Why does China increasingly treat intellectual property as a strategic instrument of national development, international influence, and global governance while the United States often continues to view it primarily through the lens of enforcement and compliance? Building on my recent article with former USPTO Director David Kappos in The National Interest, this essay argues that intellectual property should be viewed as a central issue of foreign policy rather than as a specialized area of law. Recent Chinese writings emphasize the development of an indigenous intellectual property knowledge system and greater international “discourse power,” while U.S. policy remains focused on criminal enforcement campaigns and “IP theft.” If the United States wishes to preserve a market-oriented international intellectual property system, it must modernize its own laws, renew engagement with China’s civil IP institutions, emphasize transparency and private rights, and recognize that competition increasingly extends to the institutions, concepts, and norms that will govern the future of innovation.
What the 301 Report Says About Future Relations on IP with China
USTR released its Special 301 Report (the “Report”) on April 30, 2021. The China except is attached here. The Report addresses a wider range of IP issues than in many prior years. […]
The NTE Report On Chinese IP And Its Relationships To Chinese Legal Developments
USTR’s recently released NTE report shows continuing lack of clarity over key Chinese legal terms. The report also declines to discuss commercial rule of law issues raised in last years Special 301 report. What role does commercial rule of law have in the Biden Administration’s trade diplomacy? The answer is unclear.
The WTO IP Cases That Weren’t
Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.
Ox Herding, Industrial Policy and China IP
Many Westerners have little sense of how deeply industrial policy is built into China’s intellectual property system. In the past, this blog has reported on some of the industry-focused plans, such as […]
