WT/DS611/3  
 
8 March 2022  
(22-2081) Page: 1/1 
  Original: English  
 
CHINA – ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
REQUEST TO JOIN CONSULTATIONS  
Communication from the United States  
The following communication, dated 4 March 2022 , from the delegation of the United States  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.  
 
_______________  
 
 
This concerns the request for consultations by the European Union ( "EU") in China – Enforcement of 
Intellectual Property Rights  (WT/DS611/1), as circulated on February 22, 2022.1 My authorities have 
instructed me to notify the consulting Members and the Dispute Settlement Body of the desire of 
the United States to be joined in the se consultations, pursuant to Article 4.11 of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes  (DSU).  
 
The United States has a substantial trade interest in these consultations. According to the request 
for consultations, "China has introduced and maintains a policy which in the context of judicial 
procedures concerning the enforcement of intellectual property rights in China prohibits patent 
holders from asserting their rights in other jurisdictions by commencing, continuing o r enforcing the 
results of legal proceedings before a non -Chinese court. "2 This prohibition is called an "anti-suit 
injunction[] enforced through daily penalties in case of infringement. "3 The request for consultations 
by the EU identifies cases in which courts in China issued anti -suit injunctions. In one of those cases,4 
the Chinese court issued an anti -suit injunction against a U.S. national.5 
 
The United States further notes claims relating to transparency provisions under the TRIPS 
Agreement. U.S. nationals are major holders of intellectual property rights and significant economic 
operators in China, and the United States has a substantial interest in China 's transparency in the 
area of intellectual property.  
 
For the above reasons, the United States considers it has a substantial trade interest in these 
consultations and requests to be joined in them, pursuant to DSU Article 4.11.  
 
The United States is providing a copy of this letter directly to the Chairperson of the Dispute 
Settlement Body, w ith a request that it be circulated to all Members.  
__________  
 
1 Communication from the European Union, "China – Enforcement of intellectual property rights : 
Request for Consultations by the European Union, " dated February 18, 2022 (WT/DS611/1, IP/D/43, 
G/L/1427) (circulated February 22, 2022) ( "EU Request for Consultations ") (requesting consultations pursuant 
to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Dispute s (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)).  
2 EU Request for Consultations, p. 1. 
3 EU Request for Co nsultations, p. 1.  
4 EU Request for Consultations, p. 2, fn. 8 (citing Wuhan Intermediate People's Court of Hubei Province, 
case (2020) E 01 Zhi Min Chu No.169 ). 
5 Interdigital, Inc., is a U.S. corporation with corporate headquarters in Wilmington, Delaware, United 
States of America.