Even a man as powerful and influential as Hon Hai Technology Group chairman Terry Gou (郭台銘) cannot conquer all. Gou has led the group in building about 30 overseas manufacturing sites and the group owns the world’s largest contract electronics maker, Hon Hai Precision Industry Co, which generated NT$3 trillion (US$104 billion) in revenue last year from making electronics for devices such as the iPhone and Kinect.
Still, Gou’s influence has held no sway in his legal battle against Chinese automaker and electrical component manufacturer BYD Co during five years of patent infringement lawsuits. Hon Hai’s handset manufacturing arm, Foxconn International Holdings, sued BYD for theft of trade secrets in Shenzhen and Hong Kong in 2007.
“Political factors are muscling in on this [case]. If Hon Hai cannot win this lawsuit, then why bother signing the ECFA [Economic Cooperation Famework Agreement] with China?” Gou asked shareholders last week. “How many Taiwanese companies win their cases in Chinese courts? You do the math.”
Hon Hai’s case is strong evidence of the government’s incompetence when it comes to safeguarding Taiwanese companies’ interests and intellectual property rights. Hon Hai’s lawsuits are a reminder that the ECFA does not provide a legal basis for Taiwanese companies to seek government help to resolve trade disputes in developing markets such as China’s. The problems of intellectual property right infringements, piracy and corruption are vast, but Taiwanese corporations have to fight their battles alone.
Nine months ago, Taiwan signed the ECFA with China to boost bilateral trade, even as the government put off negotiations to introduce a mechanism that would help companies resolve trade disputes. The Straits Exchange Foundation and the Association for Relations Across the Taiwan Strait were originally expected to wrap up negotiations on this issue during their sixth-round meeting last December. However, no agreement was reached on how to deal with trade disputes or how to safeguard the interests of Taiwanese companies operating in China. Nor did they reach an accord on forming an economic cooperation panel. They only came up with the terms of a guideline on forming a key body to help resolve conflicts. Negotiators agreed to a conclusion on establishing a mechanism to settle trade disputes and reduce investment risk, but no date has yet been set for such a meeting.
Between 1991 and May of last year, Taiwanese companies invested US$88.57 billion in China-bound investments, Ministry of Economic Affairs statistics show. As protectionism proliferates in China, Taiwanese business associations have been calling for solutions to the lack of government involvement in solving disputes. Local corporations can only pin their hopes on the next round of negotiations.
The government promised that the ECFA would significantly boost Taiwan’s economic growth and open up new markets, but trade figures show these promises have yet to bear fruit. Meanwhile, it is becoming increasingly apparent that Taiwanese companies need more concrete legal help in minimizing the risk that investing in China brings — a risk to which William Kao (高為邦), president of Victims of Investment in China Association has been trying for years to get Taiwan’s government to pay more attention — and a risk brought home to multinational corporations by the arrests of Stern Hu (胡士泰) and three other Rio Tinto executives, Matthew Ng (吳植輝), IHS geologist Xue Feng (薛峰) and others.
China is one of the fastest-growing markets in the world and one of the riskiest. Many of these are risks that Taiwan’s “cultural and linguistic edge” cannot outweigh.
The time of guidelines and forming panels has come and gone. Scrapping trade barriers and boosting the transparency count for little if the people and companies making the investments risk not just their money but their lives at the hands of China’s politically driven injudicious judicial system.
Taiwan is rapidly accelerating toward becoming a “super-aged society” — moving at one of the fastest rates globally — with the proportion of elderly people in the population sharply rising. While the demographic shift of “fewer births than deaths” is no longer an anomaly, the nation’s legal framework and social customs appear stuck in the last century. Without adjustments, incidents like last month’s viral kicking incident on the Taipei MRT involving a 73-year-old woman would continue to proliferate, sowing seeds of generational distrust and conflict. The Senior Citizens Welfare Act (老人福利法), originally enacted in 1980 and revised multiple times, positions older
The Chinese Nationalist Party (KMT) has its chairperson election tomorrow. Although the party has long positioned itself as “China friendly,” the election is overshadowed by “an overwhelming wave of Chinese intervention.” The six candidates vying for the chair are former Taipei mayor Hau Lung-bin (郝龍斌), former lawmaker Cheng Li-wen (鄭麗文), Legislator Luo Chih-chiang (羅智強), Sun Yat-sen School president Chang Ya-chung (張亞中), former National Assembly representative Tsai Chih-hong (蔡志弘) and former Changhua County comissioner Zhuo Bo-yuan (卓伯源). While Cheng and Hau are front-runners in different surveys, Hau has complained of an online defamation campaign against him coming from accounts with foreign IP addresses,
Taiwan’s business-friendly environment and science parks designed to foster technology industries are the key elements of the nation’s winning chip formula, inspiring the US and other countries to try to replicate it. Representatives from US business groups — such as the Greater Phoenix Economic Council, and the Arizona-Taiwan Trade and Investment Office — in July visited the Hsinchu Science Park (新竹科學園區), home to Taiwan Semiconductor Manufacturing Co’s (TSMC) headquarters and its first fab. They showed great interest in creating similar science parks, with aims to build an extensive semiconductor chain suitable for the US, with chip designing, packaging and manufacturing. The
Former Chinese Nationalist Party (KMT) lawmaker Cheng Li-wun (鄭麗文) on Saturday won the party’s chairperson election with 65,122 votes, or 50.15 percent of the votes, becoming the second woman in the seat and the first to have switched allegiance from the Democratic Progressive Party (DPP) to the KMT. Cheng, running for the top KMT position for the first time, had been termed a “dark horse,” while the biggest contender was former Taipei mayor Hau Lung-bin (郝龍斌), considered by many to represent the party’s establishment elite. Hau also has substantial experience in government and in the KMT. Cheng joined the Wild Lily Student
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