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It wasn't ever going to be IP theft, corporate espionage or anything like that. The CCP has made it clear they have no will to enforce anything like that. Most
by jorblumesea 6y ago
It wasn't ever going to be IP theft, corporate espionage or anything like that. The CCP has made it clear they have no will to enforce anything like that. Most likely, most of Huawei's behavior is state sanctioned anyways. They have close but opaque connections to the government, and China has been known to support domestic industries with government actions.
Pretty much the only way they were ever going to be punished is if they did something like this.
- yorwba 6y ago> The CCP has made it clear they have no will to enforce anything like that. Could you point me to an official statement to that effect? Patent infringement lawsuits in China definitely paint a different picture: foreign companies are more likely to win and awarded higher damages than Chinese companies: https://patentlyo.com/patent/2018/02/things-infringement-litigation.html https://patentlyo.com/patent/2018/02/things-infringement-lit...
- EricE 6y ago"Could you point me to an official statement to that effect?" LMAO - are you for real? That article still doesn't exactly paint a rosey picture - and that's if you can believe the numbers they release. If they are willing to lie substantially about something as serious as a virus do you seriously think they are going to be 100% transparent about something that could wreak their economy?
- yorwba 6y agoThose are not "numbers they release". They are statistics collected by a researcher who read court proceedings of 1663 patent infringement cases decided in China in 2014. (EDIT: Originally said "all" cases and "between 2014 and 2018". As virtue3 points out below, that was incorrect). It's not something that can be manipulated by just changing a number in a spreadsheet.
- virtue3 6y agoSee Chao Ma, Xiaohong Yu & Haibo He, Data Analysis: Report on the Publication of Chinese Judicial Decisions on the Internet, China Law Review 12(4), 2016: 208. (Table 10 lists the ratios of the number of judicial documents of each province publicly available on CJO to the number of cases adjudicated in each province, ranging from 15.17% to 78.14%.) So cherry-picked cases that range from 15-78% of the data set. 1.6k patent cases over multiple years seems -extremely- low to me. The USA has roughly 3-4x that per year. https://law.stanford.edu/wp-content/uploads/2016/07/Revised-Stanford-August-4-2016-Class-Presentation.pdf https://law.stanford.edu/wp-content/uploads/2016/07/Revised-...
- yorwba 6y ago> So cherry-picked cases that range from 15-78% of the data set. That's a fair point, although what kind of case would be a "cherry" is not clear to me. Both a foreign company winning (implying that patent infringement happened) and losing (possibly feeding suspicion that the judicial system is biased against foreigners) could end up making China look bad. > 1.6k patent cases over multiple years seems -extremely- low to me. My mistake. When I checked the blog post by the author of the paper for a date range, I thought it was since 2014 (and until publication in 2018), but actually those cases were all in 2014. (See page 10 of the paper.)
- jialutu 6y agoDoesn't the US have a huge problem with IP trolls? It's really hard to get an accurate figure when the US can just issue IPs like it's no one's business and can to go to court to dispute these equally as easily. At least here in Europe, it's a lot more difficult to file for patents, I've not found any conclusive numbers, but if you can extrapolate from these numbers here I would say that the US is the outlyer rather than the norm https://www.simmons-simmons.com/en/publications/ck0d2ofe9u6dh0b8588o5p7om/080218-how-much-patent-litigation-is-there-in-europe-other-countries https://www.simmons-simmons.com/en/publications/ck0d2ofe9u6d...
- ganoushoreilly 6y agoAnd the Chinese court system isn't rule by Law.. it's easily manipulated by outside influence and personal opinions. I wouldn't trust any conviction results from their court systems.
- thre42343 6y ago> They have close but opaque connections to the government, You could say this of the US too; SV is almost blatant about this.
- redis_mlc 6y agoIt's actually the opposite: SV lobbies the US govt, but China dictates what their companies do.