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.
New Trade Secret Protection Rules in China
China’s recently released 2026 trade secret rules are best understood not as a major legal reform but as an administrative modernization of an enforcement system badly in need of an update. Although international pressure played a role, the rules largely respond to China’s own technological development and growing need to protect confidential information. They show that IP change in China is driven at least as much by domestic economic evolution as by foreign demands.
The TPP’s IP Challenge for China
The release of the TPP text on November 5, 2015 has caused many friends in Chinese IP colleagues to wonder what implications, if any, there are for China’s development of its IP […]
China’s Upward Path In Innovating: What Global Patent Data Shows
Thomson Reuters/Derwent has just published its 2014 State of Innovation Report. This report analyzes 12 key technology areas and offers some interesting observations about China’s growing global role in patenting and innovation. […]
37 books on innovation in China and beyond
Below is a list of books related to Innovation in China and beyond. The list was compiled by Denis Simon. Please feel free to note any other innovation books we may have […]
Innovation: China’s Top 50 Brands
Innovation continues to be an important topic and a key element in the Chinese market. WSJ China blog reported the results of agency Millward Brown and media company WPP’s annual research on […]
Debating Chinese Innovation At Davos
The Chinese “Summer Davos” just ended yesterday (Sept. 12) in Tianjin with Premier Wen Jiabao, several heads of state and senior leaders, Thomas Friedman, and many CEO’s and leading business officials attending […]
KPMG Survey Predicts China’s Rise As an IT Innovator
The recently released KPMG 2012 Global Technology Innovation Survey of 668 geographically distributed technology business executives suggests that technology innovation may shift from Silicon Valley to another destination, with the most likely […]
The Other Chinese Patent Development: China’s Autumnal Patent “Hook”
It is 2012, and China’s State Intellectual Property Office (“SIPO”) has once again released its end of the year data on patent filings for the year. While patent data and scientific citation […]
Brief recap of “Patents, Trade, and Innovation in China”
Attached is the speech by USPTO Director David Kappos from the joint Fordham/George Washington University conference on IP, innovation and trade issues in China on December 13. USPTO Director Kappos was introduced […]
