Category Archives: Technology

The man who wants to buy TikTok and buck Big Tech — and why he thinks Utah is leading the way

On Friday morning, the Trump administration extended the deadline for China-based ByteDance to sell TikTok. For another 75 days, the video-sharing app will remain as is for its 170 million United States users — unless the extension is challenged.President Donald Trump announced the extension on social media, reasoning that more time is needed to make a deal between Bytedance and an American buyer. “My Administration has been working very hard on a Deal to SAVE TIKTOK, and we have made tremendous progress,” he said. “We do not want TikTok to ‘go dark.’ We look forward to working with TikTok and China to close the Deal.”This is the second time Trump has postponed the app’s sale or ban in the U.S. Last year, Congress signed a law that said ByteDance has to sell TikTok, or the app would be shut down. The Supreme Court upheld the law in December, making Trump’s executive orders to keep TikTok running legally questionable.Several American investors and businesses have put forward bids to buy the app, including the billionaire former Dodgers owner Frank McCourt, founder of the nonprofit Project Liberty.In a sit-down interview on Friday with Deseret News, McCourt and Tomicah Tillemann, Project Liberty’s president, said despite the news, they continue to believe their bid is the only one that will comply with the law.McCourt was in Salt Lake City to attend the signing of several bills that aim to protect children online, including one that gives users the right to own, control and manage their data, ensuring that they can permanently delete their own information. This right, which McCourt called a “human right,” is the focus of Project Liberty, a nonprofit that aims to create a new information superhighway that is “healthier” and “safer” for its users.McCourt thinks his bid is bestThe bipartisan effort to pry TikTok from ByteDance stemmed from national security concerns over the app potentially sharing user-collected data with the Chinese government.McCourt has put together a bid to buy TikTok through Project Liberty, which they’re calling the “People’s Bid.” Under their ownership, TikTok would give users more freedom to choose what content they see and what they do with their personal data.McCourt said Project Liberty’s mission is to empower its users rather than exploit them. Founded in 2019, the initiative aims to challenge the power currently held by Big Tech.“This isn’t a tech issue; this is actually a human rights issue,” McCourt told the Deseret News. “This is an issue about choice. This is an issue about autonomy.”The internet should be a place for users to “create and innovate and have a chance to build things of value, as opposed to the world that exists now, which is that there are a few companies that own it all — and worse, they own us,” he said.Frank McCourt, founder of Project Liberty, right, and Tomicah Tillemann, president of Project Liberty, pose for a portrait at the Deseret News’ office at the Triad Center in Salt Lake City on Friday, April 4, 2025. | Isaac Hale, Deseret News In the U.S., adults use TikTok more than any other social media app, averaging a little over 53 minutes daily, and more than half of users are between the ages of 18 and 34. The platform made $10 billion in revenue in just the U.S. last year.Tillemann related the world’s acceptance of algorithmic instant gratification addiction to the 20th-century obsession with cigarettes.Back then, “Everyone had gotten accustomed to that reality, even though it was really, really bad for people, but within a relatively short period of time, that changed, and you saw greater awareness,” he said, adding that the change was prompted by growing public awareness, policymaking and regulation.Tomicah Tillemann, president of Project Liberty, talks with a reporter at the Deseret News’ office at the Triad Center in Salt Lake City on Friday, April 4, 2025. | Isaac Hale, Deseret News “People were able to move beyond addictions and decide they wanted a much better, healthier ecosystem in which they were going to raise their kids and live a life,” he said. “And I think there are some interesting analogs there to the dynamics that we see about social media.”McCourt believes the cultural shift on attitudes about social media has already begun, but like cigarettes, the current status quo will eventually become a full-fledged “taboo.” Apps like TikTok that are “surveilling us and grabbing our attention are going to be viewed not just as unlawful through public policy but culturally unacceptable,” he said.Utah law is protecting user’s ‘digital DNA’Before McCourt and Tillemann sat down with the Deseret News, they spent Friday morning at the state Capitol attending Gov. Spencer Cox’s ceremonial signing of online safety bills, which Project Liberty aided Utah lawmakers in creating.Utah Gov. Spencer Cox shakes hands with Rep. Doug Fiefia, R-Herriman, after signing a ceremonial copy of HB418, the Digital Choice Act, which Fiefia sponsored, during a press conference to address online safety, student focus and digital choice held in the gold room of the Capitol in Salt Lake City on Friday, April 4, 2025. | Isaac Hale, Deseret News McCourt celebrated Utah as the first state to hold big tech accountable through legislative action, including the Digital Choice Act, which will allow Utah app users the right to own, control and manage what he calls our “Digital DNA.”Both McCourt and Tillemann emphasized that all eyes are on Utah to see how tech companies will react to the new laws: comply or litigate.“In the last few weeks, since this law passed the Senate, we’ve had conversations not only with lawmakers all over the United States, but with policymakers all over the world,” Tillemann said.“They are very, very focused on what’s happened in Utah. They recognize that this is a big deal, and they are looking for models that will help them solve a challenge that’s facing every open society on the planet.”

From Floppy Discs To Cloud Computing: Microsoft Marks 50 Years Of Tech Revolution

50th Anniversary Microsoft: Cloud computing is fueling Microsoft’s revenue. Microsoft Corporation, the American multinational technology company based in Redmond, Washington, is celebrating its 50th anniversary today. Founded in 1975, the company has been a key player in the digital age, shaping the technology landscape over the past five decades. As it reaches this milestone, Microsoft…

Washington state braces for economic ripple as Trump tariffs hit key trading partners

SEATTLE — Two out of every five jobs are tied to trade and trade-related industries in Washington state, and the reciprocal tariffs announced this week by President Donald Trump are expected to have far-reaching implications.The Northwest Seaport Alliance (NWSA), which works with the Port of Seattle and the Port of Tacoma, is a leading gateway for international commerce into the United States. The Alliance handled $70 billion of waterborne trade with 180 trading partners globally in 2022. Cargo operations coming in by ship support more than 58,000 jobs and generate about $12.4 billion in economic activity for the state.RELATED | Shoppers weigh impact of Trump’s tariffs on grocery imports, prices, and shortagesCargo growth has been strong so far this year, and volumes have increased more than 25%, exceeding the five-year average for imports and exports. Shippers have been fast-tracking orders in an attempt to avoid tariffs, leading to a 34.7% increase in international imports.Exports increased 4.5% and were 5.7% higher than the five-year average. A big help in this lift is the strong demand for Washington state agricultural goods, and total container volume for the month reached 264,869 twenty-foot equivalent units (TEUs), a 25% increase compared to January 2024.President Trump has issued a 10% tariff on all countries as well as additional tariffs on nearly 60 countries. The baseline tariff takes effect on Saturday and additional reciprocal tariffs will go into effect on Wednesday. A 25% tariff on all imported automobiles is already underway, as are previously announced tariffs on Mexico and Canada.Trump’s reciprocal tariffs set to take effect April 9 include:China – 34%EU – 20%Vietnam – 46%Taiwan – 32%Thailand –36%Indonesia – 32%Switzerland – 31%India – 26%South Korea – 25%Japan – 24%Malaysia – 24%Israel – 17%Cambodia – 49%The top trading partners shipping products through NWSA facilities are hit hard by this list. By volume, China sends the most goods through these ports, followed by Japan, Vietnam, South Korea, Taiwan, Thailand, Indonesia, Malaysia, India, and the Philippines.China responded by announcing a 34% percent tariff on American imports, matching the one imposed by Trump.By some estimates, Trump’s tariffs will cost American importers nearly $800 billion. The top imports, in descending order, are: furniture, machinery, motor vehicle parts, apparel, plastic articles, toys and games, footwear, iron or steel products, and textiles.The top exports through NWSA include, in descending order: hay and forage, frozen potato products, dried distillers grain, scrap paper, paper and paperboard, wood pulp, foodstuffs, soybeans, dairy products, animal feed, apples, logs, scrap metal, fish, chemicals, and fresh potatoes.There is a growing concern that tariffs will hurt critical sectors of the state economy, such as agriculture, manufacturing, and technology, and those costs will be passed on to consumers. Data provided by Sen. Maria Cantwell, D-Washington, shows that a 25% tariff on all Canadian and Mexican goods would add an estimated $144 billion a year to the cost of manufacturing in the United States. Those tariffs could also raise car prices by as much as $15,000, according to Cantwell.Information provided by the White House claims that tariffs are an effective tool for achieving economic and strategic objectives. Tariffs can strengthen the U.S. economy and lead to the reshoring of industries like manufacturing and steel production.The White House also cited a 2023 report by the U.S. International Trade Commission, which found that tariffs reduced imports from China and stimulated more U.S. production of the affected goods, with “very minor effects” on downstream prices.

BlueWind Technology sees opportunity in tariffs despite immediate cost challenges

PENSACOLA, Fla. — A sweeping round of tariffs by the Trump administration on Tuesday is having a major impact on the windmill industry.BlueWind Technology in Pensacola opened in 2020. The company has since manufactured more than 3,000 highly-advanced covers for windmills.The company says they’re seeing an immediate rise in the cost of materials. Despite the company’s concerns, they are very optimistic about the tariffs’ impact on the U.S. economy.”President Trump campaigned on these tariffs,” said BlueWind Technology founder Henry Kelly. “I said to the fellow shareholders we need to understand now what may occur.”Kelly says he’s not surprised to see unprecedented tariffs unleashed against foreign nations. The company produces a key part of wind turbines, using imported materials from 12 countries around the world.WEAR News was told their imported raw materials have seen an immediate 10% increase since Tuesday.”We purchase resin and chemicals from Thailand, Denmark, India, Brazil, Colombia,” said Kelly. Trump pledged to make American manufacturing a key focus in his second term. Kelly says the fear is how long it will take before the plan bears fruit, saying he would prefer to buy American materials but not enough companies produce the products.”My concern with the tariffs is how quickly can other American countries ramp up production as opposed to paying tariffs on international supplies,” said Kelly. BlueWind Technology produced enough units to power 3,000,000 homes in the last five years, increasing their staff in that time by 200 employees with roughly 700% growth.Kelly says the United States is in dire need of more energy production from wind to coal to hydrogen and other sources. But it can’t afford to cut off its foreign trade partners until the infrastructure comes.”We started against the common wisdom five years ago to have a manufacturing company in the U.S,” said Kelly. “Now we’re getting calls from companies in Israel, eastern Europe, Brazil to want to partner to manufacture here as a way to avoid the tariffs.””For an existing manufacturer, this part of the story is good news,” he said. “As I said, the challenge is where our raw materials come from but I’m hoping other companies and investors bring this technology to the U.S. that we can buy in the U.S.”WEAR: “And if what you’re saying actually goes that way, that’s the hope.”Kelly: “That’s the hope.”WEAR: “Except, it could take a few years?”Kelly: “Right.””This requires advanced manufacturing and advanced engineering,” Kelly said. “Those sorts of things take time, not only for manufacturing but for workforce, skills and for training. So that’s why it will take time because these things aren’t easy to manufacture.”Amid the ongoing tariffs and uncertainty in the global economy, Kelly’s also a licensed customs broker, consulting with many international companies for imports. He says recent discussions he’s had around the globe point the tariffs ultimately working in the U.S. favor.”Now, my phone is ringing off the hook with people saying, ‘I want to open a manufacturing operation in the U.S. How do I start that,'” Kelly said. “We’re seeing an already immediate reaction and much higher interest on how do we begin manufacturing in the U.S.?”WEAR: “As an expert in this field, you would stay that’s a step in the right direction?”Kelly: “Absolutely, it’s a step in the right direction. I do agree with the assessment. We’ll have some short-term pain. But I believe the intent is correct.”A recent study by the Haas Center found wind manufacturing in Florida has created roughly 2,500 jobs and generates a billion-dollar economic impact.

Globalization Didn’t Fail America — Washington Did: by Professor C. Justin Robinson

Few topics ignite more partisan heat than globalization. For decades, Leaders in the United States (U.S.)have blamed it for shuttered factories, lost jobs, and stagnant wages. From Ross Perot’s “giant sucking sound” in the 1990s to Donald Trump’s “America First” tariffs, the political narrative has been straightforward: globalization hurt the United States. But like most convenient stories, this one is only half true.Yes, globalization disrupted American manufacturing. It forced painful adjustments in factory towns and exposed weaknesses in social safety nets. However, it also provided America with cheaper goods, sparked innovation, and helped the U.S. maintain its global economic leadership. The uncomfortable truth is this: globalization was not the problem. The failure to manage it was.

Zelensky says Kremlin envoy’s trip to Washington this week is part of Moscow’s push to unfreeze Russian assets

In a press briefing on Friday, Volodymyr Zelensky said Ukrainian intelligence believes that Kremlin investment envoy Kirill Dmitriev’s main reason for traveling to Washington this week was to lobby the Trump administration to assist with unfreezing Russian assets. Zelensky said that Dmitriev has visited other countries, as well, and allegedly offered Russian purchases of “various goods, including high-tech products,” in exchange for releasing the assets. “Thank God, the money is frozen in Europe [….] and Europe has no intention of giving it back to the Russians,” added Ukraine’s president. Zelensky told reporters that continued European sanctions are vital for keeping pressure on the Russian economy. He expressed confidence that the U.S. “won’t lift sanctions — on the contrary, they’ll take steps to tighten them.”In February 2022, Western officials froze more than €260 billion in assets tied to sanctioned Russian state entities, namely Russia’s Central Bank. Most of the accounts — worth about €190 billion — are held at the Belgian depository Euroclear. Only a small portion, around €5 billion, is held in the United States. Western countries have repeatedly discussed the possibility of confiscating these assets but have been wary of setting a precedent that could affect the euro’s stability. So far, officials have merely confiscated the profits from the frozen assets and used them to support Ukraine. Part of this money has already been transferred to the government in Kyiv.The inconvenient truth about Europe’s frozen Russian assets

United States Trade Representative 2025 National Trade Estimate Report on Foreign Trade Barriers – China Needs to Increase Damages and Criminal Penalties for IP Infringement

On March 31, 2025, the United States Trade Representative (USTR) released their 2025 National Trade Estimate Report on Foreign Trade Barriers, with the longest section being dedicated to China at 47 pages.  With respect to intellectual property, the USTR acknowledged that China has issued some final measures relating to implementation of the IP chapter of the Phase One Agreement, including the Patent Law, the Copyright Law and the Criminal Law.  However, the USTR listed outstanding areas including “the protection of trade secrets and confidential business information from unauthorized disclosures by government personnel and third-party experts; criminal enforcement of trade secrets theft; enforcement procedures to combat online infringement, including an effective notice and takedown system; the protection and enforcement of trademark rights, particularly against bad faith trademark registrations; increases in the minimum and maximum levels of statutory damages and criminal penalties for IP infringement; patent term extensions for unreasonable marketing approval delays; and geographical indications. “For ease of reference, the China IP-related sections are reproduced below. The full Report is available here.
Technology Transfer
For years, longstanding and serious U.S. concerns regarding forced or pressured technology transfer remained unresolved, despite repeated, high-level bilateral commitments by China to remove or no longer pursue problematic policies and practices. In August 2017, the Office of the United States Trade Representative (USTR) sought to address these concerns by initiating an investigation under Section 301 focused on policies and practices of the Government of China related to technology transfer, IP, and innovation. Specifically, in its initiation notice, USTR identified four categories of reported Chinese Government conduct that would be the subject of its inquiry: (1) the use of a variety of tools to require or pressure the transfer of technologies and IP to Chinese companies; (2) depriving U.S. companies of the ability to set market-based terms in technology licensing negotiations with Chinese companies; (3) intervention in markets by directing or unfairly facilitating the acquisition of U.S. companies and assets by Chinese companies to obtain cutting-edge technologies and IP; and (4) conducting or supporting cyber enabled theft and unauthorized intrusions into U.S. commercial computer networks for commercial gains.
In March 2018, USTR issued a report supporting findings that the four categories of acts, policies, and practices covered in the investigation are unreasonable or discriminatory and burden and/or restrict U.S. commerce. In November 2018, USTR issued an updated report that found that China had not taken any steps to change its problematic policies and practices. Based on the findings in USTR’s Section 301 investigation, the United States took a range of responsive actions, including the pursuit of a successful WTO dispute challenging certain discriminatory technology licensing measures maintained by China in addition to the imposition of substantial additional tariffs on Chinese imports.
The Phase One Agreement, signed in January 2020, addresses certain aspects of the unfair trade practices of China that were identified in USTR’s Section 301 report. In the agreement, among other things, China committed to end its longstanding practice of forcing or pressuring foreign companies to transfer their technology to Chinese companies as a condition for obtaining market access, securing administrative approvals, or receiving advantages from the Chinese Government. China also committed to provide transparency, fairness, and due process in administrative proceedings and to ensure that technology transfer and licensing take place on market terms that are voluntary and reflect mutual agreement. Separately, China committed to refrain from directing or supporting outbound investments aimed at acquiring foreign technology pursuant to its distortive industrial plans.
Since the entry into force of the Phase One Agreement in February 2020, the United States has continually engaged with the U.S. business community, which has expressed concern about China’s actions, including those that are informal and unwritten, that force or pressure U.S. companies to transfer their technology to Chinese entities, including as a condition for obtaining market access. The United States has engaged China as issues arise and will continue to monitor developments closely.
In May 2022, USTR commenced the statutorily mandated four-year review of the tariffs that had been imposed on Chinese imports as a result of the Section 301 investigation into China’s unfair acts, policies, and practices related to technology transfer, IP, and innovation. As part of this review, USTR examined the effectiveness of the tariff actions in achieving the objectives of the original investigation, other actions that could be taken and the effects of those actions on the United States economy, including consumers. In May 2024, USTR issued a report that found that while the Section 301 tariff actions have been effective in certain respects, China’s unfair acts, policies, and practices had continued and, in some cases, had worsened. Pursuant to the President’s direction, USTR also proposed, and sought comments on, modifications to the existing Section 301 tariffs. In September 2024, in accordance with the President’s direction and after reviewing the public comments, USTR announced the final modifications to the actions, which maintained the current tariffs while increasing tariffs on Chinese products in targeted strategic sectors. In December 2024, USTR announced further modifications, which increased some of the tariffs.
Technical Barriers to Trade
Standards
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Over the years, U.S. stakeholders have also reported that, in some cases, Chinese Government officials have pressured foreign companies seeking to participate in China’s domestic standards-setting processes to license their technology or IP on unfavorable terms. In addition, China has continued to pursue unique national standards in a number of high technology areas. The United States continues to press China to address these specific concerns, but this bilateral engagement has yielded minimal progress.
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INTELLECTUAL PROPERTY PROTECTION
Overview
After its accession to the WTO, China undertook a wide-ranging revision of its framework of laws and regulations aimed at protecting the IP rights of domestic and foreign right holders, as required by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Despite various plans and directives issued by the State Council, inadequacies in China’s IP protection and enforcement regime continue to present serious barriers to U.S. exports and investment. As a result, as in the previous year, China was again placed on the Priority Watch List in USTR’s 2024 Special 301 Report. In addition, in January 2025, USTR announced the results of its 2024 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List), which identifies online and physical markets that exemplify key challenges in the global struggle against piracy and counterfeiting and explains the harm not only to U.S. businesses, but also to U.S. workers. Several markets in China were among those named as notorious markets, as China continues to be the number one source of pirated and counterfeit products in the world.
The Phase One Agreement addresses numerous longstanding U.S. concerns relating to China’s inadequate IP protection and enforcement. Specifically, the agreement requires China to revise its legal and regulatory regimes in a number of ways in the areas of trade secrets, pharmaceutical-related IP, patents, trademarks, and geographical indications. In addition, the agreement requires China to make numerous changes to its judicial procedures and to establish deterrent-level penalties. China must also take a number of steps to strengthen enforcement against pirated and counterfeit goods, including in the online environment, at physical markets and at the border.
China has published a number of draft measures for comment and issued some final measures relating to implementation of the IP chapter of the Phase One Agreement. Notably, China amended the Patent Law, the Copyright Law and the Criminal Law. At the same time, U.S. right holders have expressed serious concerns about some final measures that lack details and leave too much discretion with the enforcement authorities, which creates uncertainties and can lead to inconsistencies in the scope of coverage and the availability and nature of relief. In addition, China has outstanding work to finalize the draft measures that it has published and to publish other draft measures in accordance with the Intellectual Property Action Plan that it released in April 2020. Outstanding areas to be addressed include areas such as: the protection of trade secrets and confidential business information from unauthorized disclosures by government personnel and third-party experts; criminal enforcement of trade secrets theft; enforcement procedures to combat online infringement, including an effective notice and takedown system; the protection and enforcement of trademark rights, particularly against bad faith trademark registrations; increases in the minimum and maximum levels of statutory damages and criminal penalties for IP infringement; patent term extensions for unreasonable marketing approval delays; and geographical indications.
Meanwhile, in connection with the Phase One Agreement, China has reported increased enforcement actions against counterfeit medicines and increased customs actions against pirated and counterfeit goods. However, China has yet to demonstrate that it has taken the following actions: (1) published data online regarding enforcement actions against counterfeit goods with health and safety risks, enforcement actions at physical markets, and enforcement actions at the border; (2) increased enforcement actions against counterfeits with health and safety risks and at physical markets; (3) increased training of customs personnel; or (4) ensured the use of only licensed software in government agencies and state-owned enterprises.
Going forward, the United States will continue to monitor China’s implementation of the IP chapter of the Phase One Agreement. The United States will also assess the impact of the final measures that have been issued by China and the enforcement actions that China takes.
Trade Secrets
Serious inadequacies in the protection and enforcement of trade secrets in China have been the subject of high-profile engagement between the United States and China in recent years. Several instances of trade secret theft for the benefit of Chinese companies have occurred both within China and outside of China. Offenders in many cases continue to operate with impunity. Particularly troubling are reports that actors affiliated with the Chinese Government and the Chinese military have infiltrated the computer systems of U.S. companies, stealing terabytes of data, including the companies’ proprietary information and IP, for the purpose of providing commercial advantages to Chinese enterprises.
In high-level bilateral dialogues with the United States over the years, China has committed to issue judicial guidance to strengthen its trade secrets regime. China has also committed not to condone state-sponsored misappropriation of trade secrets for commercial use. In addition, the United States has urged China to make certain key amendments to its trade secrets-related laws and regulations, particularly with regard to a draft revision of the Anti-Unfair Competition Law. The United States has also urged China to take actions to address inadequacies across the range of state-sponsored actors and to promote public awareness of trade secrets disciplines.
At the November 2016 U.S.-China Joint Commission on Commerce and Trade (JCCT) meeting, China claimed that it was strengthening its trade secrets regime and bolstering several areas of importance, including the availability of evidence preservation orders and damages based on market value as well as the issuance of a judicial interpretation on preliminary injunctions and other matters. China amended the Anti-Unfair Competition Law, effective January 2018 and April 2019, as well as the Administrative Licensing Law, effective April 2019, and the Foreign Investment Law, effective January 2020. Nevertheless, the amendments still do not fully address critical shortcomings in the scope of protections and obstacles to enforcement. In 2022, China published additional draft amendments to the Anti-Unfair Competition Law, but they contain few changes to the law’s trade secrets provisions.
The Phase One Agreement significantly strengthens protections for trade secrets and enforcement against trade secret theft in China. In particular, the chapter on IP requires China to expand the scope of civil liability for misappropriation beyond entities directly involved in the manufacture or sale of goods and services, to cover acts such as electronic intrusions as prohibited acts of trade secret theft and to shift the burden of proof in civil cases to the defendants when there is a reasonable indication of trade secret theft. It also requires China to make it easier for right holders to obtain preliminary injunctions to prevent the use of stolen trade secrets, to allow for initiation of criminal investigations without the need to show actual losses, to ensure that criminal enforcement is available for willful trade secret misappropriation, and to prohibit government personnel and third party experts and advisors from engaging in the unauthorized disclosure of undisclosed information, trade secrets, and confidential business information submitted to the government.
In 2020, China published various measures relating to civil, criminal, and administrative enforcement of trade secrets. In September 2020, the Supreme People’s Court issued the Provisions on Several Issues Concerning the Application of Law in Civil Cases of Trade Secret Infringement and the Interpretation III on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights. In September 2020, the Supreme People’s Procuratorate and the Ministry of Public Security also issued the Decision on Amendment of Docketing for Prosecution of Criminal Trade Secrets Infringement Cases Standards. These measures relate to issues such as the scope of liability for trade secret misappropriation, prohibited acts of trade secret theft, preliminary injunctions, and thresholds for initiations of criminal investigations for trade secret theft. In December 2020, the National People’s Congress passed amendments to the Criminal Law that included changes to the thresholds for criminal investigation and prosecution and the scope of criminal acts of trade secret theft. The Criminal Law amendments require revisions to certain previously issued judicial interpretations and prosecution standards. However, three years after the passage of the Criminal Law amendments, these other measures remain unchanged, and implementation of the Criminal Law amendments therefore remains incomplete. Indeed, China has only published a draft judicial interpretation. The United States will continue to monitor the effectiveness of all of these measures.
Bad Faith Trademark Registration
The continuing registration of trademarks in bad faith in China remains a significant concern. For example, “trademark squatters” attempt to take advantage when a genuine trademark owner has not yet registered its trademark in China by registering that trademark and then trying to sell it to the genuine trademark owner. Bad faith trademark registration also occurs when trademarks intending to deceive or confuse consumers are registered.
At the November 2016 JCCT meeting, China publicly noted the harm that can be caused by bad faith trademarks and asserted that it was taking further steps to combat bad faith trademark filings. Amendments to the Trademark Law made in 2019 and subsequent implementing measures, including the State Administration for Market Regulation (SAMR) Provisions on Standardizing Applications for Registrations of Trademarks issued in 2019 and the Trademark Examination and Review Guidelines updated in 2021 by the China National Intellectual Property Administration (CNIPA), require the disallowance of bad faith trademark applications. In January 2023, China proposed further amendments to the Trademark Law regarding bad faith trademarks.
However, implementation in this area by China suggests that right holders remain insufficiently protected, as bad faith trademarks remain widespread and problems persist with the large number of inconsistent decisions, low rate of success for oppositions, lack of transparency in opposition proceedings, and unavailability of default judgments against applicants who fail to appear in proceedings. Onerous documentation requirements are also an ongoing concern for right holders. China acceded to the Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention), effective November 2023. The United States will monitor China’s implementation of the obligations under the Apostille Convention and whether it addresses right holders’ concerns regarding foreign government document legalization requirements. 
As a result of these deficiencies, U.S. companies across industry sectors continue to face Chinese applicants registering their marks and “holding them for ransom” or seeking to establish a business building off of U.S. companies’ global reputations. The Phase One Agreement requires China to ensure adequate and effective protection and enforcement of trademark rights, particularly against bad faith trademark registrations. The United States will continue to closely monitor developments in this area of long-standing concern.
Online Infringement
Online piracy continues on a large scale in China, affecting a wide range of industries, including those involved in distributing legitimate music, motion pictures, books and journals, software, and video games. While increased enforcement activities have helped stem the flow of online sales of some pirated offerings, much more sustained action and attention is needed to make a meaningful difference for content creators and right holders, particularly small and medium-sized enterprises. In response to the COVID-19 pandemic, reports indicate that many infringers have moved online to distribute their pirated and counterfeit goods, which further increases the need for targeted and sustained enforcement measures in the online environment.
The United States has urged China to consider ways to create a broader policy environment to help foster the growth of healthy markets for licensed and legitimate content. The United States has also urged China to revise existing rules that have proven to be counterproductive.
At the November 2016 JCCT meeting, China agreed to actively promote electronic commerce-related legislation, strengthen supervision over online infringement and counterfeiting, and work with the United States to explore the use of new approaches to enhance online enforcement capacity. In December 2016 and November 2017, China published drafts of a new E-Commerce Law for public comment. In written comments, the United States stressed that the final version of this law should not undermine the existing notice-and-takedown system and should promote effective cooperation in deterring online infringement. In August 2018, China adopted its new E-Commerce Law, which entered into force in January 2019. This law was an opportunity for China to institute strong provisions on IP protection and enforcement for its electronic commerce market, which is now the largest in the world. However, as finalized, the law instead introduced provisions that weaken the ability of right holders to protect their rights online and that reduce the liability of China-based electronic commerce platforms for selling counterfeit and other infringing goods.
The Phase One Agreement requires China to provide enforcement procedures that permit effective and expeditious action against infringement in the online environment, including by requiring expeditious takedowns and by ensuring the validity of takedown notices and counter-notifications. It also requires China to take effective action against electronic commerce platforms that fail to take necessary measures against infringement.
In May 2020, the National People’s Congress issued the Civil Code, which included updated notice-and takedown provisions. In September 2020, the Supreme People’s Court issued Guiding Opinions on Hearing Intellectual Property Disputes Involving E-Commerce Platforms and the Official Reply on the Application of Law in Network-Related Intellectual Property Infringement Disputes. These measures relate to issues such as expeditious takedowns and the validity of notices and counter-notifications, but have only recently taken effect. In November 2020, the National People’s Congress adopted long-pending amendments to the Copyright Law, including provisions relating to increasing civil remedies for copyright infringement, new rights of public performance and broadcasting for producers of sound recordings, and protections against the circumvention of technological protection measures. Right holders have welcomed these developments but have noted the need for effective implementation as well as new measures to address online piracy. The United States will closely monitor the impact of these measures going forward.
In August 2021, SAMR issued draft amendments to the E-Commerce Law for public comment. These draft amendments further attempt to address concerns that have been raised about procedures and penalties under China’s notice-and-takedown system.
Counterfeit Goods
Counterfeiting in China remains widespread and affects a wide range of goods. In April 2019, China amended its Trademark Law, effective November 2019, to require civil courts to order the destruction of counterfeit goods, but these amendments still do not provide the full scope of civil remedies for right holders. One of many areas of particular U.S. concern involves medications. Despite years of sustained engagement by the United States, China has failed to adequately improve its regulation of the manufacture of active pharmaceutical ingredients to prevent their use in counterfeit and substandard medications. At the July 2014 meeting of the United States-China Strategic and Economic Dialogue (S&ED), China committed to develop and seriously consider amendments to the Drug Administration Law that will require regulatory control of the manufacturers of bulk chemicals that can be used as active pharmaceutical ingredients. At the June 2015 S&ED meeting, China further committed to publish revisions to the Drug Administration Law in draft form for public comment and to consider the views of the United States and other relevant stakeholders. In October 2017, China published limited draft revisions to the Drug Administration Law and stated that future proposed revisions to the remainder of this law would be forthcoming. Although the final Drug Administration Law, issued in August 2019, requires pharmaceuticals products and active pharmaceutical ingredients to meet manufacturing standards, it remains unclear how these requirements will be implemented or enforced.
The Phase One Agreement requires China to take effective enforcement action against counterfeit pharmaceuticals and related products, including active pharmaceutical ingredients, and to significantly increase actions to stop the manufacture and distribution of counterfeits with significant health or safety risks. The agreement also requires China to provide that its judicial authorities shall order the forfeiture and destruction of pirated and counterfeit goods, along with the materials and implements predominantly used in their manufacture. In addition, the agreement requires China to significantly increase the number of enforcement actions at physical markets in China and against goods that are exported or in transit. It further requires China to ensure, through third party audits, that government agencies and state-owned enterprises only use licensed software.
In August 2020, SAMR issued the Opinions on Strengthening the Destruction of Infringing and Counterfeit Goods, and the State Council amended the Provisions on the Transfer of Suspected Criminal Cases by Administrative Organs for Law Enforcement, which relate to the transfer of IP cases from administrative authorities to criminal authorities. China has reported increased enforcement actions against counterfeit medicines and increased customs actions against pirated and counterfeit goods, but has yet to demonstrate that it has increased enforcement actions against counterfeits with health and safety risks and at physical markets, increased training of customs personnel, transferred more cases for criminal prosecution, and ensured the use of only licensed software in government agencies and state-owned enterprises.
Indigenous Innovation
Policies aimed at promoting China’s “indigenous innovation” continue to represent an important component of China’s industrialization efforts. Through intensive, high-level bilateral engagement with China since 2009, the United States has attempted to address these policies, which provide various preferences when IP is owned or developed in China, both broadly across sectors of China’s economy and specifically in the government procurement context. For example, at the May 2012 S&ED meeting, China committed to treat IP owned or developed in other countries the same as IP owned or developed in China.
The United States also used the JCCT process in 2012 and subsequent discussions to press China to revise or eliminate specific measures that appeared to be inconsistent with this commitment. At the December 2014 JCCT meeting, China clarified and underscored that it will treat IP owned or developed in other countries in the same manner as domestically owned or developed IP. However, these commitments have not been fulfilled. China continues to pursue myriad policies that require or favor the ownership or development of IP in China. The United States secured a series of similar commitments from China in the government procurement context, where China agreed to de-link indigenous innovation policies at all levels of the Chinese Government from government procurement preferences, including through the issuance of a State Council measure mandating that provincial and local governments eliminate any remaining linkages by December 2011. Many years later, however, this promise had not been fulfilled. At the November 2016 JCCT meeting, in response to U.S. concerns regarding the continued issuance of scores of inconsistent measures, China announced that its State Council had issued a document requiring all agencies and all sub-central governments to “further clean up related measures linking indigenous innovation policy to the provision of government procurement preference.”
Over the years, the underlying thrust of China’s indigenous innovation policies has remained unchanged, as China’s leadership has continued to emphasize the necessity of advancing indigenous innovation capabilities. Through plans such as the 14th Five-Year Plan for the Protection and Utilization of National Intellectual Property Rights, China has continued to implement discriminatory policies encouraging “indigenous IP rights” and “core technologies” that are owned or developed in China. Accordingly, USTR has used mechanisms like a Section 301 investigation to seek to address, among other things, China’s use of indigenous innovation policies that effectively force or pressure foreigners to transfer their technologies to Chinese companies or develop their IP in China. 

Large Scale Solar Summit USA addresses Trump tariffs’ impact on solar industry

Large Scale Solar Summit USA addresses Trump tariffs’ impact on solar industry – PV Tech Skip to content This post was originally published on here

University of Texas and Mexican Tech University Launch Latino Health Research Center

The University of Texas at Austin (UT) and Mexico-based university Tecnológico (Tec) de Monterrey are launching a new research center on UT’s campus focused on advancing research around Latino health, according to a UT news release. Aiming to advance the health of millions of people living in the Americas, including an estimated 65 million Latinos in the United States, OriGen Health Research Center (OHRC) is the first research center to utilize Latin America’s largest biobank, alongside leading machine learning tools and numerous experts from both universities. “It is an exciting time to bring both of our universities together to save and improve lives and foster the exchange of knowledge,” said Andreas Matouschek, PhD, the interim dean of the College of Natural Sciences at UT, in the release. “By joining efforts and perspectives, the two institutions will promote scientific innovation and help solve major health and economic problems affecting people across the Americas.” Teams made up of experts in genetics, obesity, computer science and artificial intelligence (AI)  will collaborate on projects involving Tec’s large OriGen biobank of genetic, clinical and epidemiological information. Latinos face higher rates of certain chronic diseases, including diabetes, obesity, heart disease and some types of cancer. Research will focus on identifying and understanding the variables affecting illnesses in different Latino and Mexican populations. According to the release, initial OHRC projects include: An AI-based study to identify where in the body dangerous fats accumulate most for people in the Latino population and how this is associated with genetic factors linked to ethnicity. An initiative exploring the effect of psychological stress on Latinos, using biomarkers and clinical data. An effort to develop and examine Latino family interventions that lead to improvement in lifestyle and weight management in adolescents. “With a strong focus on research, education and active engagement with the Latino community, OriGen Health Research Center will ensure that the proposed solutions are practical and accessible,” said Guillermo Torre-Amione, MD, PhD, rector of TecSalud at Tec de Monterrey. “They will take into account the cultural and social reality of individuals to offer solutions that impact people’s lives.” To read more, click #Chronic Illness or #Health Equity. There, you’ll see headlines such as “Jay Bhattacharya Begins Tenure as 18th Director of the National Institutes of Health,“ ”Mobile App Supports Smoking Cessation Among Latinos“ and ”How New Technology Can Enhance Patient Navigation and Equity in Cancer Care.”

Lincoln Laboratory honored for technology transfer of hurricane-tracking satellites

The Federal Laboratory Consortium (FLC) has awarded MIT Lincoln Laboratory a 2025 FLC Excellence in Technology Transfer Award. The award recognizes the laboratory’s exceptional efforts in commercializing microwave sounders hosted on small satellites called CubeSats. The laboratory first developed the technology for NASA, demonstrating that such satellites could work in tandem to collect hurricane data more frequently than previously possible and significantly improve hurricane forecasts. The technology is now licensed to the company Tomorrow.io, which will launch a large constellation of the sounder-equipped satellites to enhance hurricane prediction and expand global weather coverage. “This FLC award recognizes a technology with significant impact, one that could enhance hourly weather forecasting for aviation, logistics, agriculture, and emergency management, and highlights the laboratory’s important role in bringing federally funded innovation to the commercial sector,” says Asha Rajagopal, Lincoln Laboratory’s chief technology transfer officer.A nationwide network of more than 300 government laboratories, agencies, and research centers, the FLC helps facilitate the transfer of technologies out of federal labs and into the marketplace to benefit the U.S. economy, society, and national security.Lincoln Laboratory originally proposed and demonstrated the technology for NASA’s TROPICS (Time-Resolved Observations of Precipitation structure and storm Intensity with a Constellation of SmallSats) mission. For TROPICS, the laboratory put its microwave sounders on low-cost, commercially available CubeSats for the first time.Of all the technology used for sensing hurricanes, microwave sounders provide the greatest improvement to forecasting models. From space, these instruments detect a range of microwave frequencies that penetrate clouds, allowing them to measure 3D temperature, humidity, and precipitation in a storm. State-of-the-art instruments are typically large (the size of a washing machine) and hosted aboard $2 billion polar-orbiting satellites, which collectively may revisit a storm every six hours. If sounders could be miniaturized, laboratory researchers imagined, then they could be put on small satellites and launched in large numbers, working together to revisit storms more often.The TROPICS sounder is the size of a coffee cup. The laboratory team worked for several years to develop and demonstrate the technology that resulted in a miniaturized instrument, while maintaining performance on par with traditional sounders for the frequencies that provide the most useful tropical cyclone observations. By 2023, NASA launched a constellation of four TROPICS satellites, which have since collected rapidly refreshed data of many tropical storms.Now, Tomorrow.io plans to increase that constellation to a global network of 18 satellites. The resulting high-rate observations — under an hour — are expected to improve weather forecasts, hurricane tracking, and early-warning systems.”This partnership with Tomorrow.io expands the impact of the TROPICS mission. Tomorrow.io’s increased constellation size, software pipeline, and resilient business model enable it to support a number of commercial and government organizations. This transfer to industry has resulted in a self-sustaining national capability, one that is expected to help the economy and the government for years to come,” says Tom Roy, who managed the transfer of the technology to Tomorrow.io.The technology transfer spanned 18 months. Under a cooperative research and development agreement (CRADA), the laboratory team adapted the TROPICS payload to an updated satellite design and delivered to Tomorrow.io the first three units, two of which were launched in September 2024. The team also provided in-depth training to Tomorrow.io and seven industry partners who will build, test, launch, and operate the future full commercial constellation. The remaining satellites are expected to launch before the end of this year.”With these microwave sounders, we can set a new standard in atmospheric data collection and prediction. This technology allows us to capture atmospheric data with exceptional accuracy, especially over oceans and remote areas where traditional observations are scarce,” said Rei Goffer, co-founder of Tomorrow.io, in a press release announcing the September launches.Tomorrow.io will use the sounder data as input into their weather forecasts, data products, and decision support tools available to their customers, who range from major airlines to governments. Tomorrow.io’s nonprofit partner, TomorrowNow, also plans to use the data as input to its climate model for improving food security in Africa.This technology is especially relevant as hurricanes and severe weather events continue to cause significant destruction. In 2024, the United States experienced a near-record 27 disaster events that each exceeded $1 billion in damage, resulting in a total cost of approximately $182.7 billion, and that caused the deaths of at least 568 people. Globally, these storm systems cause thousands of deaths and billions of dollars in damage each year.“It has been great to see the Lincoln Laboratory, Tomorrow.io, and industry partner teams work together so effectively to rapidly incorporate the TROPICS technology and bring the new Tomorrow.io microwave sounder constellation online,” says Bill Blackwell, principal investigator of the NASA TROPICS mission and the CRADA with Tomorrow.io. “I expect that the improved revisit rate provided by the Tomorrow.io constellation will drive further improvements in hurricane forecasting performance over and above what has already been demonstrated by TROPICS.”The team behind the transfer includes Tom Roy, Bill Blackwell, Steven Gillmer, Rebecca Keenan, Nick Zorn, and Mike DiLiberto of Lincoln Laboratory and Kai Lemay, Scott Williams, Emma Watson, and Jan Wicha of Tomorrow.io. Lincoln Laboratory will be honored among other winners of 2025 FLC Awards at the FLC National Meeting to be held virtually on May 13.