US Continues Pressure on IP Violations

by Paul Denlinger

Posted June 22, 2004

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Visiting US Commerce Secretary Don Evans continued to pressure China on intellectual property violations of US products. In a previous visit, Evans criticized the Chinese government's weak enforcement of IP violations.

Evans said that Chinese violations of intellectual property rights were having a detrimental effect on US workers.

"There needs to be much more efforts, much more resources put into the protection of intellectual property rights across the country," Evans told reporters during a visit to a factory in a Beijing suburb.

The Chinese authorities needed to do more at the provincial and city levels, he said, two months after Chinese Vice Premier Wu Yi pledged during meetings with Evans in Washington to intensify a crackdown on counterfeiting.

China's own State Council has estimated the market value of counterfeit goods in China at about $19 billion to $24 billion annually. The bogus trade affects a wide range of U.S. products, including films, music, publishing, software, pharmaceuticals, information technology and automotive parts.

As the US has switched from a manufacturing based economy to a service economy, it is much more sensitive to IP violations than China currently is. However, some larger Chinese firms are changing their attitudes by educating their management.

In China, it is easier to enforce business deals made with the central government than it is to enforce local deals, which are less than US$30 million. Many local business investments operate in a murky world in which government support and enforcement are unclear in the event of a dispute.

Some copiers of US and European products take great pride in their fakes, claiming that is is impossible to differentiate the original from the fake. This has created an awkward situation for US and European makers; what do they do with their Chinese pirates, stamp them out or partner with them to make the real thing?

While no companies are willing to admit it, more than a few choose to partner with the Chinese companies who originally violated their intellectual property rights. In some instances, it's just easier.

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