China will circumvent protective measures---empirics proves.
Brendan Dooley 24. Director of Oral History Criminology Project, Graduate of the University of Missouri-St. Louis. “Navigating Intellectual Property Issues Across Borders.” Sage. 1-9-2024. https://sk.sagepub.com/cases/skpromo/b5jbR8/navigating-intellectual-property-issues-across-borders //
One of the fruits of bringing the Chinese economy more completely into international trade relations is that membership requires commitments to formal agreements of one kind or another. Should any nation violate those contracts, there are due-process mechanisms that allow for the case to be arbitrated. The World Trade Organization (WTO) carries one such provision related to IP, the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement. The United States alleges that China has routinely violated the specifics of that binding arrangement. In 2018, the United States brought suit at the WTO, alleging that Chinese joint-venture agreements routinely permitting use of American technology after the expiration of the contract represented a violation of WTO trade law. Shortly thereafter, the European Union filed a parallel inquiry expressing a similar grievance.
The response was swift, occurring prior to the case being heard. In March 2019, China peremptorily outlawed the compulsory transfer of technology requirements, which were the targets of the U.S. WTO case (Zuijdwijk, 2019). That law went into effect on January 1, 2020, but does not represent the end of the story, as the persistence of claims of IP abuse continue to attest. The Chinese government quickly declared a workaround that brought allegations of malfeasance under the purview of its court system. Here Chinese authorities exercise a decided advantage when evaluating claims brought by foreign parties. For example:
Since 2020, China has issued at least four major global anti-suit injunctions (ASIs) in patent litigation, which prevent foreign plaintiffs from pursuing legal IP actions anywhere else in the world [Cohen, 2022].