Intellectual Property

Foreign Affairs Article

Fake It Till You Make It

Authors: Kal Raustiala and Christopher Sprigman

Given that Chinese counterfeiting has benefits as well as costs, and considering China's historical resistance to Western pressure, trying to push China to change its approach to intellectual property law is not worth the political and diplomatic capital the United States is spending on it.

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Must Read

IDEA: Patent Law 101: Does a Grudging Lundgren Panel Decision Mean That the USPTO is Finally Getting the Statutory Subject Matter Question Right?

Authors: John A. Squires and Thomas S. Biemer

A critique of the U.S. Patent and Trademark Office's practice of denying patents for new financial services products unless they are connected to the "technological arts." The article shows that this restriction on patentability has no grounding in U.S. patent law or precedent and does little to address the larger and more important issue of dwindling patent quality.

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Other Report

Pirates on the High Seas

Author: Bénédicte Callan

U.S. trade is increasingly dependent on high-technology and innovation-intensive goods. Many companies share a reliance on innovation and export and, therefore, an interest in ensuring adequate intellectual property protection for their products worldwide. This report examiens the scourge of piracy, which affects the symbols of U.S. economic strength and greatest hope for the future--modern information-intensive industries.

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Primary Sources

United States of America v. Members of China's People's Liberation Army

The U.S. Department of Justice announced the indictment of five Chinese military hackers on May 19, 2014. Wang Dong, Sun Kailiang, Wen Xinyu, Huang Zhenyu, and Gu Chunhui were charged with computer hacking, economic espionage and other offenses directed at Americans in the nuclear power, metals, and solar products industries.

See more in United States; China; Cybersecurity; Intellectual Property

Primary Sources

Commission on the Theft of American Intellectual Property (The IP Commission) Report, May 2013

The Commission on the Theft of American Intellectual Property (The IP Commission), with members from the "private sector and public service in national security and foreign affairs, academe, and politics," released its report on May 22, 2013. The Commission addresses theft by cyber means and pinpoints China as a main concern.

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Primary Sources

Obama Administration: Mitigating the Theft of the U.S. Trade Secrets, February 2013

Representatives from U.S. Departments of Commerce, Defense, Homeland Security, Justice, State, Treasury, the Office of the Director of National Intelligence, and the Office of the United States Trade Representative collaborated to create this strategy, addressing threats to the intellectual property and innovation of the U.S. economy.

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