US must handle IPR theft cases objectively

By Shen Dingli
0 Comment(s)Print E-mail China Daily, May 26, 2015
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China and the US both are committed to protecting each other's indigenous technological innovations through unilateral as well as bilateral cooperation. They know that industrial espionage can yield certain short-term gains, but in the long run it poses a huge risk. That is why Beijing and Washington both are opposed to theft of technologies and determined to protect their respective trade secrets.

Such a stance could become more effective if, for example, the US approaches China with its concerns over economic theft, and both sides could launch joint investigation. China should do the same - approach the US - in such cases, especially because it is becoming increasingly vulnerable to IPR theft owing to the fast-paced development of its R&D sector.

Zhang and his lawyer have to defend his case in a US court to prove that he carried out research into and manufactured the products in Tianjin for his own company and/or university, which had nothing to do with the government in order to counter the 32-count charge according to the 1996 Economic Espionage Act. China will provide adequate legal support to protect the legitimate interests of its citizens and convey to the US that its approach to bring suspects to book is improper.

The US is "alarmed" at the rising incidences of possible cyber-based or insider-based theft of IPRs. The indictment of five Chinese military personnel last year and the recent arrest of Zhang indicate the US has become desperate.

While former National Security Agency operative Edward Snowden's revelation of the US' massive illegal surveillance program against China and other countries is yet to be resolved, Washington's latest high-handed attitude toward disputes over IPRs with Chinese nationals will not help the development of bilateral ties. The US' approach will neither help reactivate the suspended bilateral working group on cybersecurity nor boost bilateral academic interaction between the two sides.

The author is a professor at and associate dean of the Institute of International Studies, Fudan University, Shanghai.

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