Magazine Summer 2014 Research Feature

Protecting Intellectual Property in China

Multinational corporations can’t afford to stay away from China. But to remain competitive they must develop mechanisms that allow them to minimize the risk of losing critical know-how.

Andreas Schotter and Mary Teagarden Reading Time: 20 min 

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Image courtesy of Flickr user Ming Xia

One way that Lenovo Group, which makes personal computers and other devices such as smartphones and tablets, protects its intellectual property is by conducting all of its R&D activities in China in its own proprietary facilities.

Image courtesy of Flickr user Ming Xia

Intellectual property (IP) protection is the No. 1 challenge for multinational corporations operating in China. According to the U.S. government, China accounted for nearly 80% of all IP thefts from U.S.-headquartered organizations in 2013,1 amounting to an estimated $300 billion in lost business. Among European manufacturers, the loss of IP in China reduced potential profits by 20%.2 Although multinational corporations can’t afford to stay away from China, in order to remain competitive they must develop mechanisms that enable them to shift some of their innovation capabilities to China safely, without losing critical know-how.3

The effects from IP leakage in China are ubiquitous. They are visible in counterfeited items including toys, luxury goods, automotive and aircraft parts, pharmaceuticals and other complex high-tech products.4 But IP violations go beyond products. They extend to pirated operational processes and the replication of entire business and service models. For many multinational corporations, IP leakage frequently becomes a barrier to Chinese sites becoming fully integrated partners in global innovation activities.

IP leakage often occurs through staff transfers or shared practices from foreign multinational corporations to local joint ventures or supply chain partners.5 For individual multinationals, this type of IP leakage is often a calculated risk worth taking in exchange for greater access to local markets through a partner’s channels or better quality parts from local suppliers. However, unintended IP leakage can affect a company’s reputation and profitability; in the worst case, it can create powerful local or even global competitors.6

Most of the executives we interviewed said that managing IP leakage is the most critical day-to-day activity when doing business in China. A senior executive from a Fortune 100 company commented:

When I moved to China from the U.S.A., I never imagined that I would have to include IP protection management in almost all of our business processes. I think about the issue actively every day.

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About the Authors

Andreas Schotter is an assistant professor of global strategy at the Ivey Business School at Western University in London, Ontario. Mary Teagarden is a professor of global strategy at the Thunderbird School of Global Management in Glendale, Arizona.

References (19)

1. J. Parker, “Indigenous Innovation Remains Key Feature of New Development Policies,” The U.S. China Business Council, Nov. 12, 2013, www.uschina.org.

2. Ihrcke, J. Ihrcke and K. Becker, “Study on the Future Opportunities and Challenges of EU-China Trade and Investment Relations,” EU-China Trade and Investment Relations - Study 1 of 12: Machinery, www.development-solutions.eu, accessed January 15, 2014.

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Comment (1)
Rabindranath Bhattacharya
Dr. Rabindranath Bhattacharya, India

I congratulate the author for writing an article on a topic which is so relevant, There is a saying that behind every challenge there is an opportunity and it is so true! I agree with the author that we cannot ignore China but doing business there with IP risks dangling like a sword on your head requires tremendous amount of courage, foresightedness and patience. Probably HR Management of a company will have a tough time to design totally new methodology and incentives exclusively for  operations in China to help protect IP.  For example, learning of Chinese language by foreign staffs is a must to mix with the local people and read their minds.
I would also like to know from the authors whether it is possible to build up an index for IP protection zone wise in China and extend the same to country wise subsequently.