Barrett, The Honors College Thesis/Creative Project Collection

The surge of United States high-tech firms offshoring operations to China was driven by economic incentives of the early 1990s, low costs of labor, and ample access to an abundance of resources required in high-tech manufacturing. The dawn of the 21st century served as the advent of technological advancement and innovation in congruence with China’s rapid ascension as a prime high-tech manufacturing hub. However, increased allegations of foreign intellectual property (IP) infringement in outsourced research and development (R&D) and manufacturing on behalf of China’s state-owned enterprises (SOE) have evoked concern amongst international speculators, who allege China of weakened intellectual property enforcement and collusive tactics with state-owned enterprises in the cultivation of an anti-competitive marketplace. This thesis applies a trilateral approach to determine the optimal legal, supply chain management, and business strategies to safeguard the intellectual property of high-tech firms with outsourced operations in China.<br/><br/>Firstly, this thesis explores China’s rapid acceleration of manufacturing capabilities in tandem with nationalist initiatives, historical background, and subsequent influence cultural notions; aspirations in attaining global dominance as a high-tech innovator via nationalist programs and incentives. Succeeding is a comparative analysis of intellectual property between the United States and China, associations between intellectual property protection and economic development, and global intellectual property agreeance as set forth by the World Trade Organization (WTO). Following is a legal analysis of China, which assesses legislation, judicial structure, and litigation. Lastly, is an assessment of supply chain management in China, which assesses high-tech outsourcing practices, the vulnerability of intellectual property in research and development, instances of patent infringement, unfair licensing practices, and trade secret misappropriation.

The Russian invasion of Ukraine began in February 2022, and has caused a ripple effect of global supply disruptions. The United States, Canada, EU and other allies have responded to the Russian invasion of Ukraine by sanctioning imports from Russia in an attempt to isolate their economy. However, some countries that have not placed trade sanctions on Russia are taking advantage of the opportunity to import from Russia. By integrating import data from Panjiva into a geospatial mapping tool, ArcGIS, global trade patterns can be visualized to understand how global trade is impacted, the effectiveness of Western sanctions on Russia, and potential substitution effects on trade flows from one country to another. First, six key commodities and three countries were identified based on preliminary data analysis. After further analysis, it can be concluded that the Russian sanctions were not effective at isolating their economy for two reasons: certain commodities are critical to our modern lifestyles and some countries took advantage of Western trade sanctions on Russia and increased global trade. In an attempt to diversify their supply, many firms sourced from countries other than Russia, but oftentimes commodities are still sourced from Russia. Lack of supply chain visibility prevents business leaders from making the most efficient supply networks that are in alignment with government regulations.