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.
The WTO’s Arbitral Decision on Chinese SEP Practices in DS/611: Getting Closer to the Right Kind of Decision
On July 21, 2025, the arbitrators in DS/611 (the EU complaint regarding Chinese SEP practices) made their decision on the appeal from the initial panel decision. From my perspective, this decision was […]
Collecting Evidence from China in US-Based IP Litigation
One of my students, Minying Yu, just had her note “Benefit of the Doubt: Obstacles to Discovery in Claims Against Chinese Counterfeiters.” published in this month’s Fordham Law Review. The note addresses […]
Simulating the China IPR Enforcement case
For the past few years, I have been conducting moot court simulations of DS/362, the WTO US-China IPR “enforcement case” with students and colleagues at Fordham University and elsewhere. The heart of […]
