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Begin New Search Topic Intellectual Property/Copyright Political Geography United States of America

11. A Crucial Link: Using Intellectual Property to Inform Global Supply Chain Policy

Author:
Philip C. Rogers
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
University of California Institute on Global Conflict and Cooperation (IGCC)
Abstract:
The COVID-19 pandemic, coupled with trade tensions and technological competition between the United States and China, have severely disrupted global supply chains. As businesses and policymakers grapple with “building back better” in a tense trade environment, they face the dilemma of balancing the traditional benefits of global production with the security demands of new geopolitical realities. This policy brief, part of a series on great power competition, highlights the productive role that intellectual property (IP) can play in navigating supply chain disruptions resulting from great power competition in a post-pandemic world. Rather than reinforcing the vicious cycle of techno-nationalist confrontation, it is possible for businesses and policymakers to promote virtuous cycles of competition with a more robust focus on intellectual property. Specifically, businesses and policymakers can look to IP licensing and allocation of rights to play a key role in tariff mitigation strategies and supply chain restructuring. At the same time, competitive pressures can lead to enhanced IP regimes in China and other economies, which argues for a more nuanced discussion of supply chains beyond physical relocation and economic decoupling.
Topic:
National Security, Intellectual Property/Copyright, Innovation, Strategic Competition, COVID-19, Supply Chains, and Geoeconomics
Political Geography:
China, Global Focus, and United States of America

12. 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

13. The Security Dimension of a China Free Trade Agreement: Balancing Benefits and Risk

Author:
Gordon Houlden
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
In 2017, Canada engaged in several rounds of exploratory discussions for a potential free trade agreement (FTA) with the People’s Republic of China. It seemed probable that this exploratory phase would be followed by the opening of formal rounds of negotiations, to be announced during Prime Minister Justin Trudeau’s visit to China in December 2017. An FTA appeared to be a priority for Trudeau since his government came into office in 2015 (Global Affairs Canada, 2017a; Lu, 2017; PMO, 2017); however, such negotiations were put on hold indefinitely, ostensibly due to irreconcilable differences on gender and labour issues. Despite this setback, it is likely that the Canadian government will continue to explore this option in the coming years, particularly with the North American Free Trade Agreement (NAFTA) in jeopardy. While there are many potential benefits of a Canada-China free trade agreement (CCFTA), there are also significant national security implications that will deserve particular attention. The security dimension will be the focus of this paper. Prospective CCFTA negotiations with China would be both complex and time consuming, in part due to the wide divergences between the Canadian and Chinese economies, as well as differences between Canadian and Chinese administrative and legal systems. Negotiations could therefore take several years to conclude, and might not be finished until well after the 2019 federal election. It took a full decade to sign and ratify the China-Australia Free Trade Agreement (ChAFTA), although it appears that the most difficult portion of the negotiations was wrapped up in the final two years. It is unlikely that a CCFTA will move as slowly as the Australian FTA did, in part because of the established Australian precedent and because of China’s increasing familiarity with FTA negotiations that involve advanced economies. For this reason, Canada would benefit from approaching a CCFTA after Australia, but before many other Western countries. Chinese and Canadian negotiators will be consumed with elaborating the principles of each side’s responsive FTA approaches, as well as the myriad of details involving thousands of products and services that a CCFTA’s provisions would affect. Canadian negotiators will seek a high-quality FTA that covers a large percentage of our export and import products with China, as well as an agreement that covers all key sectors and industries. There is also likely to be a Canadian focus on addressing China’s use of non-tariff barriers to trade which currently inhibit Canadian firms from taking full advantage of the massive China market. Such measures include the Chinese Ministry of Health’s 2013 changes to food safety standards which required all imported food products to list detailed nutritional components in Chinese. Procedural barriers such as this represent a significant hurdle for Canadian firms, and cause uncertainty among international exporters that want to break into the Chinese domestic market. In theory, the centralized Chinese economy lacks the regional complexity of the Canadian federal state, characterized by sub-national units, but in reality, China’s provinces and municipalities can, and often do, impose barriers to foreign imports, often to protect market share for local substantive industries. To date, China has FTAs with only a handful of developed countries. Australia, Korea, Switzerland, Iceland, Singapore and New Zealand currently have bilateral FTAs with China, and several others, such as Norway and Israel, are in FTA negotiations. China is also floating ideas for FTAs with developing countries, including India. China is far more trade-dependent than the United States, although by comparison China is not nearly as trade-dependent as Canada is.1 The balance of trade is currently in China’s favour: China exports US$46 billion to Canada, versus the US$16 billion that it imports from Canada (MIT, 2016a). However, it is important to note that China’s exports to Canada account for only 2.2 per cent of China’s total merchandise exports (MIT, 2016b).
Topic:
Security, Intellectual Property/Copyright, Free Trade, and Trade
Political Geography:
China, Canada, Asia, and United States of America