Global technology piracy and knock-off products have long been a source of hand-wringing for U.S.-based companies. China, being the source of much of the world’s manufacturing, is also one of the world’s biggest offenders when it comes to intellectually property theft and is often the source of international trade issues.
Current Trade Issues Between U.S. & China
Contrary to popular opinion, the current dispute between the U.S. and China over trade has little to do with Chinese customs duties, which are already pretty low since both countries are part of the WTO. The levying of punitively high duties by the U.S. has been used as a retaliatory tactic to counter a wide range of offensive Chinese trade policies such as Chinese currency manipulation and other factors that the U.S. alleges contribute to the wide trade imbalance between the two countries.
The Tariff Punishment to Help Balance International Trade Issues
Central to the current rift between the Trump administration and China is protection of U.S. technology. Of particular interest to the U.S. is eliminating China’s foreign investment laws that require joint ventures with Chinese companies – effectively requiring U.S. companies to transfer technology and trade secrets to Chinese partners.
There are few simple solutions to questions about international trade issues or international business transaction matters, so companies should consult with experienced legal experts for assistance.
A recent WSJ article discusses measures that U.S. negotiators can pursue to slam the brakes on China’s IP theft. (The full article requires a subscription).
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About the firm:
Klemchuk LLP is a litigation, intellectual property (IP), and business law firm, located in Dallas, TX. We offer comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, international business, import/export, data privacy, and domain name dispute resolution. Additional information about the IP firm and its IP attorneys may be found at www.klemchuk.com.
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