One of the world’s most consequential conflicts is completely unknown to the vast majority of Americans. Nineteen countries -- including the United Kingdom, Canada, Australia, and Japan -- are currently battling in the World Trade Organization over an issue that could dictate the future of global trade, innovation and the rule of law. Most are opposed to China’s position. The Biden administration is not. It’s a major unforced error, and risks aiding Beijing in its efforts to cripple innovators in rival nations around the globe. At issue are “anti-suit injunctions,” court-issued legal measures that prevent a party engaged in a lawsuit in one jurisdiction from simultaneously pursuing the case elsewhere.
In recent years, Chinese courts repeatedly issued anti-suit injunctions, without notice or transparency, in patent lawsuits to protect Chinese companies from foreign court cases.
These legally binding orders from Chinese courts cripple the ability of foreign innovators to be compensated, and ultimately support China’s goals of global technological dominance.
