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June 20, 2019

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Rubio’s proposal on Huawei patents is ridiculous

US Senator Marco Rubio proposed legislation on Monday to prevent Huawei from enforcing its patents in the US, after the Chinese company chased Verizon Communications Inc for over US$1 billion in patent license fees.

Under his proposal, Huawei would “not be allowed to seek relief under US law with respect to US patents, including bringing legal action over patent infringement.”

Rubio, a notorious anti-China Senator, was called by the Washington Post “one of the loudest Republican critics of President Trump’s policies on China.”

Although his remarks have been always full of arrogance, prejudice and deep hostility toward China, the fresh idea he put forward was absolutely “brilliant.” We are all for it and eager to witness it enter into force.

Just imagine. If Washington adopts Rubio’s bill and ignores China’s basic patent rights, why should China value US patents?

If the US casts away rudimentary credibility and respect, why should China strenuously follow the rules of the game?

If Rubio’s suggestion becomes law, the US may provide China with perfectly justifiable reasons to strike back.

China’s total intellectual property purchases in 2018 reached US$35.6 billion, of which US$8.64 billion were paid to the US. Thanks to Senator Rubio, China stands a chance of saving nearly US$9 billion every year. What a massive saving! But how ridiculous and pathetic it will be!

On June 13, just after Huawei raised its claim against Verizon, Rubio tweeted wrathfully that “Huawei has become a patent troll. This is an attempt by them to retaliate against the US by setting the stage for baseless, but costly, patent claims.”

Huawei’s 2018 annual report suggests that the company had obtained 87,805 authorized patents by the end of 2018, of which 44,434 were licensed by foreign countries. In particular, 11,152 core patents were granted in the US.

Attempting to rob

Rubio may not believe in China, but many of Huawei’s patents were acknowledged by his own country. If they are “baseless,” as he claimed, what are not?

The US has built an intellectual property system brick by brick, but it is now destroying it with double standards and self-importance. The country has been clamoring for the world’s attention for China’s so-called technology theft, but it is now attempting to rob. In a bid to crack down on a normal Chinese enterprise, it is trying to tear off its last fig leaf. The US is moving in the opposite direction to what it has often proclaimed. If Rubio’s proposal really takes effect, will there be any order in the world?

The US is losing its self-proclaimed righteousness about intellectual property. If anyone must be called a “patent troll,” Rubio and the US fully deserve the title.

There are two lines in Huawei’s annual report: Our technology patents are valuable to the global information society, including the US. Huawei pays attention to protecting its intellectual property rights and respecting those of others.

Senator Rubio and other US political elites like him should read the sentences carefully and ponder the meanings they convey.




 

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