For generations, China has appropriated American technological discoveries, built new industries from those new technologies, and sold them around the world, including to us.Many cutting-edge technologies led by China, such as lithium-ion and lithium iron phosphate battery and Solar power, it was not invented in China. They were primarily found in America and received significant US government funding.
U.S. countermeasures against Chinese technology theft have largely focused on preventing further theft, and the response to what has already been stolen has been mostly complaining. However, the U.S. government has significant intellectual property and contractual rights to much of that technology due to its financial support for early-stage technology research.
The United States should take steps to restore its intellectual property and stop China from selling products that violate those rights in the United States and around the world. This could significantly repatriate the manufacturing of stolen technology to the US, and also prevent China from further appropriating and commercializing US technology being developed with taxpayer funding. be able to.
U.S. government agencies offer more than $150 billion Annual funding for all types of discoveries, including the Departments of Energy, Defense, Commerce, Health and Human Services, NASA, and the National Science Foundation. Governments typically include some type of intellectual property and commercialization rights in grants as part of the funding.
The largest intellectual property bucket is Bayh-Dole and stevenson weidler A law that requires recipients of research to attempt to commercialize inventions resulting from that research, with specific obligations. If the recipient does not comply with these terms, the government has a “right of entry” to take back the intellectual property and control how the rights are subsequently licensed.
Theft of intellectual property from U.S. government-supported laboratories, universities, or companies, from open sources, or illegal theft by Chinese nationals may violate intellectual property requirements under the Act. there is. And various government agencies already have the power to enter into intellectual property and enforce legal rights.
Another common legal requirement for government technology research and development grants is a “Build in America” clause. This typically requires that if the technology is to be commercialized, it must be substantially manufactured in the United States in order to be sold there.
These and other historic federal funding requirements for many technologies currently sold by China have likely been violated. So instead of wringing their hands and complaining about everything China has stolen, the government should exercise its various rights and stop China from selling those products.
The government may launch the China IP Initiative to bring back the commercialization of our discoveries in energy, biotechnology, information technology and other fields. Each agency identifies key technologies supported under Bayh-Dole and other authorities, works with the Department of Justice, which manages each department’s litigation, to protect intellectual property and enforce its rights. Steps can be taken to enforce it globally. It could also push for publication through the Department of Commerce and the International Trade Commission. Article 337 Actions that prevent affected products from being sold in the United States
Additionally, governments may extend their actions to international jurisdictions such as the European Union, and their legal intellectual property protections may also support our actions there. Similar intellectual property protections may exist in the European Union, the United Kingdom and other regions and may be enforced in these jurisdictions on an early managed funds basis.
The U.S. government provides significant support for research and development. Doing so will result in clear intellectual property rights and no new legislative authority will be required to act on these important rights. Governments should take steps to leverage these rights to recover investments and protect them from Chinese embezzlement.
Paul Dabbar is a former Under Secretary of Science at the U.S. Department of Energy and CEO of Bohr Quantum Technology. Ted Garrish is the Assistant Secretary for International Affairs and General Counsel at the U.S. Department of Energy and president of Annapolis Energy Consulting.
Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
