Filtering by
- Creators: Dean, W.P. Carey School of Business
- Creators: Industrial, Systems
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.
Focusing on how to improve institutions there needs to be consideration of the fact that institutions have rent seeking behaviors because both local governments and foreign investors want to acquire a greater share of the production and the benefits. In attempt to find some solution of how countries can overcome the Resource Curse without having to totally reconstruct the political system the goal should be to be to focus on actions from the private sector. The private sector tends to magnify rent seeking behavior and to solidify any solution I performed interviews from industry leaders who have been working in economic development for the past decades. The purpose was to understand what companies are doing now to ensure sustainable development and how that has changed over the past decades.
In the end, the private industry is focusing on regulations that standardize polices for companies pursuing foreign direct investment requiring them to also focus on local economic growth and development. This requires foreign investors to understand the local culture, environment, and institutions leading to overall better choices for long term profitably, thus fulfilling their rent seeking tendencies. One of the biggest proven solutions is the Social License to Operate which is essentially an agreement created by the private investor that requires the local community to be informed and holds the investor accountable. In the end, if the private sector can positively impact a community whilst maintaining their own agenda then a country can overcome the Resource Curse.