Some MPIA Updates

This post is a brief one to provide a few updates on disputes in which an appeal has been or might be heard by the MPIA arbitrators.

First, I didn't mention it here at the time it happened, but the MPIA issued an award in the China - IPRs Enforcement appeal. The award is here and the WorldTradeLaw.net Dispute Settlement Commentary is here. Some of the issues were a bit technical and complex, but I hope to see some discussion at some point on whether people found the reasoning of the panel or the MPIA arbitrators more convincing on the question of whether the TRIPS Agreement contains obligations for Members related to the protection and enforcement of IP rights implemented by other Members in their own territories.

Second, the first WTO dispute to have an MPIA arbitration award was Colombia - Frozen Fries. That dispute is now in the Article 21.5 compliance stage, and the latest update from the panel says "[t]he Panel expects to issue its final report to the parties during the third quarter of 2025."

Third, in recent weeks, there have been several notifications from parties to disputes in their early stage – established but not yet composed – that the MPIA would be used in the event of an appeal in the case: The Canada - Certain Products (China) (DS627) dispute; the China - Agricultural and Fishery Products (Canada) (DS636) dispute; and the EU - Definitive CVDs on BEVs (China) dispute (DS630).

Finally, outside of active disputes, at the July 25 DSB meeting, Viet Nam apparently said – although I don't see much public information about this – it was actively undertaking domestic procedures to join the MPIA (Hong Kong's DSB statement making reference to this is here).