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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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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Primary Sources

House Resolution 3782, Online Protection and Enforcement of Digital Trade Act (OPEN)

Senator Ron Wyden and Representative Darrell Issa proposed on January 18, 2012, the Online Protection and Enforcement of Digital Trade Act (OPEN) as an alternative for SOPA and PIPA, two Congressional bills related to intellectural property online that opponents said compromised free speech, innovation, access to information online, and the infrastructure of the Internet. In 2013, the House introduced Cyber Intelligence Sharing and Protection Act (CISPA).

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Primary Sources

House Resolution 3261, Stop Online Piracy Act (SOPA)

U.S. Representative Lamar Smith introduced the Stop Online Piracy Act (SOPA) on October 26, 2011; the Senate proposed a related bill, PROTECT IP Act (PIPA). SOPA's full title states that its aim is "to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes." Opponents of the bills state that they will restrict free speech, innovation, and access to online information and proposed Online Protection and Enforcement of Digital Trade Act (OPEN Act). In 2013, the House introduced Cyber Intelligence Sharing and Protection Act (CISPA).

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Primary Sources

Senate Resolution 968, PROTECT IP Act (PIPA)

Senator Patrick Leahy introduced PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PIPA)) on May 12, 2011; the House introduced a similar bill, SOPA, on October 26, 2011. PIPA's goal is to prevent access to "rogue websites dedicated to the sale of infringing or counterfeit goods." Opponents of the bills state that they will restrict free speech, innovation, integrity of online infrastructure, and access to online information and proposed Online Protection and Enforcement of Digital Trade Act (OPEN Act). In 2013, the House introduced Cyber Intelligence Sharing and Protection Act (CISPA).

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Teaching Module

Teaching Module: Reforming U.S. Patent Policy

Author: Keith E. Maskus

This module features teaching notes for Reforming U.S. Patent Policy: Getting the Incentives Right by author Keith E. Maskus, along with other resources to supplement the text. This Council Special Report acknowledges the importance of patent protection for innovation but also warns against blind adherence to the mantra that more protection will necessarily produce more innovation.

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