Abstract:
USTR’s Section 301 Report on China in 2018 and the subsequent trade war have a rather broad background than mere intellectual property issues, but the latter is truly the key. The change of attitude of the U.S.A. and the western world to China is due to the change of phases of China’s development and increase of China’s power, to which China itself is also being adapted. Except the defects of the report, such as lack of evidence, the fact that China did not disobey any law or any bilateral or multilateral rule or promise, and the fact that the unilateral measures taken by the U.S.A. do not conform to WTO rules, to some extent the issues raised by the report tally with the requirements of China’s reform. For the persistent development of China, the legal system of IP and science & technology shall be further perfected, the reform of the comprehensive administration of IP shall be pushed forward, thus to shape China as a responsible power innovating and protecting IP well.The direction and emphasis of science & technology laws and policies shall be adjusted to change the idea and the innovation environment from being “chasing type” to an “innovating type”, thus to provide a friendly business environment favorable to edge innovation; and in a broader sense, the roles of state owned capital and industrial policies shall be reconsidered cautiously, avoiding distorting the innovation market. Of course, in terms of diplomacy and the overall interests of China, those policies of the U.S.A. disfavoring China shall be peeled off, undoubtedly.