Tim Brightbill Discusses Novel Approach for Addressing IP Trade Issue with China

August 3, 2017

Timothy C. Brightbill, a partner in Wiley Rein’s International Trade Practice, was quoted in a Law360 story about a novel approach the Trump Administration may take to address China’s alleged defiance of U.S. technology companies’ intellectual property rights.

Law360 reported that the Administration is considering reviving a largely dormant statute – Section 301 of the Trade Act of 1974, which provides the Office of the U.S. Trade Representative (USTR) with broad latitude to impose trade sanctions on countries that hinder U.S. business interests.

Beijing’s rules require foreign companies to share sensitive technology with Chinese entities as a condition of operating in China. The Administration is eyeing the use of Section 301 to take a tougher stand with respect to these forced technology transfers, which have long been a sticking point for the U.S. business community, according to the article.

“This shows that USTR is going to take an aggressive approach and that Section 301 is one of the primary tools to make that happen,” Mr. Brightbill told Law360. “The United States has to find a way to address these Chinese acts and practices … whose aim is to take U.S. intellectual property and know-how and industrial knowledge.”