On October 4 2021, USTR Katherine Tai delivered her much-awaited speech at CSIS outlining US-China trade policy under the Biden Administration. The speech summarizes her “top to bottom” review of US-China trade policy. Sadly, it was one of the most IP-free speeches that we have heard from USTR on China trade policies. USTR Tai mentioned intellectual property only once when she briefly talked about the Phase 1 Agreement. An Administration orientation towards increasing market access for grains and goods, but not protection and commercialization of intangible rights, could have long-term adverse consequences.
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.
USTR and Restructuring China IP Policy
What are the priorities for USTR in engaging China on IP issues? Will USTR reach out to other agencies to build an informed and efficient process to bear on Chinese and IP and tech issues? There are many built-in impediments in the US government structures to making that reality possible.
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.
Trade Wars: A New Beginning?
Why is this year’s Special 301 Report (the “Report”) from USTR (April 29, 2019) different from prior reports? In prior years, this report often repeated materials found elsewhere, such as in the […]
The Trump Administration and China IP Diplomacy: Old Wine In a New Bottle?
Two major China IP events occurred in late November and December. One of them was the long-awaited first phase of a settlement of the US-China trade war. The second was the nomination […]
US Suspends IP Case Against China at the WTO. Quo Vadis Europa?
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 […]
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 […]
RIP VAN WINKLE RETURNS FOR THE TRADE WAR
A Modern Illustrated Political Fable By an Anonymous Folklorist Rip Van Winkle VIII, Esq, the great US government intellectual property and trade lawyer and descendant of the Hudson Valley Van Winkles, fell […]