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Yahoo
7 days ago
- Business
- Yahoo
Opinion - Intellectual property must be a North Star in Trump's trade deals
The last article of the U.S.-United Kingdom trade deal raises the important issue of intellectual property. It's admittedly a placeholder. The obligations will have to be worked out later. But if there's serious intent behind it, this aspiration should inform the template for Trump's upcoming bilateral negotiations. In Trump's America First Trade Policy memo from February, he called for a study to identify 'any unfair trade practices by other countries and recommend appropriate actions to remedy such practices.' He has two that do this: the 2025 National Trade Estimate Report and the 2025 Special 301 Report. The latter document, which lost its voice during the Biden administration, is back. It's once again touting the fact that intellectual property directly or indirectly accounts for 63 million high-paying jobs and 41 percent of U.S. GDP. And it 'names and shames' countries that don't sufficiently protect and enforce American intellectual property. China and India were named and shamed. They have been 'priority watch list' countries for years and represent markets with the most significant intellectual property issues. Trump is negotiating with both countries. Start with China. The Special 301 Report spends 10 pages detailing concerns. For example, China is the world's largest source of counterfeit goods and has rampant online piracy. Other challenges are much more nuanced. For example, Beijing's party-controlled Chinese courts have issued anti-suit injunctions to curtail foreign litigation over standard essential patents. This gives China undue influence in setting 'fair, reasonable and nondiscriminatory' royalty rates on 5G and countless other technologies. Not just in China, mind you, but in other countries. The U.S.-China Joint Statement signed on May 12 says that the countries 'will establish a mechanism to continue discussions about economic and trade relations.' Trump should hold China accountable for upholding the Phase 1 deal he signed with Beijing, and push for more. The deal covers intellectual property commitments, many of which China has not implemented, particularly with respect to patent enforcement, patent term extensions and patentability standards. Trump should also seek commitments that build on the Phase 1 deal such as regulatory data protection, which would make it more difficult for China to backslide. Then there's India. The U.S. and India are negotiating a multi-phase bilateral trade deal. To fulfill President Trump and Prime Minister Modi's vision of more than doubling total bilateral trade to $500 billion by 2030, intellectual property issues must be comprehensively addressed early and upfront. Yet, as the Special 301 Report concluded, 'India remains one of the world's most challenging major economies with respect to the protection and enforcement of IP.' India needs to commit to intellectual property protections comparable to those that Indian innovators enjoy in the U.S. Early commitments would signal India's seriousness about the negotiations and its intent to be a reliable partner. Finally, consider the European Union. Like the U.K., it has a high-standard intellectual property regime. Unlike China and India, it isn't written up in the Special 301 Report. But the National Trade Estimate Report records that U.S. exporters have many concerns. Some ring familiar, like copyright protections under the Digital Single Market Strategy. Others are more nuanced, such as the evaluation of risk under the EU's new AI Act, which might violate intellectual property protections on source code and trade secrets, for example. Then there are the legislative proposals that would exploit biopharmaceutical-related intellectual property and other incentives to achieve localization objectives and expand the use of compulsory licenses. Online piracy, domestic content and language requirements are also evident across various EU members. More generally, Brussels's preferences on digital trade don't line up with those of the U.S., as originally penned by Trump in his first term. There's a ready-made forum in which to negotiate these gaps: the U.S.-E.U. Trade and Technology Council. The council is meant to spur transatlantic cooperation and competitiveness, but it has faltered in recent years. An upgraded mandate to address intellectual property, along with its emphasis on digital technologies, would help in this regard. If Trump's trade deals are to be successful, they must prioritize the protection and enforcement of intellectual property. As the Department of Commerce observed, 'the entire U.S. economy relies on some form of IP because virtually every industry either produces or uses it.' Marc L. Busch is the Karl F. Landegger Professor of International Business Diplomacy at the Walsh School of Foreign Service, Georgetown University. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
7 days ago
- Business
- The Hill
Intellectual property must be a North Star in Trump's trade deals
The last article of the U.S.-United Kingdom trade deal raises the important issue of intellectual property. It's admittedly a placeholder. The obligations will have to be worked out later. But if there's serious intent behind it, this aspiration should inform the template for Trump's upcoming bilateral negotiations. In Trump's America First Trade Policy memo from February, he called for a study to identify 'any unfair trade practices by other countries and recommend appropriate actions to remedy such practices.' He has two that do this: the 2025 National Trade Estimate Report and the 2025 Special 301 Report. The latter document, which lost its voice during the Biden administration, is back. It's once again touting the fact that intellectual property directly or indirectly accounts for 63 million high-paying jobs and 41 percent of U.S. GDP. And it 'names and shames' countries that don't sufficiently protect and enforce American intellectual property. China and India were named and shamed. They have been 'priority watch list' countries for years and represent markets with the most significant intellectual property issues. Trump is negotiating with both countries. Start with China. The Special 301 Report spends 10 pages detailing concerns. For example, China is the world's largest source of counterfeit goods and has rampant online piracy. Other challenges are much more nuanced. For example, Beijing's party-controlled Chinese courts have issued anti-suit injunctions to curtail foreign litigation over standard essential patents. This gives China undue influence in setting 'fair, reasonable and nondiscriminatory' royalty rates on 5G and countless other technologies. Not just in China, mind you, but in other countries. The U.S.-China Joint Statement signed on May 12 says that the countries 'will establish a mechanism to continue discussions about economic and trade relations.' Trump should hold China accountable for upholding the Phase 1 deal he signed with Beijing, and push for more. The deal covers intellectual property commitments, many of which China has not implemented, particularly with respect to patent enforcement, patent term extensions and patentability standards. Trump should also seek commitments that build on the Phase 1 deal such as regulatory data protection, which would make it more difficult for China to backslide. Then there's India. The U.S. and India are negotiating a multi-phase bilateral trade deal. To fulfill President Trump and Prime Minister Modi's vision of more than doubling total bilateral trade to $500 billion by 2030, intellectual property issues must be comprehensively addressed early and upfront. Yet, as the Special 301 Report concluded, 'India remains one of the world's most challenging major economies with respect to the protection and enforcement of IP.' India needs to commit to intellectual property protections comparable to those that Indian innovators enjoy in the U.S. Early commitments would signal India's seriousness about the negotiations and its intent to be a reliable partner. Finally, consider the European Union. Like the U.K., it has a high-standard intellectual property regime. Unlike China and India, it isn't written up in the Special 301 Report. But the National Trade Estimate Report records that U.S. exporters have many concerns. Some ring familiar, like copyright protections under the Digital Single Market Strategy. Others are more nuanced, such as the evaluation of risk under the EU's new AI Act, which might violate intellectual property protections on source code and trade secrets, for example. Then there are the legislative proposals that would exploit biopharmaceutical-related intellectual property and other incentives to achieve localization objectives and expand the use of compulsory licenses. Online piracy, domestic content and language requirements are also evident across various EU members. More generally, Brussels's preferences on digital trade don't line up with those of the U.S., as originally penned by Trump in his first term. There's a ready-made forum in which to negotiate these gaps: the U.S.-E.U. Trade and Technology Council. The council is meant to spur transatlantic cooperation and competitiveness, but it has faltered in recent years. An upgraded mandate to address intellectual property, along with its emphasis on digital technologies, would help in this regard. If Trump's trade deals are to be successful, they must prioritize the protection and enforcement of intellectual property. As the Department of Commerce observed, 'the entire U.S. economy relies on some form of IP because virtually every industry either produces or uses it.' Marc L. Busch is the Karl F. Landegger Professor of International Business Diplomacy at the Walsh School of Foreign Service, Georgetown University.
Epoch Times
30-04-2025
- Business
- Epoch Times
US Trade Agency Keeps China on Priority Watch List Over Intellectual Property
China remains on the priority watch list of the Office of the U.S. Trade Representative (USTR), the agency announced on April 29, saying that the country's pace of addressing IP protection and enforcement 'remained slow' in 2024. USTR's annual 'Americans take great pride as the world's leading innovators and creators,' U.S. Trade Representative Jamieson Greer 'Our trading partners must address the concerns identified in the Special 301 Report and stop those stealing the intellectual property of hard-working businesses and individuals. 'President [Donald] Trump has a track record of empowering our innovators and workers, and this comprehensive report is a basis for the United States to take trade enforcement action against those not playing fairly.' Communist China has been on the priority watch list for most years since the Special 301 Report was first issued in 1989. This year, the USTR said there are 'serious concerns' about several longstanding issues, including technology transfer, trade secrets, counterfeiting, online piracy, copyright law, patent and related policies, bad-faith trademarks, and geographical indications. Related Story 4/29/2025 'China should provide a level playing field for IP protection and enforcement, refrain from requiring or pressuring technology transfer to Chinese companies at all levels of government, open China's market to foreign investment, and embrace open, market-oriented policies,' the report reads. USTR said the phase-one trade agreement, signed in January 2020 during the previous Trump administration, included several Chinese commitments, such as trademarks, copyrights, and pharmaceutical-related IP. 'China has failed to implement or only partially implemented a number of these commitments,' the report reads. 'The United States continues to closely monitor China's progress in implementing its commitments under the Phase One Agreement.' In the report, USTR noted that China continues to be the 'world's leading source of counterfeit and pirated goods,' citing data from the U.S. Customs and Border Protection (CBP). In fiscal year 2024, CBP USTR said that counterfeiting activities in China have increased as the country's economy declines. 'The production, distribution, and sale of counterfeit medicines, fertilizers, and pesticides, as well as under-regulated pharmaceutical ingredients, remain widespread in China,' the report reads. The report highlights a new development in March, when China's State Council issued the 'Provisions on the Handling of Foreign-Related Intellectual Property Disputes.' USTR called the latest Chinese measure 'troubling' because it 'seemingly legitimizes political intervention in IP disputes.' 'This new measure authorizes Chinese government agencies to take countermeasures against and impose restrictions on foreign entities that 'use intellectual property disputes as an excuse to contain and suppress China' and also to 'take discriminatory restrictive measures against Chinese citizens or organizations,'' the report reads. Aside from China and Mexico, the USTR's priority watch list also includes Argentina, Chile, India, Indonesia, Russia, and Venezuela. The watch list includes Algeria, Barbados, Belarus, Bolivia, Brazil, Bulgaria, Canada, Colombia, Ecuador, Egypt, Guatemala, Pakistan, Paraguay, Peru, Thailand, Trinidad and Tobago, Turkey, and Vietnam. Last month, Sen. Tom Cotton (R-Ark.), chairman of the Senate Select Committee on Intelligence, took to social media platform X to mark World Intellectual Property Day, which is 'This World IP Day, remember: China doesn't innovate—it steals. From semiconductors to biotech, they're looting American ideas to build their military. I'll keep fighting to stop it,' Cotton In January, Cotton and his Senate colleagues
India Today
30-04-2025
- Business
- India Today
US puts India on watch list over IP rights enforcement, violations
The US has placed India on its 'Priority Watch List', citing concerns over India's intellectual property rights (IPR) protection and enforcement. The United States Trade Representative (USTR), in its latest report, dubbed India "one of the most challenging major economies when it comes to the protection and enforcement of intellectual property (IP)".According to the USTR's 2025 Special 301 Report, India's progress in safeguarding intellectual property rights has been uneven over the past year, with inconsistencies in protection and report even called India the world's most "challenging major economies" when it comes to IP enforcement. Despite India's efforts to enhance its intellectual property framework, including promoting public awareness about its significance and stepping up engagement with the US on intellectual property (IP) matters, it still hasn't made sufficient progress on several long-standing IP issues, according to the Special 301 Report is a yearly assessment by the US of intellectual property protection practices in other countries. It evaluates over 100 trading partners and identifies those that don't meet US standards for protecting intellectual property IP PROTECTION PROGRESS INCONSISTENT: SPECIAL 301 REPORTThe report discussed India's IP protection and enforcement."India remains one of the world's most challenging major economies with respect to protection and enforcement of IP," the report, which was released on Tuesday, issues continue to be of particular concern in India. Among other concerns, the potential threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act impact companies across different sectors, it had earlier stated that this report is a unilateral measure taken by the US under their Trade Act, 1974, to create pressure on countries to increase IPR protection beyond the TRIPS agreement. Besides, India has maintained that its IPR regime is fully compliant with global trade norms, news agency PTI the report comes as India and the US are negotiating a bilateral trade agreement after US President Donald Trump announced tariffs on imports. Subsequently, Trump paused the tariffs for 90 and the US are currently negotiating a bilateral trade deal aimed at increasing two-way trade to $500 billion by 2030, with the report emerging in this context. The pact is also expected to help the US reduce its trade deficit with India, which stood at $41.18 billion in 2024–25.A trade expert said India has a well-established legislative, administrative, and judicial framework to safeguard IPR that meets its obligations under the WTO's Agreement on Trade-Related IPRs (TRIPS), PTI ISSUES REMAINS A KEY CONCERN IN INDIA: REPORTadvertisement"Among other concerns, the potential threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act impact companies across different sectors. Moreover, patent applicants generally continue to confront long waiting periods to receive patent grants and excessive reporting requirements," the report continued to express concerns over vagueness in the interpretation of the Indian Patents Act, it alleged.
NDTV
30-04-2025
- Business
- NDTV
US Puts India On "Priority Watch List" For Alleged IP Rights Violations
New Delhi: The United States has placed India, along with China and Russia, on its "priority watchlist" of countries on its radar for alleged deficiencies and violations of intellectual property rights (IPR). Citing New Delhi's "inconsistent progress", the Special 301 Report of 2025, released by the US Trade Representative's office, called India one of the "most challenging major economies with respect to protection and enforcement of IP." USTR's annual report l ists eight countries on its "priority watch list" for deficiencies and violations of IP rights-- including India, Mexico, China, Chile, Argentina, Indonesia, Russia and Venezuela. At least 18 other countries have also been put on the watch list, including Vietnam, Brazil, Algeria, Barbados, Belarus, Bolivia, Bulgaria, Canada, Colombia, Ecuador, Egypt, Guatemala, Pakistan, Paraguay, Peru, Thailand, Trinidad and Tobago and Turkey. What Is 'Special 301' Report The Special 301 Report is an annual review by the US of countries on how they protect and enforce IPR. Each year, after research and analysis of more than 100 trading partners, USTR draws a list of countries that fail to address US concerns. USTR conducts this review under Section 182 of the Trade Act of 1974, which allows America to take actions against countries that engage in unfair or discriminatory trade practices, burdening US commerce. These actions can range from imposing tariffs to investigating trade practices and even taking retaliatory measures. Why India Is On The List The report said that India has been retained on the list, particularly due to continuing patent issues. "Among other concerns, the potential threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act impact companies across different sectors," the report said. "Moreover, patent applicants generally continue to confront long waiting periods to receive patent grants and excessive reporting requirements. Stakeholders continue to express concerns over vagueness in the interpretation of the Indian Patents Act," it added The report also acknowledged the actions taken by India to promote and enforce IP protection in some areas and steps taken to partially address long-standing issues with patent pre-grant opposition proceedings and cumbersome reporting requirements by notifying the Patents (Amendment) Rules, 2024. Another issue highlighted against India in the report is the high levels of online piracy and the lack of effective enforcement. It also said India, along with China, Hong Kong, the United Arab Emirates, and Singapore, were the top countries of origin for counterfeit pharmaceuticals seized at the US border in 2024.
