Call out allies, not just adversaries, for hurting American workers

The federal government just released its Special 301 report, which calls out foreign countries that deprive American companies of billions in revenue — and prevent the creation of countless U.S. jobs — by failing to protect their intellectual property rights.

This year’s report listed the usual suspects: China, India and others. But developed democracies — including European Union members, Mexico, Canada and the United Kingdom — have also explored or enacted policies that undermine U.S. property rights.

As former directors of the U.S. Patent and Trademark Office, we believe it is time to call out the increasingly blatant efforts to undermine intellectual property by our allies — not just our adversaries — and urgently work with these trading partners to reform their ways. 

This year’s report is a clear step in the right direction, but far more work remains. Consider how the European Union recently changed legislation to shorten the period that new drugs can remain on the market without competition from copycats, limiting American biotech firms’ ability to earn back the money they spent developing new treatments.

The EU also hasn’t completely abandoned its proposal to allow European bureaucrats to unilaterally set licensing rates for transformative technology behind global wireless communications infrastructure, including 5G, Wi-Fi and other standardized technologies.

By attempting to unilaterally set global licensing rates for these “standard essential patents,” rather than letting private companies negotiate fair rates amongst themselves, the EU would effectively dictate the terms of global trade and undercut American firms.

The government was right to recognize the EU’s increasingly hostile approach to American companies’ intellectual property rights by placing it on........

© The Hill