Trends and cases on IT and fair competition rules


  • Share

Aside from enforcement efforts that deal with illegal IT as an unfair competitive advantage, there exist other debates around the regulation of IT and intellectual property rights (IPR), including movements in the US to urge the government to further reinforce legislation.

Focusing on IPR protection

A group of concerned US business, academics and industry stakeholders have joined together to help stop unfair competition that results from theft of intellectual property (IP) and IT and founded the National Alliance for Jobs and Innovation (NAJI). NAJI is a non-partisan organization whose mission is to increase awareness of the problem of stolen IP and its negative impact on jobs, innovation and economic growth.

The National Association of Manufacturers (NAM) is another organization which has been a supporter of the US Government approach to international IPR protection. NAM has been committed to working with the US Government to develop ideas and ways to enhance intellectual property protection both in the United States and abroad. NAM believes in order to retain the manufacturing base of the United States, it is critical to protect the intellectual assets in regards to innovators, including patents, trademarks and trade secrets.

According to the study by Business Software Alliance, every year, firms around the world steal billions of dollars worth of IP. In particular, the theft of IT, which is critical to manufacturing, is estimated to cost more than $63 billion a year in commercial software value alone.

Urging exporters to comply with unfair competition laws and regulations

Organization outside of the United states are also asking their exporters to comply with the unfair competition laws and regulations, and advise them that failure to do so could result in losing access to the US market.

The American Chamber of Commerce in India (AmCham India) warned many Indian companies to comply with these laws; and that failure to do so could have a significant negative impact on their business and the companies’ bottom line. The Automotive Component Manufacturers Association of India (ACMA) announced similar messages to its members.

In Thailand, the International Agency for Intellectual Property and Trade urged major automotive companies to ensure that their supply chain adheres to Thailand’s laws with respect to software licensing and usage.

The Open Computing Alliance (OCA), an organization of information and communications technologies companies, recently held a workshop for business leaders in the automotive sector to warn them the charges of unfair competition in the US if they use illegal software.

China’s Chamber of Commerce for Import & export of Machinery & Electronic Products (CCCME) has long been an organization promoting growth of international trade and fair competition, playing the role of educating its over 3,000 membership companies the importance of compliance to unfair competition laws and regulations in international trade.

In 2012, IP authorities in China handled over 9,000 IP cases, growing by 199% year on year, of which 2,510 cases were on patent, increasing by 70% year on year.