Stephen Kho Featured in Washington Lawyer on Developments and Issues to Watch in International Trade and Technology

Akin Gump international trade partner Stephen Kho has been featured in the cover story of Washington Lawyer’s May/June issue, “Tech & Trade: A Look at New Opportunities & Risks.” The article looks at some important developments and issues to watch in the areas of international trade and technology as well as trends and projections for the future.

Kho said he sees China’s growing influence around the world as a defining issue in both trade and intellectual property (IP). A former Associate General Counsel and Acting Chief Counsel on China enforcement at the Office of the U.S. Trade Representative, he observed that concerns with “safeguarding critical U.S. infrastructure, including energy, communications, the Internet, and data use, along with the integrity of international supply chains, are clearly of great [national security] importance.” Kho added, though, that the Trump administration may have “conflated” national security and routine trade issues, which led to a wide-ranging trade war between Washington and Beijing.

Kho expects to see an emphasis on national security to remain an issue in international trade relations for the foreseeable future, but he is hopeful it will not be the norm. “Not all high tech rises to the level of national security,” he said, “and it’s important to distinguish between the two to have a level playing field and make it easier for companies to understand and anticipate where there are likely to be national security issues” as they develop business plans.

Regarding the enforcement of IP laws, Kho does not believe Beijing is effectively enforcing its own laws, which means tougher and longer conversations lie ahead to resolve certain abuses, “such as China’s use of forced tech transfers, IP theft, and security-related tech issues.” Dealing with ongoing unfair IP practices, though is “a necessity,” he said, with meaningful improvement only likely with an approach that does not “mix and match” routine trade and IP-related issues with security concerns.

To access the issue in which the article appears, please click here.