• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii

3

Current price of oil as of July 2, 2026

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii

3

Current price of oil as of July 2, 2026
CommentaryTariffs

Commentary: Tariffs Are the Wrong Way to Punish China for Stealing Our Technology

By
Christine McDaniel
Christine McDaniel
and
Bethany Cianciolo
Bethany Cianciolo
Down Arrow Button Icon
By
Christine McDaniel
Christine McDaniel
and
Bethany Cianciolo
Bethany Cianciolo
Down Arrow Button Icon
March 22, 2018, 11:52 AM ET
Add Fortune on Google for similar content.

President Trump is considering a “big fine” or tariffs to punish China for unsavory business practices, like stealing the intellectual property of U.S. businesses. But history shows that tariffs are futile, and pursuing fines requires more leverage than American businesses or the president has. Since this administration is bent on making China change its ways, Trump and his economic team should instead unite with like-minded countries and reshape key trade rules.

When theft of U.S. intellectual property occurs on our soil, the U.S. court system can provide recourse. When it happens outside of the United States, there are fewer options for American firms. Those that choose to do business abroad must abide by the rules in those countries, or by the rules in existing international trade and investment agreements.

In principle, that’s none of Uncle Sam’s business—Americans should determine for themselves which pieces of their property wind up on the bargaining table when seeking to do business abroad. For U.S. firms doing business in China, many find that handing over the crown jewels—or risking theft—is a price worth paying if it means access to the world’s fastest-growing and second-largest economy.

Yet this administration is determined to take unilateral action against China by invoking Section 301 of the Trade Act of 1974, which gives the U.S. Trade Representative broad authority to respond to a foreign country’s unfair trade practices. This action is usually reserved for intellectual property matters.

Trump and his trade team’s knee jerk reaction appears to be a tariff. But President Trump’s earlier desire for a “big fine” would be the better of those two options. It has a lighter touch in the marketplace and does not distort the prices consumers pay or healthy competition among businesses.

But there are practical matters to consider. How do you compel a sovereign nation to pay a fine?

In short, you don’t. Both parties need to come to the table to negotiate a settlement for it to work. And there is no indication that China is ready or willing to change its ways. China’s government will reform its intellectual property right regime when it believes it is in its interest. And not a day sooner.

We have been through this before with the legendary Texas Instruments vs. Japan fight over the semiconductor industry in the 1980s. Japanese firms had been stealing intellectual property from U.S. firms for decades. But, in the end, getting Japan to come to the table had more to do with its own self-interest than with U.S. pressure.

With American ingenuity at work, Texas Instruments (TXN) engineer Jack St. Clair Kilby’s U.S. patent for the integrated circuit revolutionized the semiconductor industry beginning in the 1960s. As his Japanese patent application languished—for 30 years—Japanese businesses, by some accounts, built their own semiconductor industry off of his idea.

Decades of U.S. pressure and trade tensions had little effect. But over time, a critical mass of Japanese firms had reached the technological forefront of industry. Once those leading firms found themselves suffering at the hands of local copycats, they were keen to protect their own position. They were the ones to exert the pressure on the Japanese government that ultimately tipped the scales for patent reform and set in motion the significant strengthening of Japan’s intellectual property rights.

In other words, China may someday change its ways, but don’t count on that happening until it is good and ready.

 

If President Trump is determined to take on China, then all roads lead to the United States working with like-minded countries to strengthen and rewrite the trade rules. Our Trans-Pacific and Trans-Atlantic allies are just as eager to pen in market-oriented rules on state-owned enterprises, cross border data flows, technology transfer requirements, and intellectual property rights.

Shaping the rules of the global economy remains the more practical and, indeed powerful, response to China.

Christine McDaniel, a former senior economist with the White House Council of Economic Advisers and deputy assistant Treasury secretary, is a senior research fellow with the Mercatus Center at George Mason University.

About the Authors
By Christine McDaniel
See full bioRight Arrow Button Icon
By Bethany Cianciolo
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

rn
CommentaryCryptocurrency
Former Iran director at NSC: Crypto legislation is a ticket to sanctions evasion
By Richard NephewJuly 2, 2026
19 hours ago
m
Commentary250 Years of Innovation
McKinsey chairs: Building a more resilient industrial base may require $2 trillion in investment
By Eric Kutcher and Shubham SinghalJuly 2, 2026
19 hours ago
em
Commentary250 Years of Innovation
America’s 250th birthday has Elon Musk and a record IPO. Its 15th had Alexander Hamilton — and a stock market bubble
By Owen LamontJuly 2, 2026
23 hours ago
paramount
CommentaryAntitrust
How Paramount’s theater commitments could boost local economies across the nation
By Ike BrannonJuly 2, 2026
23 hours ago
elon
CommentaryChina
China has 400 private space companies. The West is barely paying attention
By Rainer ZitelmannJuly 2, 2026
1 day ago
senate
CommentaryCongress
One rare bipartisan AI bill is moving through Congress. Here’s why it deserves to pass
By Neil Björkman and Betsy BrewerJuly 1, 2026
2 days ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
2 days ago
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii
Success
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii
By Sasha RogelbergJuly 2, 2026
17 hours ago
Current price of oil as of July 2, 2026
Personal Finance
Current price of oil as of July 2, 2026
By Joseph HostetlerJuly 2, 2026
20 hours ago
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
Success
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
By Emma BurleighJuly 2, 2026
18 hours ago
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
Success
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
By Orianna Rosa RoyleJuly 2, 2026
1 day ago
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
Law
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
By Wyatte Grantham-Philips and The Associated PressJuly 2, 2026
15 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.