Trump’s late triumph in the fight to wrest back his brand for construction services could prove to be the first of many intellectual property victories in China during his presidency.
SHANGHAI – President Donald Trump is poised to receive something Tuesday that he has been trying to get from China for a decade: trademark rights to his own name. After suffering rejection after rejection in China’s courts, he saw his prospects change dramatically after launching his presidential campaign.
Trump’s late triumph in the fight to wrest back his brand for construction services could prove to be the first of many intellectual property victories in China during his presidency. Each win creates value for Trump’s business empire, and ethics questions about his administration.
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At stake are 49 pending trademark applications and 77 marks registered under his own name, most of which will come up for renewal during his term. The president could also claw back control of more than 225 Trump-related marks held or sought by others in China, for items including toilets, condoms, pacemakers and even a “Trump International Hotel.”
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Ethics lawyers say the trademarks present conflicts of interest for Trump and may violate the emoluments clause of the U. S. Constitution, which bars public servants from accepting anything of value from foreign governments unless explicitly approved by Congress.
Countries could use Trump’s desire to control his brand to extend – or withhold – favour, especially a nation such as China where the courts and bureaucracy reflect the imperatives of the ruling Communist Party.
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“There can be no question that it is a terrible idea for Donald Trump to be accepting the registration of these valuable property rights from China while he’s a sitting president of the United States,” said Norman Eisen, who served as chief White House ethics lawyer for President Barack Obama. “It’s fair to conclude that this is an effort to influence Mr. Trump that is relatively inexpensive for the Chinese, potentially very valuable to him, but it could be very costly for the United States.
