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God bless former president Donald Trump. He nigh single-handedly transformed the national perspective on a whole host of very important issues.
Including, especially, Intellectual Property (IP), China – and China stealing IP.
Prior, to Trump, we spent decades ignoring China’s trillions of dollars’ worth of IP theft. Because Big Business was getting filthy rich selling US out. And Big Business was bribing Big Government to keep rolling the US Sell-Out.
Once Trump declared the Chinese emperor naked? Everyone was following suit. Do whatever formulation of “China IP theft” Web search you wish. You’ll find tons of US articles – only almost all of them were written post-Trump.
Trump’s efforts changed the conversation in more than just the US. China was absolutely paying attention – and making substantive policy adjustments. To diminish and deflect Trump’s righteous charges – and to attract as much IP-creation talent as possible.
“Read carefully what China is saying about IP – and it becomes clear what they are really doing.
“Which is setting themselves up to be the recipient of the massive investment coin that will leave the US – as our IP protection continues to deteriorate.
“What China is establishing – is the latest version of their China First protectionism.
“China has spent the last several decades doing this to other US economic sectors – most notably manufacturing. The IP pattern and plot-line…is disarmingly similar.”
“China stole US manufacturing. Now they are looking to steal US IP creation. And, as we did with manufacturing, we are very stupidly helping them do it.
“Just as with manufacturing before, China is offering you all sorts of crony protections, subsidies, and benefits — if you move your IP creation to China.”
And, of course, China can’t stop-won’t stop.
“On January 4, 2022, the China National Intellectual Property Administration (CNIPA) published the 2021-2022 Outline for Building a Powerful Intellectual Property Country and the Annual Promotion Plan for the Implementation of the 14th Five-Year Plan comprising 115 points in 7 categories.
“The categories include:
“Improving the intellectual property system (i.e., amending the Anti-Monopoly Law);
“Strengthening the protection of intellectual property rights (i.e., formulate interpretations re punitive damages in civil IP cases);
“Improving the operating mechanism of the intellectual property market (i.e., improve quality control for patent and trademark examination);
“Improving the level of public services for intellectual property (i.e., increase open sharing of intellectual property data);
“Creating a good humanistic and social environment for intellectual property rights (i.e., celebrate World Intellectual Property Day);
“Deepen participation in global intellectual property governance (i.e., actively participate in the World Intellectual Property Organization and World Trade Organization);
“And strengthen organizational guarantees (i.e., formulate various implementation plans for IP).
“Of particular interest are plans to revise the Anti-Monopoly Law of the People’s Republic of China, Detailed Rules for the Implementation of the Patent Law of the People’s Republic of China, Provisions on Regulating Patent Application Behavior, and Provisions on the Protection of Trade Secrets.
“On the copyright side, there are plans to amend the Regulations on the Implementation of the Copyright Law of the People’s Republic of China, Regulations on Copyright Collective Management, Trial Measures for Voluntary Registration of Works, Measures for the Registration of Computer Software Copyrights, Measures for the Implementation of Copyright Administrative Penalties, and advance the legislation of the Regulations on Copyright Protection of Folklore and Art Works.
“The Supreme People’s Court will formulate the Interpretation on Several Issues Concerning the Application of Law on Punitive Compensation for Civil Infringement of Intellectual Property Rights and the Provisions on Several Issues Concerning the Application of Law in the Trial of Drug Patent Linkage Disputes as well as the Interpretation on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China.”
This is China’s executive-legislative-judicial, all-encompassing bolster of its IP protection.
Meanwhile, what is DC doing? Rushing to reverse as much of the good Trump did for US IP as possible.
The America Invents Act (AIA)?
“The America Invents Act (AIA) was the single worst disaster in the 226 year history of the U.S. patent system. The AIA did very real damage – enough to put many inventors out of business and discourage many others.”
“‘First to File’ was just the beginning of the damage caused by the America Invents Act. When the concept of the Patent Trial and Appeal Board (PTAB) is fully understood even more quit. Their American Dream goes up in smoke because bad legislation tilted the patent system in favor of large multinational corporations….
“Inventors are the architects of our future. Our country was built with the belief and right that we can profit from the labor of our minds. The AIA has created a toxic swamp of quicksand laws for inventors and startups that is crippling the economy by stifling innovation for generations to come.
“The AIA must be repealed lest we lose our job creation engine forever.”
Except DC isn’t repealing it. DC is instead looking to restore it.
Which hurts US. And helps China.
And China’s 115-point plan.
First published at: Substack.
Photo by: Rain Rannu, Attribution 2.0 Generic (CC BY 2.0).