Professional Documents
Culture Documents
Economic Competitiveness and The Defense of Intellectual Property
Economic Competitiveness and The Defense of Intellectual Property
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The Conservative Action Project (CAP), founded in 2008 by many conservative leaders with former Attorney General Edwin Meese III
serving as the Founding Chairman. CAP is currently chaired by The Honorable Becky Norton Dunlop and is designed to facilitate
conservative leaders working together on behalf of common goals. Participants include the CEOs of over 100 organizations
representing all major elements of the conservative movement-economic, social and national security.
Over the last few decades, we have seen America lose its global status as a manufacturing
powerhouse. Millions of jobs have moved to China, Mexico, India and elsewhere, turning too
many American communities into ghost towns. Harmful regulatory policies, high corporate
taxes, and trade cheating have all contributed to this harmful trend.
Not only have we ceded ground to much of the world on manufacturing, but harmful policies and
an increased hostility to our nations Intellectual Property foundations have undermined
American leadership in innovation and technology. According to U.S. Chamber of Commerces
International IP Index this year, the US has dropped from 1st to 10th place (tied with Hungary) in
the protection of patents, related rights and limitations. This is the first year that the US had
not been in first place in this annual index.
Patent protection was enshrined in our Constitution and has set us apart from the rest of the
world in protecting property of all kinds. It is the main reason that the U.S. has led the world in
innovation. But in recent years, a combination of bad legislation, troubling Supreme Court
decisions, anti-patent rhetoric at all levels of our government have weakened the U.S. patent
systemonce the crown jewel of our economy. Many inventors and venture capitalists are now
beginning to look at Germany, Englandand even Chinaas better environments to protect
their innovations.
We cannot afford to lose our role as the worlds innovator. This is particularly true because IP-
intensive industries accounted for 38% of our GDP in 2014.
President Reagan faced similar challenges after taking office. Then, Americas global economic
leadership was threatened by Japan, so Reagan set up a high-level commission and advanced
policies to bolster our industrial competitiveness. A blue-ribbon commission appointed by
President Reagan found that inadequate protection of intellectual property rights was among
the reasons for [a] decline in the U.S. comparative advantage in high technology.
In response, the administration took steps to strengthen our IP and patent protections, among
other important steps. Partnered with pro-growth tax cuts and paring back needless regulation,
the Reagan administration reversed much of the decline, and the U.S. continued its economic
leadership in the high-tech space.
America now finds itself in a similar situation, and must once again act quickly to reverse the
decline. While America then faced the challenge of Japan threatening our economic and
innovation leadership, today we are being challenged by China and South Korea, among others.
The conservative movement stands resolute in calling for the implementation of an agenda to
reverse our decline in industrial and innovative competitiveness. That agenda includes:
Tax cuts and reforms. The U.S. has one of the highest corporate taxes in the world and a
tax system that is complex and burdensome. Cutting the corporate rate and simplifying
the code will encourage more businesses to do business in the United States, allow the
return of capital to the U.S., and spur economic growth.
Regulatory reform. Our economy has been burdened by over-regulation at every level,
imposing costly mandates on businesses, consumers and entrepreneurs. The Trump
administration has already begun to roll back many of these costly regulations, sending
important signals to the markets and to entrepreneursand they must continue to do
more. This is especially the case when it comes to the Consumer Financial Protection
Bureau (CFPB). Since its creation in 2010, the CFPB has used its far reaching and
unchecked regulatory powers to levy billions of dollars in penalties against businesses.
This has created further economic uncertainty as consumers have become saddled with
higher costs and fewer choices when it comes to accessing financial products and
services. Permanent regulatory rollback at the congressional level would bring even
more certainty and confidence than executive orders (which can be reversed by future
administrations).
Patent Protection. The administration, Congress, and the courts need to take steps to
reverse the declining protection of patents and the anti-patent rhetoric that has infected
government at all levels. The administration needs to staff key agencies with individuals
who understand the important role of patents, and stop administrative action that make it
easier to invalidate them. The Patent Trial and Appeal Board (PTAB), for instance, is an
administrative tribunal created after previous congressional reform and has been labeled a
patent death squad with the sole purpose of invalidating patents. In addition, U.S.
officials must stand strong against attempts by other nations to bolster their domestic
companies by undermining the IP protection of U.S. companies. Congress needs to reject
harmful legislation that would undermine patent rights and only push legislation that
strengthens those rights. Finally, the courts must put an end to the hostile decisions that
make it harder for innovators to protect their Constitutionally protected property rights.
Enforcing trade deals. While there are differing opinions on trade, we are united in the
belief that the U.S. must stand up for the enforcement of existing trade agreements and
ensure that we are not being taken advantage of. The administration must insist that our
trading partners live up to the terms of our agreements and not undermine them through
lack of due process, illegal subsidization, forced technology transfer, dumping, and other
forms of cheating.
The Honorable Edwin Meese III The Honorable Becky Norton Dunlop
Former Attorney General Chairman, Conservative Action Project
President Ronald Reagan Former White House Advisor, President
Ronald Reagan
Please feel free to reproduce, publish, or quote from this memo, or any part thereof. No attribution to
the Conservative Action Project or any of the signers is necessary.