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China In Breach Of Cyber-Security Pact

It has been a fairly turbulent week in the cyber-espionage space following accusations that China’s Ministry of Security Services is behind the surge of intellectual property theft from Australian companies.

The news that the persistent attacks on Australian IP are perhaps a State sponsored campaign by the Chinese government is concerning as it suggests that China are in breach of several international and bilateral agreements.

In 2015, an agreement was made between Chinese President Xi Jinping and former President Obama, that the U.S and China would not steal intellectual property from one another for commercial gain. This was furthered at the November 2015, G20 Summit, where the cyber-theft of IP was accepted as the norm.

Following on from this in September 2017, former Prime Minister Malcolm Turnbull and Chinese Premier Li Kequiang promised that neither country would engage in cyber-theft of intellectual property and commercial secrets.

Reports of cyber-theft declined immediately after these agreements, however in recent months they have ramped up again.

A U.S Trade Representative report released this week confirms that despite any international agreements, China has continued engaging in cyber-espionage and the theft of intellectual property. Further the report states that not only is China likely to be in breach of these agreements, but the attacks have “increased in frequency and sophistication”.

Notably in July of this year, China was linked to the cyber-breach of Australian National University. This attack was particularly disturbing given that ANU is a leading university involved in key areas of Australian technological, scientific, defence and commercial research.  It is fascinating that cyber attacks and theft are a “norm” that is accepted within our overall international relationships.  Physical acts of a similar nature would not be so easily accepted.

Wendy Mansell contributed to this post.

Copyright 2021 K & L GatesNational Law Review, Volume VIII, Number 327
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About this Author

Cameron Abbott, Technology, Attorney, Australia, corporate, KL Gates Law Firm
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Mr. Abbott is a corporate lawyer who focuses on technology, telecommunications and broadcasting transactions. He assists corporations and vendors in managing their technology requirements and contracts, particularly large outsourcing and technology procurements issues including licensing terms for SAP and Oracle and major system integration transactions.

Mr. Abbott partners with his clients to ensure market leading solutions are implemented in to their businesses. He concentrates on managing and negotiating complex technology solutions, which...

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