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

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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.

CHINESE THREE DIMENSIONAL SEPS: RECENT CASES,  THE WTO, AND TRANSPARENCY

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Three major court decisions involving SEPS, patents and foreign companies have been recently decided in China. In addition, the EU has recently released two of its submissions to the WTO regarding its dispute with China on antisuit injunctions. Nokia has also announced a global settlement with Oppo. What does the future hold for SEP litigation in China and the WTO dispute?

Australia, US, and EU Submissions at the WTO on China and Anti-Suit Injunctions

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By assembling the briefs submitted by the EU, Australia and the United States in the WTO case DS611, a stark difference in approach emerges between the United States and the EU/Australia. It appears that the United States is allying itself more closely with China, perhaps with a goal of limiting WTO jurisdiction in certain areas. At the same time, however, the United States appears to be retreating on its long-held commitments to increasing transparency in China’s judicial and legal system.