The following article pushed several of my libertarian buttons. I’ll try not to get too worked up about it, but provide a fair and balanced counter argument. The blue text is my translation of the original article, and the black text is my own.
Stop the Foreign Technology Leak-Hole
Kyunghyang news
-42 exposures in 2008, an increase of 31 percent over 2007
-No regulation stopping leaks of core national technologies through M&A deals
The recession is increasing worries about industry technology leakage. This is because executives unsecure about employment are easily tempted to change companies, and the possibility of domestic firms being merged with or acquired by foreign firms is increasing.
Okay, the leaking of industry technology is a big deal, no question. And firms have a right to expect protection from intellectual property or trade secret theft. But let’s not confuse illegal trade secret theft with completely above-board M&A transactions. Korean firms go willingly into M&A transactions for their own selfish (and by that I mean good) reasons. The technology that such firms possess, and chose to sell to other parties (whether foreign or domestic), belongs to those firms alone. Such technology is not some intangible ‘Korean’ asset possessed by the Korean people as a whole by default due to the fact that the firm was originally established in Korea.
In the June 11th report, “The daily increasing severity of trade secret leakage,” Samsung Economic Research Institute (SERI) explained that the number of exposed trade secret theft cases has rapidly increased 31 percent from 32 cases in 2007 to 42 cases in 2008. The number of exposed trade secret theft cases increased around 1-3 cases annually from 26 cases in 2004, but as the economy worsened last year such cases increased dramatically. Had these trade secrets [actually] been leaked, [the report] estimates probable damages also increased from 1.3 trillion won (1.08 billion USD) per incident in 2004 to 1.9 trillion won (1.58 billion USD) per incident in 2008.
The report indicates that security and executive employee management systems development pale in comparison to technological advancement and that the probability of trade secret theft is high. [The report identifies] avenues of possible trade secret leakage including ‘internal agents’, ‘M&A deals’, and ‘joint ventures.’
Again, perfectly legal M&A deals, and joint ventures have no place in this list. And what about those ‘joint ventures’ anyway, wouldn’t a foreign firm have just as much claim to technology that was developed collaboratively?
Cases of current or former employees offered bribes or exceptionally attractive salary packages or promotions for stealing technologies are typical.
From 2004-2008 former employees contributed to 56 percent and current employees to 27 percent of exposed trade secret theft cases. In particular, as companies striving toward globalization increase overseas production and research facilities, they are beginning to see cases of foreign-subsidiary employee trade secret theft. Recently a mid-sized company’s ‘hydrogen storage alloy’ technology was leaked by employees receiving cash awards of 200 billion won (16.6 million USD) and high level promotions [from competitors.]
Now this is the kind of blatantly malicious trade secret theft against which companies need to protect themselves. However, if Korean firms, the Korean government, and the Korean press insist on conflating the issue to include completely legitimate instances where technology has transferred via legal merger or acquisition, they undermine their overall credibility on the matter.
Instances of trade secret leakage in merger or acquisition processes were also not few. In early 2000, Korean firms Sewon Telecom , Maxon Telecom, and Bellwave Telecom which had significant Chinese operations became largely insolvent as Chinese firms acquired mobile technologies through the acquisition of Korean firms Hyndai Syscomm (handset manufacturer), and Gigatelecom.
This is a perfect example where Korean firms with tentative foot-holds in the Chinese market simply lost market share to a local firm which acquired technology legally through legitimate M&A transactions. Sewon, Maxon, and Bellwave wouldn’t maintain bitching rights if the M&A in question involved an American or European firm. Actually such bitching rights never existed. If they couldn’t compete in the Chinese market on their own, or by leveraging joint venture operations with local firms, frankly, that’s their own damned fault. Now, these companies might have legitimate concerns about trade barriers levied by the Chinese government that impeded their natural competitiveness in the Chinese market, but such concerns are unrelated to the trade secret issue.
Also Shanghai Motors, which acquired Korean subsidiary Ssangyong motors, is accused of leaking core technologies including hybrid diesel technology to China. Besides these cases were also 6 cases in the past 5 years of technologies leaked during joint research ventures where Korean scientists or researchers were invited overseas.
“Accused of leaking?” Give me a break. Shanghai Motors can’t ‘leak’ trade secrets they legitimately purchased. And as for the scientists, again, if the foreign company or university was funding the project, just the fact that a Korean brain participated in the research process doesn’t mean that the Korean public has any claim on technology developed on a foreign firm or university’s dollar.
According to Sungbae Park, executive researcher with SERI, “From a national perspective, Korea has designated ‘core national technologies’ but has no regulation addressing the leakage of these technologies when the companies that hold them are subject to mergers and acquisitions,” and “We should note that the US and Japan have a regulatory apparatus that allows for [the government] to block mergers and acquisitions of domestic firms by foreign entities.”
By Sukgi Kim skim@kyunghyang.com
I will admit that there may be certain technologies that warrant protection for national security reasons. The U.S. would be loath to allow a foreign firm to acquire a sensitive defense contractor like Boeing or Lockheed Martin. It is a good idea for Korea to set up a regulatory apparatus that allows it to review proposed M&A deals for possible threats to national security. But if that regulatory apparatus starts throwing out deals involving telecommunications firms or car manufacturers, the WTO is going to get righteously pissed off. In the US case, the regulatory apparatus Park is referring to is most likely the “Foreign Investment and National Security Act of 2007,” which was set up after previous regulations had failed to flag an M&A deal that essentially put a Dubai firm in charge of all US imports and exports in 6 major US ports – an obvious national security concern. The US doesn’t squabble about telecom, chip manufacturer, car manufacturer (actually the Obama administration actually required foreign acquisition of Chrysler by Fiat in order to allow the company to remain solvent) M&A transactions because the US still believes in a free-market system.
So what does Korea need to do to maintain competitiveness? The report, for all its intellectual backwardness, does have some good suggestions for firms concerned about trade secret threats which I echo:
1. Treat your employees better. Reward performance commensurate with its value so that employees are proud to work for your firm and aren’t tempted by illicit offers (which you can’t stop from occurring).
2. Establish a mechanism by which M&A deals can be reviewed and altered/rejected by the government in cases pertaining to national security. (The report includes technologies in this list, such as automobile and telecom technology which I would think are most likely not key to Korea’s national security. But having a regulatory body in place to make decisions (as opposed to leaving the matter open to the court of public opinion) about what does and does not constitute national security is a smart idea.
To this, I would add the following (note that the list for corporations is longer, because frankly, this is a matter to be dealt with by savvy business leaders, not national regulators):
1. For the government:
a. Fund the hell out of Korean technology and research universities, and demand only the best from all higher level educational institutions.
b. Vigorously prosecute instances of trade secret theft and punish offenders harshly. Don’t back down from prosecuting Chinese companies and taking such issues up with the WTO.
2. For companies:
a. Fund the hell out of employee development programs. Create lucrative incentives for technology employees to be innovative.
b. Create less hierarchical and more performance-based systems for promotions (kudos to Samsung here, which has done better than any other Korean firm in this department).
c. Create joint programs with Korean universities to retain Korea’s best talent.
d. Scout the best talent from foreign firms
e. Get out there in the market and do your own foreign M&A shopping – that equilibrium can work both ways.