Intellectual Property Archives - WITA /atp-research-topics/intellectual-property/ Thu, 11 Aug 2022 16:04:56 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 /wp-content/uploads/2018/08/android-chrome-256x256-80x80.png Intellectual Property Archives - WITA /atp-research-topics/intellectual-property/ 32 32 World Intellectual Property Report 2022 – The Direction of Innovation /atp-research/world-intellectual-property-report/ Thu, 07 Apr 2022 14:42:32 +0000 /?post_type=atp-research&p=34312 For more than a century innovation activity has grown substantially around the world. Driven by a series of technological breakthroughs from the internal combustion engine, to information and communication technologies,...

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For more than a century innovation activity has grown substantially around the world. Driven by a series of technological breakthroughs from the internal combustion engine, to information and communication technologies, innovation has become one of the most powerful tools at our disposal for advancing overall welfare and wellbeing.

wipo-pub-944-2022-en-world-intellectual-property-report-2022

To read the full report from World Intellectual Property Organization, please click here.

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Data is Disruptive: How Data Sovereignty is Challenging Data Governance /atp-research/data-sovereignty-challenging-governance/ Tue, 03 Aug 2021 15:06:56 +0000 /?post_type=atp-research&p=29843 As data has become essential to economic growth, data governance has become critical to modern governance. Yet policymakers are just beginning to learn how to govern various types of data....

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As data has become essential to economic growth, data governance has become critical to modern governance. Yet policymakers are just beginning to learn how to govern various types of data. Under the guise of digital sovereignty, however, some governments are seeking to regulate commercial use of personal data without enacting clear rules governing public sector use of data.

By controlling large volumes of data, officials believe they can gain economic advantage in the digital economy and be better positioned to counter the market power of the giant platforms. But advocates of data sovereignty may be misguided. Researchers cannot yet ascertain if economics of scale and scope in data will yield competitive advantage. However, the hoarding of data by nations or firms may reduce data generativity and the public benefits of data analysis.

In this essay, Professor Susan Ariel Aaronson of George Washington University provides an overview of data governance and trade, and the defensive reactions of governments around the world as data becomes more central in today’s economy – and how trade agreements may facilitate rather than limit restrictions.

Data is disruptive - Hinrich Foundation white paper - Susan Aaronson - August 2021

To read the full report from the Hinrich Foundation, please click here

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Curbing State-Driven Trade Policies /atp-research/curbing-state-driven-trade-policies/ Mon, 13 Jul 2020 19:39:35 +0000 /?post_type=atp-research&p=21775 Much attention has been focused on China’s unfair intellectual property practices and the imbalance in the U.S.-China trade relationship, but equally troubling are large-scale Chinese industrial subsidies, the behavior of...

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Much attention has been focused on China’s unfair intellectual property practices and the imbalance in the U.S.-China trade relationship, but equally troubling are large-scale Chinese industrial subsidies, the behavior of state-owned enterprises (SOEs), and in general, the oversized and opaque role of the Chinese state in the economy.

While the U.S-China phase one trade deal tackled some important sources of bilateral tension and aimed to boost Chinese purchases of U.S. goods and services, it was silent on industrial subsidies and related matters, leaving them for the next phase of negotiations, the fate of which is now in question. U.S. concerns on these matters are shared by other trading partners including the European Union (EU) and Japan. Yet despite widespread disapproval of such practices, building new global rules to combat subsidies has proven challenging. This is due to several factors, ranging from gridlock at the WTO, differences of views among like-minded countries on the required level of ambition, and uncertainty as to how best to approach the enormous complexities in China’s subsidies and related policies.

The Organization for Economic Cooperation and Development (OECD) has sought to unpack this complexity, conducting recent studies of Chinese subsidies in two key sectors: aluminum and semiconductors. Both studies illustrate how Chinese subsidies are not simple cash handouts from the state to protected firms so that they can sell at favorable and distorting prices. The OECD finds subsidies can take various forms, including downstream or upstream help that trickles up or down to the firm that’s intended to benefit. They can take the form of favorable equity or debt purchases or bonds provided at below-market rates. And with interconnected global value chains, subsidies can effectively be granted covertly, intended to benefit one firm that might be several links away along the chain.

In China, the problem is compounded by an opaque “party-state” structure that obscures not only the recipients of subsidies, but also the source. According to Mark Wu, a Harvard Law School professor who previously served as the Director for Intellectual Property in the Office of the U.S. Trade Representative, subsidies not only flow directly from government bodies in Beijing, but also indirectly through informal responses to directives — sometimes even left unsaid, but understood — from the Chinese Communist Party.

Against this backdrop, the Asia Society Policy Institute (ASPI) convened two roundtables in the fall of 2019 and the spring of 2020 to discuss how best to build a new rules-based infrastructure that might combat such subsidies and prevent trade-distorting results such as unfair competition, market access barriers, and, above all, overcapacity in global markets. Experts from the private sector, think tanks, governments, and academia weighed in with possible solutions, which included:

  1. Negotiating new rules in the WTO;
  2. Using the WTO dispute settlement system, despite its often-discussed flaws;
  3. Forming ad hoc rules-based approaches, where possible, like the U.S-EU-Japan trilateral initiative;
  4. Plurilateral negotiations conducted on a sector-by-sector basis;
  5. Forming coalitions of like-minded trading partners to establish an alternative model, much in the way that the Trans-Pacific Partnership (TPP) was framed.

During the roundtables, most experts agreed that there is no silver bullet that solves the subsidy and related issues on its own. And most agree that, left unaddressed, the problem is likely to deepen. The COVID-19 pandemic might even exacerbate it by leading to more state involvement in economies around the world and making it hard to discipline Beijing’s practices. Recognizing all of these real challenges that the international trade community faces, the roundtables reached the following key conclusions:

  1. Transparency on the scope, level, and nature of industrial subsidies is vital;
  2. Efforts to publicize the ongoing work in these areas, particularly that being done by the OECD, should accelerate;
  3. Turning research into tangible new policies is a key step; and
  4. Persuading China to agree to updated rules will be necessary, given that China is a singular contributor to overcapacity.
Issue Brief_Curbing State-Driven Trade Policies

Wendy Cutler joined the Asia Society Policy Institute (ASPI) as Vice President in November 2015. She also serves as Managing Director of the Washington, D.C. Office.

To read the original brief, click here.

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Handbook of Deep Trade Agreements /atp-research/handbook-of-deep-trade-agreements/ Wed, 08 Jul 2020 14:46:20 +0000 /?post_type=atp-research&p=22217 Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as the international flows of investment and labor, and the protection of intellectual property rights and the...

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Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as the international flows of investment and labor, and the protection of intellectual property rights and the environment. Their goal is integration beyond trade, or deep integration. DTA rules influence how countries transact, invest, work, and, ultimately, develop. The rules and commitments in DTAs should be informed by evidence and shaped by development priorities rather than international power or domestic politics. An impediment to this goal is that data and analysis on trade agreements have not captured the new dimensions of integration. Little effort has been made to identify the content and consequences of DTAs. This Handbook takes a step towards filling this gap in our understanding of international economic law and policy. It presents detailed data and analysis on the content of the policy areas most frequently covered in DTAs, focusing on the stated objectives, substantive commitments, and other aspects such as transparency, procedures, and enforcement. Each chapter, authored by lead experts in their respective fields, explains in detail the methodology used to collect the information and provides a first look at the evidence by policy area.

To view the entire book, click here.

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U.S.-Japan Technology Policy Coordination: Balancing Technonationalism With a Globalized World /atp-research/u-s-japan-technology-policy/ Mon, 29 Jun 2020 13:40:19 +0000 /?post_type=atp-research&p=21390 The U.S.-Japan alliance sits at a crucial historical juncture as globalization recedes and China’s international stature grows. The world is shifting from a technoglobalist-oriented economic and innovation framework premised on...

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The U.S.-Japan alliance sits at a crucial historical juncture as globalization recedes and China’s international stature grows. The world is shifting from a technoglobalist-oriented economic and innovation framework premised on reducing barriers to trade, investment, and supply chain development amid harmonized multilateral standards. The technonationalist framework taking its place is prompting countries to intervene more frequently in trade and technological affairs to give their own high-tech industry leaders an advantage over those of other countries.

Now the United States and China are the main protagonists in this technologically driven competition, but Japan remains an indispensable player. The resulting zero-sum landscape has produced protectionist policies that have not been pursued widely since the 1980s and 1990s, when U.S.-Japan economic competition was at its height. The high stakes behind this current shift promise to make this era of technonationalism longer lasting and more intense than earlier periods.

Japan and the United States have watched warily as China’s economic heft has grown and as the technological sophistication of its manufacturing base has increased. Beijing’s penchant for pursuing a state-driven economic and innovation model has not allayed their concerns. This reemergence of great-power competition is coinciding with the so-called Fourth Industrial Revolution, in which an early lead in technological mastery of certain strategic fields like AI and quantum computing could put a country (and its allies) in an unassailable leadership position. Fear of “losing” this competition is fueling an unprecedented scale of investment and a zero-sum mentality that could tempt countries to overreact in ways that would damage their national interests and broader global interests.

Schoff_US-Japan

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Racing against COVID-19: a vaccines strategy for Europe /atp-research/racing-against-covid-19-vaccines-europe/ Tue, 21 Apr 2020 16:54:16 +0000 /?post_type=atp-research&p=20204 The fast development of vaccines is an essential part of the long-term solution to COVID-19, but vaccine development has high costs and carries the risk of high failure rates. There...

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The fast development of vaccines is an essential part of the long-term solution to COVID-19, but vaccine development has high costs and carries the risk of high failure rates.

There are currently too few promising projects in the clinical trial pipeline to guarantee at least one vaccine soon. More projects need to pass through the development pipeline in parallel. Vaccines should ultimately be widely available to all who need them at low cost.

Private life-sciences companies under-invest in vaccine development, especially when compulsory licensing and/or price regulations are imposed. Public funding is needed to reduce the risks of investing in vaccine development, and also to balance compulsory licensing and/or price regulations with incentives for private firms.

The public funding being put into identifying COVID-19 vaccines is too limited to carry enough projects through so that at least one vaccine, and preferably more, become available at large scale and low cost. Public budgets for these efforts need to be multiplied up several times over. We propose a staged support scheme to tackle the COVID-19 vaccine challenge and a moon shot programme to meet the challenge of future pandemics. We calculate the public budget needed to ensure supply of COVID-19 vaccines. Although substantial, the budget represents a bargain compared to the avoided health, social and economic costs.

PC-07-2020-210420V3

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Section 301 Investigation: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation /atp-research/section-301-investigation-chinas-acts-policies-and-practices-related-to-technology-transfer-intellectual-property-and-innovation/ Fri, 10 Apr 2020 20:00:55 +0000 /?post_type=atp-research&p=20109 China is now the world’s second largest economy. The reforms begun by Deng Xiaoping in the 1980s have transformed the Chinese economy. Much of this is driven by rapidly growing...

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China is now the world’s second largest economy. The reforms begun by Deng Xiaoping in the 1980s have transformed the Chinese economy. Much of this is driven by rapidly growing demand from the Chinese domestic market, but it also reflects strategic decisions by China’s leaders.

They hope to see China take a dominant position in advanced technologies for both economic and security reasons and to advance the position of Chinese firms in the global market. The principle techniques they have used in pursuit of this objective include:

  • Heavy, sustained government investment in human capital, infrastructure, and research;
  • Generous subsidies along with non-tariff barriers to build national champions
  • Weak regulatory barriers to business activity;
  • The acquisition of foreign technology, either licitly or illicitly.

China’s leaders want to move away from a dependence on foreign technology, so that China moves up the production value chain and is no longer just the assembler of other nations’ intellectual property. They want China to become a leader in innovation. Since the 1980s, China has sought to build a strong technology base and has made repeated efforts to achieve this.

The primary motivation is to enhance China’s security and national power. Previous efforts to achieve this have not been as successful as Beijing may have hoped, but with each effort China has improved.

China’s quest for technological leadership is not new. What is new is that unfair trade, security and industrial policies, tolerable in a smaller developing economy, are now combined with China’s immense, government-directed investment and regulatory policies to put foreign firms at a disadvantage.

With the development of human capital (after decades of spending on STEM education) for both in entrepreneurship and innovation, China is a much more formidable competitor and policies that put foreign firms at a disadvantage can no longer be justified on ground of poverty, development, repayment for 100 years of humiliation or other excuses.

China now has the wealth, commercial sophistication and technical expertise to make its pursuit of technological leadership work. The fundamental issue for the U.S. and other Western nations, and the IT sector is how to respond to a managed economy with a well-financed strategy to create a domestic industry intended to displace foreign suppliers.

China is a strategic competitor and its managed economy and centrally directed industrial policies undercut market economies. In addition to ending its dependence on foreign technology, China’s goal is to overtake the U.S. economically and technologically. This is not a military conflict, but it has deep implications for American security and for the future of an international system based on the rule of law and democratic norms.

If China followed international business practices, its decisions to invest in domestic industries would be unobjectionable. There would be powerful effects on the global economy, but competition is good for the market and China’s economic growth is in many ways a welcome development. But China has not hesitated to use unfair practices and policies to advance its own firms, extract concessions, or block competition by foreign companies in China.

China’s Five Year Plans lay out the strategic economic and technological goals that China will pursue and fund. These have had mixed success, but a steady, well-funded pursuit of its economic and technological goals is a hallmark of Chinese policy. China has a strategy to build a high-tech economy and is willing to spend heavily and consistently to achieve this.

China will commit to support research and investment programs for decades. A centrally directed economy can be remarkably inefficient in making investment decisions, but China has compensated for this with heavy and sustained government spending to build industrial and innovation capacity.

Although it is a member of the World Trade Organization (WTO), China routinely ignores WTO rules. Its public justification for this is that China is still developing and should not be held strictly accountable, but this is nonsense for the world’s second largest economy.

Compare the treatment of U.S. companies in China to Chinese companies in the United States. When Alibaba built a data center in Seattle, it was not forced to do this as a junior partner in a joint venture, nor was it forced to provide source code to the gov- ernment for review, but U.S. companies seeking to operate in China face these requirements.

China uses various tactics to achieve its technological and economic goals, such as non-tariff barriers to trade, security regulations, procurement mandates, acquisitions (both licit and illicit) of foreign technology, and strategic investments in or acquisition of foreign firms. Companies from the U.S. and other Western nations find themselves under pressure to make long-term concessions in technology transfer in exchange for market access.

Chinese policy is to extract technologies from Western companies; use subsidies and nontariff barriers to competition to build national champions; and then create a protected domestic market for these champions to give them an advantage as they compete globally. Huawei is the best example of a now globally dominant Chinese company built along these lines, but there are others. A senior Chinese official once remarked that if China had not blocked Google from the China market, there would be no Baidu.

 

200422_Lewis_Investigation_v4

 

To view the full report, click here.

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Report On The Appellate of the World Trade Organization /atp-research/report-on-the-appellate-of-the-world-trade-organization/ Sat, 01 Feb 2020 14:48:17 +0000 /?post_type=atp-research&p=21870 The Report highlights several examples of how the Appellate Body has altered Members’ rights and obligations through erroneous interpretations of WTO agreements. Several of these interpretations have directly harmed the...

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The Report highlights several examples of how the Appellate Body has altered Members’ rights and obligations through erroneous interpretations of WTO agreements. Several of these interpretations have directly harmed the ability of the United States to counteract economic distortions caused by non-market practices of countries like China that hurt our citizens, workers, and businesses.

The Appellate Body’s failure to follow the agreed rules has undermined confidence in the World Trade Organization and a free and fair rules-based trading system. Given persistent overreaching by the Appellate Body, no WTO Member can trust that existing or new rules will be respected as written. Indeed, WTO Members have not agreed to any substantive new rules since the WTO came into existence. The conduct of the Appellate Body has converted the WTO from a forum for discussion and negotiation into a forum for litigation.

The United States has always been a strong supporter of a rules-based international trading system and remains so. The United States is publishing this Report – the first comprehensive study of the Appellate Body’s failure to comply with WTO rules and interpret WTO agreements as written – to examine and explain the problem, not dictate solutions. WTO Members must come to terms with the failings of the Appellate Body set forth in this Report if we are to achieve lasting and effective reform of the WTO dispute settlement system.

Report_on_the_Appellate_Body_of_the_World_Trade_Organization

To view the full report, please click here

 

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Asian Economic Integration Report 2019/2020: Demographic Change, Productivity, and the Role of Technology /atp-research/asian-economic-integration-report/ Thu, 14 Nov 2019 21:15:13 +0000 /?post_type=atp-research&p=18680 This report reviews economic cooperation and integration in Asia and the Pacific and looks at how technology could boost productivity in aging economies. This publication examines trade and global value...

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This report reviews economic cooperation and integration in Asia and the Pacific and looks at how technology could boost productivity in aging economies.

This publication examines trade and global value chains, cross-border investment, financial integration, the movement of people, and subregional cooperation.

The theme chapter of this year’s report explores the potential of technology to boost productivity in aging economies. It discusses how countries can promote and adopt innovations to turn demographic challenges into opportunities. The report covers the 49 member countries of ADB in Asia and the Pacific.

asia_tech2019-2020

 

To see the article click here

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Rethinking Trade Treaties & Access to Medicines /atp-research/rethinking-trade-treaties-access-to-medicines/ Wed, 06 Nov 2019 21:06:25 +0000 /?post_type=atp-research&p=18586 Since the establishment of the World Trade Organization (WTO) in 1994 that brought intellectual property rules into the global trading regime via the Agreement on Trade-Related Aspects of Intellectual Property...

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Since the establishment of the World Trade Organization (WTO) in 1994 that brought intellectual property rules into the global trading regime via the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), there has been a concern that the trading regime would globalize the monopolies created by patent rights and therefore make it more difficult for low- and middle-income countries (LMIC) to ensure access to essential medicines for all those in need. Despite the landmark decision in Doha, there continue to be concerns about the extent to which the trading system is compatible with Sustainable Development Goal (SDG) 3, in particular access to medicines. Trading partners from high-income countries continue to pursue bilateral and regional trade agreements that seek intellectual property and investment protections beyond what is required by the TRIPS Agreement (TRIPS-plus). Those same partners also tend to limit the adoption and use of public health flexibilities in the TRIPS Agreement (TRIPS-flexibilities). The trade and investment policy is entering a new era of debate and (re)negotiation shaped by the graduation of many least developed countries (LDCs) who will need to adhere to TRIPS, and the review of multilateral and bilateral agreements in the US.

Many important knowledge gaps remain about the processes and factors that influence the implementation of trade treaties, which can explain the variation in implementation between countries and their effects on access to medicines. Furthermore, rigorous evaluation of the effects of trade treaties on access to medicines is restricted by the limited availability of data, and a lack of uniformity in indicators and weak study methods.

Trade on Medicine Report-2019-GDP-Center

To access the original source: Click here

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