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Opinion | Donald Trump makes China out to be a terrible intellectual property thief. But is it?

  • In every year since China joined the WTO, its intellectual property payments have exceeded the average in countries of a comparable income level
  • As the pace of innovation in China increases, it will be in its own interest to strengthen intellectual property protections

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Illustration: Pearl Law
As 2020 approaches, US tariffs on Chinese goods have reached levels not seen since the US Smoot-Hawley Tariff Act of 1930, which played a key role in exacerbating the Great Depression. A key complaint of US President Donald Trump is China’s failure to respect intellectual property rights. Trump and his trade advisers regularly accuse China of stealing US inventions, designs, and other forms of intellectual property without compensation. Many in the media repeat these allegations as a matter of course.
It used to be that one could walk down the street in Vietnam, India or Mexico and easily find pirated foreign films and music on DVDs and CDs. Now that everything is digital, pirating has become less visible to tourists, even though it is probably no less rampant than before.

In any case, intellectual property protections are weaker in developing countries than in rich ones. The question, then, is whether China’s record on intellectual property is better or worse than what one would expect for its income level.

For systematic data on such questions, we examine countries’ outbound royalty and licence fee payments to foreign patent, copyright and other intellectual property holders, which are included in the balance-of-payments statistics compiled by the International Monetary Fund. This data reveals that a country’s income level and intellectual property payments are tightly linked, with a clear positive linear relationship (when both are measured in logarithm).

As the following graph shows, a 1 per cent increase in per capita income is associated with a 1.85 per cent increase in per capita intellectual property payments, on average. The implication is that as a country grows richer – and as its economy becomes more technologically sophisticated and capital-intensive – its intellectual property protection regime tends to strengthen. (Recall that the United States was accused of violating British intellectual property in the nineteenth century.)

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