“Get rid of fakes” Xi Jinping Malbal, why doesn’t work in China
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“Get rid of fakes” Xi Jinping Malbal, why doesn’t work in China

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“Let’s make the world know about China’s intellectual property protection efforts.”

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[AP=연합뉴스]

– On the 1st, Chinese President Xi Jinping said. On this day, in Beijing, a group study by the Central Political Bureau of the Communist Party was held. President Xi stressed that “protecting intellectual property rights is protecting innovation,” and “let’s show that China is a’civilized powerhouse’ and a’responsible powerhouse’ (through intellectual property protection).” Why did President Xi order the protection of intellectual property rights?

[사진 셔터스톡] –

[사진 셔터스톡]

– Fake country. It is the stigma of China. The “technological hijacking nation” is a staple material used by US President Donald Trump when attacking China. The situation is no different in the Joe Biden administration.

President-elect Joe Biden, who contributed to the Foreign Affairs in April.[포린어페이스 홈페이지 캡처] –

President-elect Joe Biden, who contributed to the Foreign Affairs in April.[포린어페이스 홈페이지 캡처]

– President-elect Biden said in an article in the US diplomatic journal Foreign Affairs in April, “If China goes its own way, it will continue to rob the US government and corporations of technological and intellectual property rights.” This is why it is evaluated as “intellectual property rights are the center of Chinese policy of the Biden administration” (Diplomat, US Newspaper). It must be said that Xi’s remarks were also conscious of Biden.

Deputy Prime Minister Liu Hee (left) and President Trump are shaking hands at the time of signing the first phase of the US-China trade agreement at the White House in the United States in January. [로이터=연합뉴스] –

Deputy Prime Minister Liu Hee (left) and President Trump are shaking hands at the time of signing the first phase of the US-China trade agreement at the White House in the United States in January. [로이터=연합뉴스]

– US guidelines are already available. This is the first phase US-China trade agreement signed in January. The agreement contained Intelectual Property, that is, China’s obligations to protect IP. These include strengthening laws for IP protection such as patents and trademarks, and prohibiting forcing foreign companies to transfer technologies. If the technology is banned by the United States, China should not invest abroad to secure it. What matters is practice. Will China fulfill its promise?

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“Ah, the top Chinese leader ordered IP protection directly…”

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[EPA=연합뉴스] –

[EPA=연합뉴스]

– Wouldn’t it be possible to realize it? America’s thinking seems different. Diplomat saw that IP protection in China is difficult right now. This is because of China’s unique system and political structure. Introducing the Diplomat’s basis for judgment.

1. Lack of IP related experts

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[사진 셔터스톡]

– The intellectual property problem is complex. It cannot be judged simply as if cutting radish. You have to follow the terms in detail. To become a legal expert in the field of IP in the United States, you need a lot of knowledge and practical experience. There are not many experts like this in China. But the land is wider than the United States. There are only about 42,000 administrative districts at the Hyangjin level in China.

2. Local patent office, no independence

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[신화망 캡처]

– China’s Intellectual Property Office (CINPA), the Korean Intellectual Property Office, has regional offices. However, these offices are more aware of local governments than Beijing’s CINPA headquarters. The Diplomat analyzes that “there is an atmosphere that places importance on the leadership of the local government rather than the higher-level departments in China. Local patent offices also pay more attention to the intention of local government leaders.”

3. Local executive “protecting IP, not attractive.”

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[신화망 캡처] –

[신화망 캡처]

– Such a local government leader. In other words, the growth of a city or province or the party secretary is evaluated by the performance of government. It is an infinite competition system by region. It is important how well the central government and the Communist Party have achieved the policy goals that are important.

So, President Xi’s emphasis on IP protection, isn’t it important? Diplomat idea is different. There is not much reason for local leaders to jump into IP protection. Diplomat analyzes that “local leaders are obsessed with so-called’hard target’ goals that can be clearly measured and classified by numbers.” That way, you can clearly appeal to the central government.

Even if it is a target set by the party, the’soft target’, whose measurement is ambiguous, is not attractive. It is’much’ better to raise the economic growth rate than’unmarked performance’ such as IP protection. An official from the Shanghai Development and Reform Commission said, “If local businesses are damaged while strengthening IP protection, and the regional economic growth rate drops, what will happen?”

4. Strengthen IP according to US standards? China’s industrial crisis

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[AP=연합뉴스] –

[AP=연합뉴스]

– Maybe this is the biggest reason. China still depends on foreign countries for high-tech core technologies. That is why Huawei was staggered by US semiconductor sanctions. What if, according to the principles of the United States, Chinese companies are required to protect IP? The pace of technological development in China’s industry will slow significantly. This could threaten the Communist Party’s goal of being 70% self-sufficient in advanced technology in 2035. A Chinese government official in charge of patent-related affairs in Shanghai’s Pudong area said, “China is more than a technology. It is impossible to enforce US-level IP-related laws.”

That is why President Xi Jinping’s IP protection statement. You have to look at it with different thoughts.

Let’s look at another thing he said in his speech on the 1st.

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“Protection of intellectual property rights is tied to national security. The transfer of security-related intellectual property rights to the outside of the country should be controlled according to law.”

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[AP=연합뉴스] –

[AP=연합뉴스]

– It means that there is an emphasis on IP protection for’Chinese’ rather than’foreign’. Professor Wangfeng Renmin University told the Global Times, “This discussion on strengthening intellectual property rights is an extension of the Export Management Act that took effect on the 1st.” “The Export Management Act protects even intangible assets such as intellectual property rights. If TikTok is acquired overseas or becomes a joint venture, TikTok’s vast amount of algorithm data could be leaked.” The Export Control Act is a law that enables China’s exports of technology, raw materials and goods to be used as tools for economic retaliation. It is called the’rare earth law’ because it can restrict the import of rare earths from China to the United States.

This is Xi Jinping ahead of trade negotiations with Biden.

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[AP=연합뉴스] –

[AP=연합뉴스]

– It is China that almost lost TikTok to the United States due to Trump’s sanctions. This time, President Xi’s remarks are an attempt to prevent books from being caught in the United States and the international community by advocating IP protection. In addition, it is an act to solidify the legal and political grounds to avoid experiencing the’second TikTok incident’ due to the US attack in the future. How will the United States move against China, which tries to fight against the United States with IP protection as a cause and export control laws as a weapon?

Reporter Seungho Lee [email protected]



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