Tlc, la Ue ricorre al Wto per la tutela dei brevetti: la Cina nel mirino


The European Union is preparing to confront China over alleged unfair trade practices, particularly concerning intellectual property rights. The European Commission has initiated consultations with the World Trade Organization (WTO) aimed at addressing what it sees as illegal commercial behaviors by China, specifically regarding the imposition of binding royalty rates by Chinese courts for essential European patents without the agreement of the patent holders. This situation poses significant challenges for innovative European technology companies, as it compels them to reduce their global fees, thereby enabling Chinese manufacturers to access European technologies at unfairly lower costs. Furthermore, these actions undermine the jurisdiction of European courts in patent matters. The European Commission asserts that such practices violate the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). In light of the absence of satisfactory negotiated resolutions from China, the EU feels compelled to pursue consultations as a preliminary step in the WTO dispute resolution process. The objective is to ensure that high-tech industries within Europe, particularly in telecommunications, can effectively uphold their patent rights and safeguard their investments in innovation. Maroš Šefcovic, the EU’s Commissioner for Trade and Economic Security, emphasized the necessity for fair competitive conditions in the high-tech sector, warning that decisive actions will be taken to protect European rights if inequitable practices continue. The consultations serve as an initial phase within the broader WTO dispute resolution framework. Should these efforts fail to yield a satisfactory outcome within 60 days, Brussels is poised to escalate the matter to litigation, requesting the establishment of a WTO panel to adjudicate the issue. The case centers on patents crucial for manufacturing goods that adhere to established standards, such as 5G technology, with European firms holding a significant number of these high-tech patents.



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