DS/542, the WTO case that the US filed against China regarding China’s legal regime for foreign technology transfers, has now been suspended by order of the Panel. The parallel case that was […]
Unpacking the Role of IP Legislation in the Trade War
Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export Regulations (“TIER”), the […]
The 600 Billion Dollar China IP Echo Chamber
“Most people use statistics the way a drunkard uses a lamp post, more for support than illumination.” Mark Twain What are the losses due to “IP Theft” from China? On a recent […]
THE TIER IS REVISED…
After nearly twenty years of advocacy, China has finally revoked certain offensive provisions of the Administration of Technology Import/Export Regulations (“TIER”), effective March 18, 2019. The decision was made by State Council […]
Catching up With The Literature on Forced Tech Transfer…
(from the OECD report, discussed below) While President Trump has extended the truce on the trade war, academic and business debate around the nature of “forced technology transfer” (FTT) practices in China […]
How to Measure the Steps to a Binding Truce…
“The real question is so we do a memorandum of understanding, …. How long will that take to put into a final binding contract” (President Trump) “From now on … we are […]
Towards a Better Understanding of “Forced Technology Transfer” Policies in China and Their Strategic Implications
In August 2017, President Trump issued an executive order setting in motion an investigation of China’s trade policies including IP, technology transfer, and investment policies. The “Section 301” report on this investigation […]
US-China Security Commission – Readout of Hearing on June 8, 2018
On June 8, 2018, I testified before the US-China Economic and Security Review Commission on “U.S. Tools to Address Chinese Market Distortions.” This was my second time testifying in the past three […]
What the EU and US WTO IP Disputes Reveal About Trade Diplomacy
Two contrasting approaches to using the WTO for China-related IP issues involving technology licensing and forced technology transfer are now pending at the WTO. The United States initiated a WTO dispute on […]
Updates for March 27 – April 2, 2018 – China steps up control over technology exports
China steps up scrutiny of IP transfers to foreign firms on national security grounds: Under new regulations issued by the State Council on Thursday, technology transfers include IP transfers that are part […]