Search

Begin New Search Topic Intellectual Property/Copyright Publishing Institution Center for Strategic and International Studies (CSIS)

1. Renew SBIR, Just Defend the Recipients against China

Author:
Charles Wessner and Sujai Shivakumar
Publication Date:
09-2022
Content Type:
Special Report
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
An April 2021 internal report by the Department of Defense (DOD) found that companies funded by the DOD’s Small Business Innovation Research (SBIR) program are being targeted by state-sponsored Chinese firms. Based on an examination of a sampling of SBIR award recipients, the Pentagon study concluded that “nearly all cases show that China, not the U.S., is the ultimate beneficiary of DoD and other U.S. government research investments, some of which are significant in size.” The study’s authors cautioned that the study sample was small and that their methodologies warrant review, but their findings are clearly a matter of concern for U.S. policymakers. This justified concern, however, seems to have morphed into quite a different approach. Citing the Pentagon study’s findings, Senator Rand Paul (R-KY), the senior Republican on the Senate Small Business and Entrepreneurship Committee, said in June 2022 that he would not support reauthorizing the SBIR program “without reforms to strengthen research security and stop abusive behavior by bad actors lining their pockets with taxpayer dollars.” In a move unrelated to national security, Senator Paul and several other lawmakers are also seeking limits on the number of awards that can be made to individual SBIR companies. (There is no empirical basis for such a restriction, nor could it be effectively implemented, but the proposed measure emerges anew as SBIR comes up for reauthorization.) The risks, however, are real. The Wall Street Journal reported in July that SBIR and the related Small Business Technology Transfer (STTR) program face “an overhaul or outright extinction” if Congress does not renew their budgets and funding runs out at the end of September. The DOD has already canceled a round of SBIR award solicitations “because of uncertainty over the program’s future.”
Topic:
Security, Defense Policy, Intellectual Property/Copyright, Business, and Rivalry
Political Geography:
China, Asia, North America, and United States of America

2. Securing Intellectual Property for Innovation and National Security

Author:
Sujai Shivakumar
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
The United States is engaged in a global competition for innovation, with critical implications for the nation’s continued technological leadership, competitiveness, and security. To win, the United States will need to leverage its advantages at home, including its robust intellectual property (IP) rights system and the innovative zeal of its entrepreneurs. It should also look abroad—setting the pace for scientific cooperation with allies and strategic partners, as well as developing shared international technical standards through the contributions of experts from around the globe. Most pressingly, the United States should not adopt policies that weaken protection of U.S.-owned patents—which would both disincentivize innovation in the United States and support Chinese efforts to dominate critical standards and other advanced technologies. Yet a recent proposal of the Antitrust Division of the U.S. Department of Justice (DOJ) does just that. Launched as a consultation, its Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to F/RAND Commitments is promoted as an effort to encourage good-faith licensing negotiations and to address the scope of remedies available to patent owners who have agreed to license their essential technologies on fair, reasonable, and non-discriminatory (F/RAND) terms. While this draft policy seems like an innocuous administrative change, it has the potential to do significant damage to the United States’ innovation engine and, by extension, to its national security.
Topic:
Security, Intellectual Property/Copyright, Innovation, and Strategic Competition
Political Geography:
North America and United States of America

3. Emerging Technologies and Managing the Risk of Tech Transfer to China

Author:
James Andrew Lewis
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
There are deep interconnections between the U.S. and Chinese economies, and China has built its technology base on what it has acquired from the West. China’s government and some Chinese companies will use any means, legal or illegal, to acquire technology. The United States’ relationship with China cannot continue unchanged, but given the interconnections, change must be managed carefully. New restrictions are needed, but counterintuitively, these should be shaped by recognizing that being open makes the United States stronger than being closed. The best approach is an incremental and flexible approach to technology transfer centered on the need to avoid harm to the U.S economy. This report outlines the policy tools that the United States can use to mitigate risk while maintaining the openness that is a hallmark of the U.S. economy.
Topic:
Science and Technology, Intellectual Property/Copyright, Conflict, and Emerging Technology
Political Geography:
China, Asia, North America, and United States of America

4. Intellectual Property and the International Trade Commission An Examination of the Role of the ITC in Protecting IP Rights

Author:
William Alan Reinsch and Jonathan Robinson
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
Section 337 of the Tariff Act of 1930 has been a powerful tool for protecting U.S. intellectual property (IP) rights and the U.S. market from unfair competition for nearly 100 years. The statute empowers the U.S. International Trade Commission (ITC) to ban imports of goods that inappropriately use U.S. intellectual property. Since it was last amended in 1988, however, new issues have emerged with the law and the Commission’s role in enforcing its provisions. As the economy modernizes and intellectual property enters the digital realm, we examine the ITC and its role in enforcing IP rights and suggest possible ways the ITC can modernize its operations to better confront the challenges of the twenty-first century.
Topic:
Intellectual Property/Copyright, Digital Economy, Trade, and Modernization
Political Geography:
United States and North America