When Sino-American Struggle Disrupts the Supply Chain: Licensing Intellectual Property in a Changing Trade Environment

2020 ◽  
pp. 1-20
Author(s):  
Mark A. Cohen ◽  
Philip C. Rogers

Abstract Through legislative changes, tariff wars, and executive actions, the Trump Administration has injected a new urgency into international technology and supply chain management, particularly between the United States and China. Analytically, the situation invites a perspective that links practical/on-the-ground responses by commercial actors in the politics of technological competition between superpowers, i.e. a discussion that bridges the gap between policy and process. This article therefore approaches management of supply chain disruption in terms of a key security issue motivating recent changes to the trade environment: the protection of intellectual property. After reviewing critical policy developments and trade statistics, we draw upon data on IP-intensive industries from global patent offices, trade classifications for products made by these IP-intensive industries, and concordance data on patent classifications to illustrate the centrality of IP to extended supply chains. With these key relationships in mind, we outline specific opportunities that intellectual property licensing provides for managing supply chain linkages between the United States and China in the current geopolitical environment. Viewing intellectual property as both a driver of and a solution to trade difficulties highlights the sorts of cross-jurisdictional nuances that can better inform policy and business decisions alike in the broader international trade regime.

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 389-394 ◽  
Author(s):  
Stephen Lande ◽  
Dennis Matanda

In an era in which multilateral trade arrangements have garnered more public notoriety than ever before, the suboptimal trade and investment relationship between America and Africa, as underpinned by the African Growth and Opportunity Act (AGOA), is one of the less controversial ones. AGOA could nevertheless use some adjustments or augmentations to facilitate deeper U.S.-Africa commercial relations. For instance, adjusting AGOA's origin rules could nudge the private sector on both sides of the Atlantic towards gains for U.S. and African employment and the reduction of trade deficits. Africa must leverage the period before AGOA expires to redefine its trade relationship with the United States in innovative ways. The United States should welcome these measures, since the type of value that Africa would add to the global supply chain would not replace the high-quality jobs that the Trump Administration would like to see in the United States. In fact, this type of production would make U.S. manufacturing more competitive.


2018 ◽  
Vol 112 (3) ◽  
pp. 505-510

Trade tensions between the United States and China have escalated under the Trump administration. Some of this tension has resulted from the steel and aluminum tariffs imposed by the United States on most of its trading partners in the spring of 2018. Another major source of conflict relates to President Trump's concerns with China's perceived unfair practices in relation to intellectual property and technology rights. The Trump administration has addressed these concerns both by pursuing unilateral responses and seeking relief through the World Trade Organization (WTO).


Subject Government intervention in foreign inward and outward investments and mergers. Significance The Trump administration is increasingly moving to control undesired foreign investments, as the March 12 presidential order blocking overseas-based Broadcom from merging with US-based Qualcomm showed. President Donald Trump was working on advice from the Committee on Foreign Investment in the United States (CFIUS). Since 1990, there have been only five cases where presidents have blocked mergers; two of these have been under Trump since his inauguration in January 2017. Impacts Foreign firms will face constraints on accessing US intellectual property and tech patents. Trump will impose new visa requirements for Chinese nationals working and studying in the United States. US vetoes of foreign investment and mergers could see other countries respond in the same way. The Broadcom-Qualcomm veto should help the US semiconductors industry maintain a global role in 5G technology. Foreign firms may sidestep the CFIUS by incorporating in the United States, as Broadcom hopes to do next month.


2019 ◽  
Vol 47 (5) ◽  
pp. 1-11
Author(s):  
Hanjing Huang ◽  
Pei-Luen Patrick Rau

Our aim was to investigate and compare the effects of cooperating with either a friend or a stranger in a business context on trust and trustworthiness in 2 different cultures. In China, guanxi is a special form of personal relationship in which the exchange partners bond through reciprocal obligations. We conducted cooperation experiments based on the supply chain task in which Chinese and U.S. participants cooperated with their friends and with strangers. The results indicated that both Chinese and U.S. participants had higher levels of trust and trustworthiness for their friends than for strangers. Moreover, Chinese participants made a stronger distinction between friends and strangers than did U.S. participants. In addition, Chinese participants had lower levels of trust and trustworthiness than did U.S. participants. The cooperation experiments enrich the theoretical field of investigating the effects of personal relationships on cooperative trust and trustworthiness, and provide practical value to the management of business cooperation in different cultures.


Author(s):  
Michael C. Dorf ◽  
Michael S. Chu

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.


2019 ◽  
Vol 113 (3) ◽  
pp. 601-609

The Trump administration formally recognized Juan Guaidó as the interim president of Venezuela on January 23, 2019, making the United States the first nation to officially accept the legitimacy of Guaidó’s government and reject incumbent President Nicolás Maduro's claim to the presidency. In a campaign designed to oust Maduro from power, the United States has encouraged foreign governments and intergovernmental organizations to recognize Guaidó and has imposed a series of targeted economic sanctions to weaken Maduro's regime. As of June 2019, however, Maduro remained in power within Venezuela.


2021 ◽  
Vol 33 (2) ◽  
pp. 382-411
Author(s):  
Chris Madsen

Henry Eccles, in classic studies on logistics, describes the dynamics of strategic procurement in the supply chain stretching from home countries to military theatres of operations. Naval authorities and industrialists concerned with Japanese aggression before and after Pearl Harbor looked towards developing shipbuilding capacity on North America’s Pacific Coast. The region turned into a volume producer of merchant vessels, warships and auxiliaries destined for service in the Pacific and Indian Oceans. Shipbuilding involved four broad categories of companies in the United States and Canada that enabled the tremendous production effort.


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