Category: Licensing

Navigating Innovation: How the Presidential Candidates Address Technology, IP, and the China Challenge

This article examines the candidates’ positions and accomplishments in four key areas implicating technological competition: derisking, negotiating, and advancing new trade policies, reorganizing government structures to promote competitiveness, and developing policies to address new technology issues.  On the surface, the differences in approaches appear to focus primarily on matters of degree.  Both parties support such tools as continued tariffs against Chinese imports, use of export controls and other trade sanctions, and enhanced efforts to “de-link” or “de-risk” from dependency on Chinese imports.  Nonetheless, candidates Trump and Harris have sparred over the extent and impact of the tariffs, and the track records and rhetoric of the candidates suggest more differences than may initially be evident.

Patent Litigation, IP Monetization and Technology Decoupling: Lessons for the Future

Even during a time of trade conflict, there was considerable litigation and patent licensing activity with China, including a pronounced role in global markets for Chinese companies and in China for US companies. Patent disputes and licensing involved a diverse group of technologies. Chinese companies have become more active in SEP litigation overseas. The United States is an important venue for litigating overseas patent disputes with Chinese entities. Both the patent licensing and pharma data show the importance of tracking market value and trends to determine the real-world impact of IP-related policies.

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.