Scholars living in the gap of IP game in big countries

Source: science.com.2015-05-26 if you think that the rise of the motherland will undoubtedly raise the eyebrows of overseas tourists, you may come to different conclusions after careful consideration and careful look In fact, China's economic rise brings more opportunities to overseas Chinese, but also unprecedented challenges Sandwiched between the two great powers, Chinese are a group of awkward people who seem to have two sides of scenery but are squeezed on both sides You are a spy On May 20, 2013, the FBI and New York prosecutor sued Yudong Zhu, an associate professor at the langney medical center of New York University, and other three people, accusing them of taking bribes from China United Medical Technology Co., Ltd to disclose MRI technology, a federal funded research project, to China Zhu was also charged with falsifying evidence in the process of applying for and using NIH funding from the United States Both are felonies, with the former leading to up to five years in prison and the latter to up to 20 years in prison Predicament according to the indictment of the United States, Zhu Yudong is also the talent introduced by Shenzhen Institute of advanced technology of the Chinese Academy of Sciences, a core member of the relevant research team of the Institute, and a typical "Seagull" shuttling between China and the United States Although the case has been widely reported, it seems that there are not many people concerned about it, and there are many commentators who gloat and sneer at it However, I think the case has several important implications: 1) the prevention of intellectual property infringement in China by the United States has expanded from the early national security and the following trade secrets to the academic field that was originally relatively open and free 2) The competition for talents between China and the United States has reached a stage of either or The time has come for those "seagulls" who think they can find a source of resources between China and the United States It's a dangerous game to take a chance and take both sides 3) For the Chinese government, it is necessary to review the talent policy; some Chinese employers also need to change their operations so as to avoid falling into the trap of lawlessness and injustice, or even destroying others' businesses, lives and families 4) With the rise of China's economy, there are more and more disputes between the United States and China on national security, economic trade and intellectual property rights, all of which focus on Chinese Americans Chinese Americans should learn to protect themselves from being victims of the great power struggle, and the society also needs to pay attention to those in prison to ensure that they are treated fairly and fairly According to the report issued by the Commission on the theft of American intellectual property in May 2013, the annual loss caused by intellectual property theft in the United States reaches 300 billion US dollars, about 5% of the total wealth of the United States, which is also equal to the annual trade volume of the United States exported to Asia This is indeed an astonishing number, which provides a powerful annotation for the us to strengthen the protection of intellectual property in recent years The report also pointed out that "China is the biggest factor causing the loss of intellectual property rights in the United States, of which 50% to 80% are caused by China" This conclusion is alarmist, which brings great insecurity to people who are engaged in trade, investment, even learning and academic research between China and the United States The dispute on intellectual property rights between the two countries is so sharp that it has become an important topic for president Xi Jinping and President Obama to visit this month The recent Snowden leak has also embarrassed the US government, which has been occupying a high moral level in maintaining information security As for the protection of intellectual property rights, the United States has mature laws on national security, copyright, patent rights, etc In recent years, the scope of legislation has been expanded, for example, "The Economic Espionage Act of 1996", which defines the scope of trade secrets and illegal punishment; the foreign corruption practice act, which defines the overseas business activities of US citizens (including permanent residents) and US companies; the US China export control Policy): defines products that cannot be exported from the United States to China (mainly high-tech products); foreign investment and national security act of 2007, which establishes a review system for the acquisition of assets by foreigners and companies in the United States; the Digital Millennium Copyright Act 1998 ）, etc., forming a more comprehensive intellectual property protection system From the perspective of China, the legal system for the protection of intellectual property rights has been gradually improved, including patent law, copyright law, crime of infringing trade secrets and bribery in criminal law, and the "national security law" with a wide range and fuzzy boundary is often adopted to deal with economic cases Although China's legal system is not as complete as that of the United States, it is flexible in implementation, and the influence of political factors on implementation cannot be ignored The behavior of overseas Chinese is not only concerned by other governments, but also the scapegoat of bilateral business activities and political fluctuations in China For example, Hu Zhicheng, an American Chinese who was just allowed to return to the United States by the Chinese government this month, was previously detained by Chinese police for 17 months due to a legal dispute with China haisai (Tianjin) special materials Co., Ltd in terms of business After being acquitted in 2010, Hu Zhicheng was still banned from leaving China by public security In 2009, China sued four Chinese employees, including Rio Tinto, an Australian British mining company In 2010, they were sentenced to severe punishment for "suspected infringement of business secrets and bribery of non state employees" In such a political environment, Chinese people around the world should have higher sensitivity to self-protection I put forward some suggestions for reference: 1 For those who hold positions in multiple companies and organizations (especially in companies / organizations belonging to different countries), they should understand the relevant rules of employers, declare and disclose them truthfully If the employer believes that you are involved in a conflict of interest, you need to correct it in a timely manner and choose where to go Never change from "ground activities" to "underground activities", let a career choice problem turn into a crime 2 Do not use and store the employer's trade secrets and unpublished information in violation of the relevant regulations of the employer In particular, the consent of relevant personnel of the company (such as the legal department of the company) is required before transferring the information to people outside the company All documents (including electronic records) are often evidence of crime 3 If the government (whether in China or the United States) funds are used for any scientific research and business affairs, it is necessary to understand the conditions of fund application and use, and fill in all kinds of information truthfully In the United States, lying is a felony, which is clearly reflected in Zhu's indictment 4 For those engaged in scientific and technological work, they should understand the restrictions of the United States and China on the export of scientific and technological products They should not purchase and transport those restricted products for export, let alone take them on international airplanes If the export control of the United States is violated, the punishment is very severe and the freedom may be lost for life 5 It is a terrible trap to refuse any employer's request that you engage in conflict of interest or even illegal activities An employer who makes employees take risks for the sake of interests is evil The final responsibility and risk are usually entirely borne by the employees, and the employer often abandons all risks 6 In case of trouble, if you are in the United States, do not forget the right to remain silent, and immediately find a good lawyer In China, don't forget the political and media channels, let the case get public attention, so that the case can be more fair trial Justice although every group inevitably has some people who are greedy and try their best, governments around the world often enlarge the facts and even persecute the innocent For example, the case of Li Wenhe, a Chinese scientist who caused a stir in the United States, was arrested by the FBI in 1999, accusing him of leaking secrets related to nuclear warheads to China, and charged with 59 charges In 2000, Li Wenhe reached an agreement with the United States government to plead guilty to a misdemeanor of illegal downloading The Government recovered 58 other charges, and the judge apologized to Li Wenhe in court and released him Six years later, the U.S federal government and five media paid Li and $1.65 million in compensation for leaks and improper reports In late May, in a legal lecture organized by Suzhou bio Nano Science Park, I listened to a speech by Mr Brian sun, the defense lawyer of Li Wenhe case He not only interpreted some cases in recent years, but also referred to the prejudice and unfair behavior against Chinese in American history Therefore, in addition to self-protection, Chinese Americans as a group need to have political activeness, and building a good political soft environment is essential for the survival and development of the whole group As for Professor Zhu's case, people should stick to the belief that he is innocent before he is proved guilty, maintain good faith and humane care for him, and supervise his case to get a fair trial Looking back on the history of Chinese Americans over the past 100 years, we can find that the ancestors went through a process from small aphasia to major loss of power, from individual grievances to overall persecution Although the society has made a lot of progress from the era of "China Exclusion Act", and the U.S Congress has officially apologized for the behavior of China exclusion in history, the seeds of injustice will always exist in a dark corner of human beings, seeking suitable soil and climate to grow again at any time, endangering today's us and future generations Snowden's leak case also reminds us once again that abusive government is the greatest enemy of the people and the greatest threat to society This is true of the United States, China and other countries The constitution is the curse of power and the last line of defense to protect the people (original title: scholars living in the gap between great powers)