The ruling delivered by the WTO Appellate Arbitrator on 21 July 2025 constitutes a significant victory for the rules-based international trading system and fair competition.

The Practice Was Unwritten, the Process Must Be Closely Monitored

Despite this tangible achievement, we share the European Commission’s justified caution. The fact that the policy from which China has stepped back was not based on a formal legal text but rather an ‘unwritten’ practice necessitates very close monitoring to ensure full compliance with WTO rulings. Indeed, the Commission’s announcement that it will closely follow developments and take additional measures, if necessary, as well as the existence of another WTO case initiated by the EU against China concerning standard essential patents, clearly demonstrates Europe’s determination to safeguard its technological sovereignty.

As Türkiye, being one of the EU’s most important trading partners, we should closely analyse these steps taken by the EU to shape global technology standards and protect intellectual property rights. We must integrate our industrial and legal frameworks into these high standards and recognise that it is not possible to gain a competitive edge globally without securing an ecosystem that develops technology and produces patents.”