Be Careful What You Wish For: Taiwan Using US Pressured Patent Laws Against US Companies

from the funny-how-that-works dept

We already pointed out how, after years of pressure from the US, China was beginning to “respect” intellectual property laws, but was conveniently doing so in ways that harmed US companies, ruling in favor of Chinese company patents, and claiming US (and European) firms infringed. It appears that Taiwan is doing something similar. Jack Thompson points us to the news that, after being pressured heavily by the USTR to change its patent laws to get off the infamous “Special 301 Priority Watch List,” Taiwan now appears to be using those new laws to hit back at American companies. In fact, Taiwan was pressured heavily by (there they are again!) the US Chamber of Commerce to set up a special “IP Court,” with experts focused on intellectual property law. The Chamber of Commerce claimed this would “speed” trials along and promise “more consistent and professional” rulings. What it probably didn’t count on was that most of those consistent and professional rulings would go against US companies. It’s really stunning how the Chamber of Commerce can be so short-sighted. Its lobbying pressure hands foreign governments perfectly “legal” protectionist tools that they can use against the US companies the CoC is supposedly paid to represent. If I were a Chamber of Commerce member, I’d want my money back.

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Comments on “Be Careful What You Wish For: Taiwan Using US Pressured Patent Laws Against US Companies”

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37 Comments
Anonymous Coward says:

Fact 1: China implemented patent systems.
Fact 2: First thing they did was attack foreign companies with patent disputes.
Fact 3: Taiwan implemented patent systems.
Fact 4: First thing they did was attack foreign companies with patent disputes.

Conclusion 1: We need more protectionism!
Conclusion 2: Let’s force patents on another country so they can shoot us in the face with our own system!!
Conclusion 3: Patents promote technological progress!!!

Not an Electronic Rodent says:

Huh?

Taiwan was pressured heavily by (there they are again!) the US Chamber of Commerce to set up a special “IP Court,” with experts focused on intellectual property law.

Hang on a mo. Isn’t that a really rather blatant “Do as we say not as we do” moment? I don’t recall the US having a “special IP court”. On the other hand I do seem to recall US courts having a massive backlog of cases in general and a penchant for seemingly random decisions that contradict each other when it comes to IP. Wouldn’t it make more sense to sort out your own back yard before you start trying to dictate to others?

[troll] Or are we assuming the “special IP court” in the US is the industry “experts” who just get to decide what’s “best” without recourse to regular courts?[/troll]

Not an Electronic Rodent says:

Re: Re: Huh?

The reason we don’t have one [yet] is because CofC will come back to our Congress critters and point out to them all the wonderful things other countries are doing to protect IP, and we wouldn’t want our own US creators to get any *less* protection, would we?

So you’re saying the technique is bully those you can to do what you want then use their compliance to guilt and/or blackmail the others? I guess that sounds fairly likely…..

Anonymous Coward says:

Re: Re:

I’m sorry that bed is protected by our patent, and by you having an American made copy of our patented bed you have caused us 22 Gajillion dollars worth of losses!

Now we could take you to court and clean you out or you can pay us this small fee of 1 Billion and we promise to not prosecute you, unless we find out you copied someone elses intellectual property, then your on the hook for the full 22 Gajillion again.

Patent trolling combined with speculative invoicing.
Its win win!

Anonymous Coward says:

Re: Jack Thompson?

Where is the logic here?

They do not think at that level. To them, patents = good thus more patents = more good. If they really thought it through, they would end up being against patents – so the only ones left being for patents are the ones which do not think it through.

Anonymous Coward says:

It is simple math really.

U.S. = 350 million people
Rest of the world = 6.75 Billion people.

350 million people will not be able to file as many patents as the rest of the world, is just that simple, you think exports are bad in the U.S. just wait a couple of decades to see what it will happen, Asians are more competent, have more drive and willingness and will file 10 times more patents than their U.S. counterparts and they will start asking to be paid for it.

American innovation was trashed by Japanese innovation, that is being trashed by Chinese and Korean innovation.

Also the idiots are moving to a system that you don’t really need to prove that crap works or is obvious, so people will file everything they can.

The hard part is implementing ideas not having them.

Paul Benjamin says:

Is it still the US Chamber

There was all those reports that Chinese companies gave the US Chamber of Commerce millions of dollars to buy TV time to influence the last US election. So the question is would the US Chamber mind if the US companies are hurt? Has their loyalty been replaced with their new funding source?

Not an Electronic Rodent says:

Re: Re: Re: As predicted

Methods for production of large metallic blades for use in warfare, sports and witty metaphors.

I’m sorry I’m going to have to sue you for that one. You’re infringing on:
Patent xxx-5713-wth:
Dagger: A metallic weapon pointed with 1 or 2 cutting edges used in warfare and sharp metaphors.
Also the derivative:
Patent xxx-5714-wth:
Dirk: A long dagger with a straight blade designed specifically to be used in warfare with a scottish accent.

Anonymous Coward says:

It is a bit surprising that the general tenor of the post suggests that the national law of foreign countries may be used against US businesses in those countries in matters pertaining to laws such as patent law, and that such US businesses might be surprised at the application of such laws to their in-country activities.

This is hardly “news” to US businesses, which have been dealing with just these issues for decades, and are none the worse for the wear.

velox says:

Re: Re:

“… the general tenor of the post suggests that the national law of foreign countries may be used against US businesses in those countries in matters pertaining to laws such as patent law, and that such US businesses might be surprised at the application of such laws to their in-country activities.

This is hardly “news” to US businesses, which have been dealing with just these issues for decades, and are none the worse for the wear.”

Yes, but it is likely that those companies who have been dealing with this issues for decades were not the same companies which had been the driving force behind the CoC’s efforts. This latter group, if I am not mistaken, is from the entertainment sector, whereas the companies who have experienced this problem (and likely will continue to deal with its consequences) are companies who either import or manufacture durable goods, in particular, the high-tech industry.

Mike Masnick (profile) says:

Re: Re:

It is a bit surprising that the general tenor of the post suggests that the national law of foreign countries may be used against US businesses in those countries in matters pertaining to laws such as patent law, and that such US businesses might be surprised at the application of such laws to their in-country activities.

You didn’t even read the post, did you?

william (profile) says:

I pointed this out like, 2 years ago and it’s all slowly coming true. I just have a few opinions with the whole thing

1. The IEEE article seems quite fixated on win rate. Apparently the win rate is a concern. But it shouldn’t be. Are we assuming that all claims are valid? Such that if you lose your case, win rate is down and that signifies a problem? The article also suggest that the new IP court is putting out more professional and consistent ruling. This tells me that the number of false claims are increasing and that’s why the win rate is dropping.

2. Why are the Americans crying because they are not winning? This just tells everyone that US are not interested in fairness or IP protection. They are just interested in winning their own cases. What they really want, is a puppet IP court that rules all their cases as valid. Now that an actual court is set up which the US has no power over and (i am assuming) ruling more professional and fairly, they cry foul. Geez, the world is not as perfect as you would like to believe eh?

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