China and the UPC: Parallel Litigation and Enforcement in Practice
Litigants are increasingly running UPC actions in parallel with Chinese infringement, rate-setting and anti-suit proceedings. The WTO ruling against China's anti-suit injunction regime in July 2025 and the SPC's withdrawal of its ASI policy that September have changed the dynamics, but enforcement against Chinese-headquartered defendants and Chinese assets remains a particular challenge. This session covers how the two systems compare and how to coordinate across them.
- Compare the UPC and Chinese courts on speed, remedies, evidence and rate-setting, and identify when each is the better forum.
- Address service of process, asset tracking and enforcement challenges when targeting Chinese-headquartered defendants.
- Examine how German national courts have built the infrastructure to enforce against Chinese assets and supply chains, and what the UPC can learn from that approach.
- Assess the practical impact of the WTO ruling and China's stated withdrawal fGOrom anti-suit injunctions on parallel UPC and Chinese strategy.