China’s New 115-Point Plan to Ramp up Its Heist of US IP Creation – Opinion

Guest op-eds do not always reflect the opinions of the author.

God bless former president Donald Trump.  Trump almost single-handedly changed the nation’s perspective on many very important topics.

Including, especially, Intellectual Property (IP), China — and China stealing IP.

The Trump Administration’s IP Battle Against China

Prior, to Trump, we spent decades ignoring China’s trillions of dollars’ worth of IP theft.  Big Business made a lot of money selling out the US.  Big Business was coercing the Big Government to continue rolling out the US Sell-Out.

Trump once declared that the Chinese Emperor was naked.  Everybody was doing the same.  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.

Communist China’s Latest Intellectual Property Con: Stealing IP Creation:

“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 Makes Itself More Attractive for IP Creation — the US Makes Itself Much Less So:

“China stole US manufacturing.  They now want to take US IP creation.  We are also helping them in a very foolish way, just like we were with manufacturing.

“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.

China issues 115 point outline for building a powerful intellectual property country:

“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.

What is DC doing in the meantime?  Doing everything in our power to undo as much good Trump has done for US IP.

Senators Pat Leahy & John Cornyn Present Bill to Restores The America Invents Act

What is the America Invents Act?

Restoring the America Invents Act – Naivety or Corruption

The America Invents Act Has Harmened Inventors

“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.”

From the beginning, America Invents Act had been flawed

“‘First to File’ was just the beginning of the damage caused by the America Invents Act. Once the Patent Trial and Appeal Board’s (PTAB), concept is understood fully, it will be even harder to 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. It was founded on the idea that the labour of our brains can make us a profit. AIA’s toxic swamp of fastsand laws has made it difficult for entrepreneurs and startups to innovate, which is threatening the economic recovery.

“The AIA must be repealed lest we lose our job creation engine forever.”

Except DC isn’t repealing it.  DC instead seeks to restore it.

This hurts the US.  China is also helped.

And China’s 115-point plan.

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