China = PMA² in Intellectual Property Issues

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ARTICLE: Are OEMs Putting Intellectual Property At Risk With China Ventures?

The author (Matt Thurber) describes the potential risks that US companies face when they allow Chinese companies to have access to the data for an aircraft Type Certificate (TC). The intellectual property (IP) laws recognized by international authorities get short shrift in China, as Matt Thurber makes clear.

If anyone has any pretensions that the FAA may be of some assistance in preserving the integrity of the TC it issued to the OEM, just recall the alleged abuses of IP laws perpetrated under the guise of identicality of the Parts Manufacturing Approval (PMA) regulations. The FAA has limited capability to determine what an unauthorized copy of an original TC drawing is nor does it have the legal clout and authority to interdict such use. The PMA records are replete with evidence of this observation.

Caution – allowing China access to TC data and drawings could create IP problems that are exponentially worse than what has happened with PMA parts.

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