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Allegations of intellectual property theft by China

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China is regularly accused by the United States and several other nations of state-organized economic espionage and theft of intellectual property, in violation of international trade agreements.[vague] The espionage and theft are not be limited to business, but also include academia[1] and government.[2][3] The Ministry of State Security (MSS), united front groups, and their affiliates have been reported as frequent perpetrators of such theft.[4][5]

The Chinese government has repeatedly denied the allegations, stating that Western companies willingly transfer technology to get access to China's market. China, however, also state they are taking steps to address the concerns.[6] In 2019, China banned forced technology transfers[7] via the Foreign Investment Law.[8]: 108 

Overview

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According to Derek Scissors of the American Enterprise Institute, Chinese firms have been able to spend more on production, undercutting the prices of global competitors, by leapfrogging the often costly research and development phase through intellectual property theft.[9] According to James Lewis, senior vice president and director of the Center for Strategic and International Studies’ Technology Policy Program, "Chinese policy is to extract technologies from Western companies; use subsidies and non-tariff barriers to competition to build national champions; and then create a protected domestic market for these champions to give them an advantage as they compete globally."[10] After acquiring intellectual property, Chinese government subsidies and regulations help Chinese companies secure market shares in the global markets at the expense of the U.S.[9]

Japanese and European rail businesses have, for example, stated that Chinese rail companies used technology from shared ventures to become big in high-speed rail.[11] Another example is in wind power, where Spanish wind power producer Gamesa was required to manufacture parts using Chinese domestic producers; within years, the same manufacturers produced parts for domestic producers who soon eclipsed Gamesa through favorable loans and support.[6] Besides recruiting foreign employees to share trade secrets, another method involves cyber espionage and hacking.[10] One of the methods involves massive, broad hacks, such as 2021 Microsoft Exchange Server data breach, before sifting through the acquired data in search of valuable information. According to Microsoft, the large-scale hack was probably sponsored by the Chinese government.[12]

According to William Schneider Jr., "China has institutionalized a system that combines legal and illegal means of technology acquisition from abroad".[3] The issue is not limited to the United States, but is also reported in Europe,[13] and according to William Evanina, director of the National Counterintelligence and Security Center, China directs similar efforts towards other NATO members.[10] According to CNN, some U.S. officials and analysts have pointed to China's Made in China 2025 plan as "a rubric for the types of companies whose data Chinese hackers have targeted".[14]

In 2015, Chinese President Xi Jinping and U.S. President Barack Obama had agreed neither government would "conduct or knowingly support cyber-enabled theft of intellectual property".[14] This led to an 18-month decrease in Chinese hacking, ending with the increased trade conflicts under the Trump administration.[15]

According to Adam Meyers, working for the cyber-security firm CrowdStrike, China's campaign of global cyber-espionage has increasingly targeted big repositories of data, like internet or telecom service providers, making it "more difficult to really pinpoint that they were doing economic espionage".[14] Co-founder of CrowdStrike, Dmitri Alperovitch, stated in 2018 that China appeared to have ramped up its intellectual property espionage, after a decrease during the end of the Obama administration. According to Alperovitch, there has been an increase in hacks by China's Ministry of State Security, which he considers more skilled than the People's Liberation Army, which previously stood for most of the hacking.[16] This shift from the PLA to the Ministry of State Security, as well as an increase in sophistication, has also been noted by U.S. intelligence officials.[15]

A congressional estimate in the U.S. placed the cost of Chinese intellectual property theft at 225–600 billion dollars yearly.[13] According to a CNBC survey, 1 in 5 corporations say China has stolen intellectual property within the previous year, while 1 in 3 said it had happened some times during the previous century.[17] In 2020, FBI director Christopher Wray claimed Chinese economic espionage amounted to one of the largest transfers of wealth in human history.[13] According to CBS, Chinese state-actor APT 41 has conducted a cyber operation spanning years, stealing intellectual property worth trillions of dollars from about 30 multinational companies.[18]

Hacking allegations

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Further information: Cyberwarfare by China

According to the New York Times, China's hacking campaigns first came to prominence in 2010, with attacks on Google and RSA Security, then later with a 2013 hack on the New York Times itself.[15]

A 2018 report by the Australian Strategic Policy Institute, looking at incidents from Germany, Australia and the United States, including the Rio Tinto hack, stated that China was likely to be in breach of its bilateral cyber espionage agreements.[19] According to professor Greg Austin, from UNSW Canberra Cyber, the more concerning problem is not intellectual property espionage, which he believes is also practiced by the United States, but Chinese laws pressuring foreign corporations in China to hand over intellectual property. "That's a practice that Australia needs to pay more attention to, not the almost unstoppable practice of Chinese government theft of commercial secrets through espionage".[19]

In 2022, the security firm Cybereason announced it had discovered Chinese government-linked hackers targeting sensitive data from over thirty technology and manufacturing firms in Asia, Europe and the United States since 2019.[18] The Chinese embassy in Washington denied the allegations.[14] The attacks were linked to the Winnti group, and is alleged by Cybereason to have seized hundreds of gigabytes of "sensitive documents, blueprints, diagrams, formulas, and manufacturing-related proprietary data".[20]

Responses

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Chinese enforcement efforts and litigation

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The number of IP cases prosecuted criminally in Chinese courts has been on a significant upward trend from 2005 to 2015,[21] suggesting tougher enforcement of IP laws.[7]

According to academic Scott M. Moore, foreign firms have been increasingly successful in litigating patent infringement suits in China, winning approximately 70% of the time in the period 2006 to 2011, and rising to approximately 80% in the late 2010s.[7]

A joint China-United States customs action in 2017 uncovered 1600 instances of intellectual property theft in goods exported to the United States. China's customs office issued a statement saying it would "actively promote increased cooperation with customs administrations of all countries and regions to jointly fight and comprehensively manage" intellectual property rights.[22]

In 2019, China adopted new Foreign Investment Law banning forced technology transfers.[7]

According to Bloomberg Law, foreign-related cases accounted for 10% of the total caseload of China's Intellectual Property Court of the Supreme People's Court in 2020, 2021, and 2022, with an annual increase of 45.6%.[23] About 57.4% of these cases involved patent infringement disputes.[23]

Despite making efforts in intellectual property protection in China, a major obstacle in prosecution is corruption in courts; local protectionism and political influence prohibits effective enforcement of intellectual property laws.[24] To help overcome local corruption, China established specialized IP courts and sharply increased financial penalties.[7]

U.S. enforcement efforts and litigation

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Intellectual property theft was one of the reasons behind the China–United States trade war.[25][13][26]

In 2018 Micron Technology, a U.S. memory chip maker, accused Chinese competitor Fujian Jinhua and Taiwanese manufacturer UMC of stealing chip designs.[27] The U.S. Department of Justice (DOJ) announced an indictment against Fujian Jinhua and UMC.[28] In October 2020, UMC pleaded guilty and agreed to pay a fine in exchange for cooperating with the DOJ.[29] In February 2024, US District Judge Maxine M. Chesney in San Francisco acquitted Fujian Jinhua of the charge in a non-jury verdict, judging that the prosecutor failed to provide sufficient evidence.[30][31][32]

In 2019, University of California, Santa Barbara sued Walmart, Amazon, IKEA, Bed Bath & Beyond and Target for selling Chinese-made light-bulbs using illegally acquired patented U.S. technology.[33]

In 2020, Huawei was indicted on charges of a decade-long operation to steal U.S. trade secrets, with the U.S. Justice Department stating Huawei has a "long-running practice of using fraud and deception to misappropriate sophisticated technology from US counterparts".[34]

After the Equifax breach, U.S. Attorney General William Barr stated "Unfortunately, the Equifax hack fits a disturbing and unacceptable pattern of state-sponsored computer intrusions and thefts by China and its citizens that have targeted personally identifiable information, trade secrets, and other confidential information".[10] Deputy director of the FBI, Paul Abbate, alleged in 2022 that China runs "a massive, sophisticated cyber theft program", and that it "conducts more cyber intrusions than all other nations in the world combined."[14]

The FBI had more than 1,000 cases of intellectual property theft involving individuals associated with the People's Republic of China open in 2020.[10] According to Christopher Wray, the FBI opens a new Chinese counterintelligence investigation every 12 hours.[18] According to the U.S. Department of Justice, 80 percent of its economic espionage cases involve the People's Republic of China.[35]

Rest of the world

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In 2015 and in the immediate aftermath of a Sino-American agreement, China reached a similar diplomatic agreement with the UK to stop IP "cybertheft" in a "lengthy joint statement".[36][37] The legal enforceability of the agreement, which amounted to a statement of intent, has been disputed, in addition to its prospective effectiveness. F-Secure security adviser, Tom Gaffney, suggested that the UK-China deal would "just like its US counterpart" not lead to any meaningful change in approach by Beijing because "the government has too much invested in its cyber-attack capability".

See also

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References

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  1. ^ Kolata, Gina (4 November 2019). "Vast Dragnet Targets Theft of Biomedical Secrets for China". The New York Times. Archived from the original on 4 November 2019. Retrieved 26 May 2022.
  2. ^ Tsang, Steve; Cheung, Olivia (2024-08-07). "Xi Jinping's Approach to Acquire Strategic Technology from the West". East Asia. doi:10.1007/s12140-024-09431-1. ISSN 1096-6838.
  3. ^ a b Magnusson, Stew (22 November 2019). "Expert Details What China Does After Stealing IP". National Defense. National Defense Industrial Association. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  4. ^ Perlroth, Nicole (2021-07-19). "How China Transformed Into a Prime Cyber Threat to the U.S." The New York Times. ISSN 0362-4331. Archived from the original on 2023-05-13. Retrieved 2023-05-13.
  5. ^ Joske, Alex; Stoff, Jeffrey (2020-08-03), Hannas, William C.; Tatlow, Didi Kirsten (eds.), "The United Front and Technology Transfer", China’s Quest for Foreign Technology (1 ed.), Milton Park, Abingdon, Oxon ; New York, NY: Routledge, 2021. |: Routledge, pp. 258–274, doi:10.4324/9781003035084-20, ISBN 978-1-003-03508-4, S2CID 225395399{{citation}}: CS1 maint: location (link)
  6. ^ a b Bradsher, Keith (15 January 2020). "How China Obtains American Trade Secrets". The New York Times. Archived from the original on 25 May 2022. Retrieved 26 May 2022.
  7. ^ a b c d e Moore, Scott (2022). China's Next Act: How Sustainability and Technology are Reshaping China's Rise and the World's Future. Oxford University Press. pp. 169–170. doi:10.1093/oso/9780197603994.001.0001. ISBN 978-0-19-760401-4. OCLC 1316703008.
  8. ^ Jin, Keyu (2023). The New China Playbook: Beyond Socialism and Capitalism. New York: Viking. ISBN 978-1-9848-7828-1.
  9. ^ a b Scissors, Derek (16 July 2021). "The Rising Risk of China's Intellectual-property Theft". American Enterprise Institute. Archived from the original on 17 June 2022. Retrieved 26 May 2022.
  10. ^ a b c d e Gates, Megan (1 July 2020). "An Unfair Advantage: Confronting Organized Intellectual Property Theft". asisonline. Archived from the original on 5 April 2022. Retrieved 26 May 2022.
  11. ^ Tejada, Carlos (22 March 2018). "Beg, Borrow or Steal: How Trump Says China Takes Technology". The New York Times. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  12. ^ Conger, Kate; Frenkel, Sheera (6 March 2021). "Thousands of Microsoft Customers May Have Been Victims of Hack Tied to China". The New York Times. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  13. ^ a b c d "America is struggling to counter China's intellectual property theft". Financial Times. 18 April 2022. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  14. ^ a b c d e Lyngaas, Sean (4 May 2022). "Chinese hackers cast wide net for trade secrets in US, Europe and Asia, researchers say". CNN. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  15. ^ a b c Perlroth, Nicole (19 July 2021). "How China Transformed Into a Prime Cyber Threat to the U.S." The New York Times. Archived from the original on 25 May 2022. Retrieved 26 May 2022.
  16. ^ Dilanian, Ken (9 October 2018). "China's hackers are stealing secrets from U.S. firms again, experts say". NBC News. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  17. ^ Rosenbaum, Eric (1 March 2019). "1 in 5 corporations say China has stolen their IP within the last year: CNBC CFO survey". CNBC. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  18. ^ a b c Sganga, Nicole (4 May 2022). "Chinese hackers took trillions in intellectual property from about 30 multinational companies". CBS News. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  19. ^ a b Oriti, Thomas (24 September 2018). "China is still stealing intellectual property — but that's not the biggest problem". ABC News. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  20. ^ Klovig Skelton, Sebastian (4 May 2022). "Intellectual property theft operation attributed to Winnti group". Computer Weekly. Archived from the original on 25 May 2022. Retrieved 26 May 2022.
  21. ^ Bao, Yingyu (2018). "Statistics and Characteristics Analysis of China's Intellectual Property Crimes". MATEC Web of Conferences. 228: 05013. doi:10.1051/matecconf/201822805013. ISSN 2261-236X. Archived from the original on 2022-11-05. Retrieved 2022-07-26.
  22. ^ Letts, Stephen (2018-03-10). "Intellectual property theft, not metal, is the real trade war in US sights and it's a much bigger worry". ABC News. Archived from the original on 2023-04-05. Retrieved 2022-07-26.
  23. ^ a b "Multinationals Need to Watch Patent Litigation in China Courts". Bloomberg Law. Archived from the original on 2024-09-07. Retrieved 2024-06-17.
  24. ^ Rechtschaffen, Daniel (11 November 2020). "How China's Legal System Enables Intellectual Property Theft". The Diplomat. Archived from the original on 27 June 2022. Retrieved 26 May 2022.
  25. ^ Letts, Stephen (10 March 2018). "Intellectual property theft, not metal, is the real trade war in US sights and it's a much bigger worry". ABC News. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  26. ^ Huang, Yukon (16 October 2019). "China's Record on Intellectual Property Rights Is Getting Better and Better". Foreign Policy. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  27. ^ Lawder, David (2018-10-30). "U.S. restricts exports to Chinese semiconductor firm Fujian Jinhua". Reuters. Archived from the original on 2020-11-07. Retrieved 2020-10-31.
  28. ^ "China chipmaker Fujian Jinhua pleads not guilty to US theft charges". Reuters. 2019-01-10. Archived from the original on 2020-11-07. Retrieved 2020-10-31.
  29. ^ "Taiwan's UMC to aid US pursuit of Chinese firm in Micron trade-secrets case". South China Morning Post. 2020-10-29. Archived from the original on 2020-10-30. Retrieved 2020-10-31.
  30. ^ "Chinese firm Fujian Jinhua cleared of US allegations that it stole trade secrets". Reuters. 2024-02-29.
  31. ^ "Chinese chip maker cleared of spying charges in US criminal trade secrets case". South China Morning Post. 2024-02-28. Archived from the original on 2024-02-28. Retrieved 2024-02-29.
  32. ^ "U.S. Defeat in Micron Trade-Secrets Case Reveals Struggle Countering Beijing". The Wall Street Journal. 3 March 2024. Archived from the original on 2024-03-04. Retrieved 2024-03-05.
  33. ^ Debter, Lauren (31 July 2019). "Walmart, Amazon And Target Sued Over Unauthorized Sales Of Popular Vintage Light Bulbs". Forbes. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  34. ^ "Huawei hit with fresh charges of sabotage and intellectual property theft from US tech firms". France 24. 13 February 2020. Archived from the original on 26 May 2022. Retrieved 26 May 2022.
  35. ^ Nakashima, Ellen (February 23, 2022). "Justice Department shutters China Initiative, launches broader strategy to counter nation-state threats". The Washington Post. Retrieved September 10, 2024.
  36. ^ https://www.infosecurity-magazine.com/news/uk-and-china-shake-hands-on-cyber/
  37. ^ https://www.gov.uk/government/news/uk-china-joint-statement-2015
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