Economic Competitiveness and the Defense of Intellectual Property

October 17, 2017
Washington, DC


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 nation’s Intellectual Property foundations have undermined American leadership in innovation and technology. According to U.S. Chamber of Commerce’s 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 system-once the crown jewel of our economy.  Many inventors and venture capitalists are now beginning to look at Germany, England-and even China-as better environments to protect their innovations.

We cannot afford to lose our role as the world’s 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, America’s 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 entrepreneurs-and 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.
A pro-growth, pro-innovation, pro-enforcement and anti-regulatory agenda is critical to reversing many of the destructive policies of the last eight years (and in many cases longer). The leaders of our movement urge our elected and appointed officials follow the lead of President Reagan by taking strong action to combat the threats to our industrial and innovation competitiveness. We must remove any question that the United States of America can lead the world on innovation, manufacturing and economic growth.

The Honorable Edwin Meese III
Former
Attorney General
President Ronald Reagan


The Honorable Kenneth Blackwell
Chairman
Constitutional Congress, Inc.


Adam Brandon
President
Freedom Works


Rod D. Martin
Founder and CEO
The Martin Organization, Inc.


Haley E. Martin
President
The Martin Foundation


Nicholas Stehle
Campaign for the American Future


Diana Banister
President and Partner
Shirley & Banister Public Affairs 


The Honorable Bob McEwen
U.S. House of Representatives
Former Member, Ohio 


Alfred S. Regnery
Chairman
CNP Action, Inc.


Lisa B. Nelson
CEO
American Legislative Exchange Council 


William L. Walton
Chairman
CNP Action, Inc.


Rebecca Hagelin
Board of Directors, FamilyTalk
Secretary, Council for National Policy


Lee A. Beaman
CEO
Beaman Automotive Group 


Tom Giovanetti
President
Institute for Policy Innovation (IPI) 


James L. Martin
Founder & Chairman
60 Plus Association


Martha Boneta
Executive Vice President
Citizens for the Republic


Mathew D. Staver, Esq.
Founder and Chairman
Liberty Counsel 


The Honorable Morton C. Blackwell
Chairman
The Weyrich Lunch 


Janice Shaw Crouse, Ph.D.
Chairman
The Institute on Religion and Democracy 


Willes K. Lee
President
National Federation of Republican Assemblies 


Alan P. Dye
Senior Partner
Webster, Chamberlain & Bean 


Seton Motley 
President
Less Government 


C. Preston Noell III
President
Tradition, Family, Property, Inc.


Col Francis X. De Luca
USMCR (Ret)
President
Civitas Institute


Rick Manning
President
Americans for Limited Government 


Michael R. Long
State Chairman
NYS Conservative Party 


Rick McCrary
Senior Partner
Insurance One


Bob Adams
President
Revive America PAC 


Tim G. Echols
Public Service Commissioner
State of Georgia


Melvin Adams
Former President
Renewanation


Ben Case
President
Case Consulting Services, Inc.


Mark Bloom
Owner
Ole Podner, LLC 


Lou Cordia
President,
Cordia & Associates Executive Director
President Reagan’s Alumni Association


Gary L. Bauer
President
American Values


The Honorable Terrence M. Scanlon
Retired CEO / President
Capital Research Center


Jenny Beth Martin
Co-Founder & President
Tea Party Patriots


Mike Spence
Founding President
Conservative Republicans of California


Jerry Melvin
President
Florida Republican Assembly

 

The Honorable Becky Norton Dunlop
Chairman, Conservative Action Project
Former White House Advisor,
President Ronald Reagan


The Honorable Colin Hanna
President
Let Freedom Ring, Inc.


David Bozell
President
ForAmerica


Sherri R. Martin
Executive Vice President
The Martin Organization, Inc.


Shawn A. Mitchell
Former National Chaplain
National Federation of Republican Assemblies


Evelio Silvera
Campaign for the American Future


William Mills
President
WPM Exploration 


Richard D. Hayes
Attorney
Hayes, Berry, White & Vanzant, LLP


The Honorable T. Kenneth Cribb, Jr.
Chief Assistant to President Reagan
For Domestic Affairs


Charles Copeland
President

Intercollegiate Studies Institute 


Caroline Lewis
Owner 
Percipio Communications 


The Honorable James C. Miller III
Budget Director
President Ronald Reagan 


Rick Scarborough 
Founder 
Vision America  


Steven Thrasher 
Founder 
The App Attorney 


Ann L. Drexel 
Member, Board of Governors 
Council for National Policy  


The Honorable Mike Hill 
Former Member 
Florida State House 


Kay R. Daly
President 
Coalition for a Fair Judiciary 


Samuel B. Casey
Managing Director & General Counsel
Jubilee Campaign


Diana Denman
President
Reagan Legacy Forum


Curt Levey
President
Committee for Justice


James Edwards
Executive Director
Conservatives for Property Rights 


Christopher Malagisi
Editor in Chief
Conservative Book Club


Ron Robinson
President
Young America’s Foundation 


Rebekah Gantner
Executive Director
Eagle Forum Education & 
Legal Defense Fund 


Kevin Freeman
Founder
NSIC Institute


Dick Patten
President
American Business Defense Council 


Matthew Kandrach
President
Consumer Action for a Strong Economy 


The Honorable Ken Cuccinelli II
President
Senate Conservatives Fund


Jerome R. Corsi, Ph.D.
Washington Bureau Chief
Infowars.com


Ralph A. Rebandt II 
Senior Pastor
Oakland Hills Community Church


Robert K. Fischer
Meeting Coordinator
Conservatives of Faith


Tricia Erickson
President
Angel Pictures & Publicity, Inc.


The Honorable Charles J. Cooper
Former Assistant Attorney General,
Ronald Reagan Administration
Cooper & Kirk 


Lewis K. Uhler
President
National Tax Limitation Committee


Roxanne Phillips
Executive Committee
CNP


Joseph A. Morris
Partner
Morris & De La Rosa


Susan A. Carleson
Chairman / CEO
American Civil Rights Union


Cleta Mitchell, Esq.

(All organizations listed for IDENTIFICATION purposes only)