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Explainer | Why China’s intellectual property protection matters to Beijing and Washington

  • Intellectual property is seen as strategically vital by both nations
  • China’s growing stake in IP, and obligations under its phase one trade deal with the US, have contributed to advances in its IP protection

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China has indicated it is making IP protection a priority as part of its strategy to seek self-reliance in critical technology. Photo: Shutterstock

This is the third in a series of reports on Chinese intellectual property as Beijing seeks to make IP protection a central part of its new development strategy.

In US President Joe Biden’s first big speech to Congress last month, he cast US-China relations as a battle for the century, with intellectual property as one of the key issues.
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Speaking about his discussions with Chinese President Xi Jinping, Biden said: “America will stand up to unfair trade practices that undercut American workers and American industries, like subsidies from [the] state to state-owned operations and enterprises and the theft of American technology and intellectual property [IP].”

China, meanwhile, has signalled that IP protection is a priority in its 14th five-year plan for 2021 to 2025, as part of its strategy to move towards self-reliance in critical technology. Government economic planners last month published a guidebook detailing how they intended to strengthen the protection of IP and raise high-value patent ownership over the next five years, and Beijing is this year set to reveal its strategic plan to make China a global IP power by 2035.

Why does the US care about IP protection in China?

The United States has called China the “world’s principal IP infringer”. In a 2017 report, the US bipartisan Commission on the Theft of American Intellectual Property estimated that counterfeit goods, pirated software and the theft of trade secrets cost the US economy between US$225 billion and US$600 billion annually, not including the full cost of patent infringement.

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