East and Southeast Asian countries experience with Patenting and technology development in the Integrated Circuits Industry

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East and Southeast Asian countries experience with Patenting and technology development in the Integrated Circuits Industry Rajah Rasiah (draft) Professor of Technology and Innovation Policy and Holder of Khazanah Nasional Chair of Regulatory Studies University of Malaya Presentation prepared for the WIPO conference, The Economics of Intellectual Property, Geneva, 4-5 December 2011.

1. Introduction Comparing technology policies of different countries is never easy. The economic importance of patenting is a function of industry type, the level of development and trade structure of the firm. Although the evidence is not as convincing as in pharmaceuticals, patent filing in the integrated circuit (IC) has been strong. The need for patenting increases as firms move closer to the technology frontier. National firms China s multi-path approach differs significantly from policies of smaller East and Southeast Asian economies Some countries have explicit technology policy with strong government support e.g. Singapore and Malaysia. Some countries have ad hoc technology-related policy instruments e.g. Thailand, Indonesia, Philippines and Viet Nam. Some countries have no clear policy blueprint on technology promotion e.g. Brunei, Cambodia, Laos and Myanmar. Japan, Korea and Taiwan province of China have enjoyed most pronounced development of patenting in the US in ICs among the East and Southeast Asian national firms. Given its earlier development, this presentationexcludes Japan.

2. Policy Types Sectoral technology promotion policies on the basis of existing endowments or based on strategic policy decisions drove technological catch up in ICs in Korea and Taiwan province of China. Both economies have enjoyed strong patent take up in the US. China has a multi-path approach that varies from national funding of technology ventures (especially in high tech clusters ) to county and province driven initiatives (e.g. button cluster in Qiaotou) or the EPZ framework of Shenzen. Singapore has matured from EPZ framework to leveraging framework to drive technological upgrading to level 4 activities. Foreign MNCs enjoy grants for upgrading. Malaysia has both the EPZ framework and efforts to finance technological upgrading. General guidelines for technology promotion without any strategic emphasis (Indonesia, Thailand, Philippines and Viet Nam). EPZ framework. No serious emphasis (Brunei, Cambodia, Laos and Myanmar).

3. Typology of Technological Capabilities by Level of Development General classification of systemic development of technological capabilities (see Table 1). Government policy in the successful countries such as Japan, Korea and Taiwan Province of China changed as firms moved from level 1 to level 5 activities. Incentives are strong drivers of catch up from level 1 to 2 and level 3. Grants are the major driver of a shift to levels 4 and 5. Direct government support critical in formative years in IC development. Technology transfer agreements, and strong vetting, monitoring and appraisal ex post critical to prevent dissipation of rents. Singaporean strategy successful in coordinating smoothly quick changes to macroinstitutions to support upgrading essential to support continuous expansion in value added. Government policy has driven many industries to frontier phase in Singapore (level of designing and adaptive R&D). Some industries in China have attained level 4 sophistication (e.g. buttons, clothing). No industry have moved significantly to level 4 activities that involves strong participation in R&D in the second-tier NIEs of Southeast Asia. Singapore shows strong involvement in level 4 activities, while Korea and Taiwan Province of China have reached level 5 activities. Figure 5 shows the importance of levels 4 and 5 activities with a focuson R&D as the highest stage of public goods. Only Korean and Taiwan province of China firms in the group havestrong IC patent take up in the US (see Figure 3). Singapore (e.g. Avago), China (e.g. Hong Hua) and Malaysia (e.g.silterra) have significantly fewer patent take up in the US.

Table 1: Policy Focus on Driving Systemic Pillars Initial Conditions (1). Myanmar Learning Phase (2). Cambodia and Laos Catch Up Phase (3). China, Malaysia, Philippines, Thailand, Viet Nam Advanced Phase (4). Singapore Frontier Phase(5) Korea and Taiwan Province of China Basic Infrastructure Political stability and efficient basic infrastructure Strengthening of basic infrastructure with better customs and bureaucratic coordination Smooth integration with all institutions in 4 pillars Advanced basic infrastructure instruments to support short lead times Novel basic infrastructure support instruments to support short lead times High Tech Institutions Network Cohesion Integration in Regional and Global Markets Critical mass of economic agents Import, learning by doing and duplicative imitation. Human capital development Import, creative duplication and innovation. Developmental research. Creative destruction is a major source of technological catch up (Schumpeterian Mark I). IPR regulation becomes strong from this phase. Developmental research to support accelerate creative destruction (schumpeterian Mark 1). Strong filing of patents in the US starts here. Basic research. Creative accumulation (Schumpeterian Mark II system). Generating knowledge new to the universe. Technology shapers generate invention and design patents extensively here Social bonds driven by the spirit to compete and achieve Expansion of tacitly occurring social institutions to formal intermediary organizations to stimulate connections and coordination between economic agents Participation of intermediary and government organizations in coordinating technology inflows, initiation of commercially viable R&D Strong participation of intermediary and government organizations in coordinating technology inflows, initiation of commercially viable R&D Participation of intermediary organizations in two-way flow of knowledge between producers and users Integrated in global economy Access to foreign knowledge through machinery and equipment import and FDI Integration in global value chains Access to foreign knowledge through licensing, acquisition of foreign companies and imitation. Access to imports and exports. Upgrading in global value chains starts here. Access to R&D human capital and collaboration with R&D institutions, high tech resources and markets abroad. Connecting to frontier nodes of knowledge, and exports of new products.

Figure 1: Knowledge Synergies Associated with Research Non-monetary knowledge spillover Research Knowledge Patents, designs, layouts and trade secrets Development Commercialization Innovation MONEY Knowledge Synergies Time t-3 t-7 t-6 t-5 t-4 t-2 t-1 t0 t1 t2 t3 t1 t2 t3

Figure 2: Value Chain of ICs, 2010 Value Added Capacity Implant Development and Specifications Marketing Chip Design Wafer Fabrication Sales Assembly Packaging and Test Stages in Value Chain Source: Adapted from Marsh (1981)

Figure 3: Patents Granted in the United States, Top IC Firms, 1982-2009 (Numbers) Source: USPTO (2010)

4. Industry Specific Example of Leveraging on MNCs Leveraging strategies of governments depend on the level of economic development of host-sites. The level of technological infrastructure and policies is reflected in the IC trade balance, specialization in IC stages and patent take up shown infigures 3-4, and revenue performance of national firms shown in Tables 2-3. Malaysia in 1990 and Philippines positive balances distorted by tax holidays enjoyed by MNCs. Korea has enjoyed positive trade balance in 1990-2008. LDCs of Cambodia, Laos and Myanmar do not have any IC firm with critical size. They could appropriate IC synergies by attracting application specific circuit assemblies to drive automation of processing and assembly industries. Taiwan Province of China s and Singapore s trade balance improved dramatically to become strongest in 2008. China s trade balance seriously negative. In such a high technology industry the shift from knowledge adaptation activity to R&D is important for China to reverse its current trade imbalance in the industry. MNCs with foreign names dominate IC manufacturing in Singapore whereas national firms dominate in Korea and Taiwan Province of China. National-owned Hua Wei (telecommunications) and Lenovo (computers) dominate in China. No National or foreign firm dominate in Malaysia, though, Intel,Motorola, Alterra and Agilent have designing activities in Penang, and Silterra, Infineon, Osram and 1 st Silicon undertake wafer fabrication activities.

4. Performance of IC Trade The level of technological infrastructure and policies is reflected in the IC trade balance shown in Figure 2. Malaysia in 1990 and Philippines positive balances distorted by tax holidays enjoyed by MNCs. Korea has enjoyed positive trade balance in 1990-2008. Taiwan Province of China s and Singapore s trade balance improved dramatically to become strongest in 2008. China s trade balance seriously negative. In such a high technology industry the shift from knowledge adaptation activity to R&D is important for China to reverse its current trade imbalance in the industry. MNCs with foreign names dominate IC manufacturing in Singapore whereas national firms dominate in Korea and Taiwan Province of China.

Table 2: World s Top Integrated Circuits Firms by Revenue, 2005 and 2008 (US$ Millions) Intel Samsung Electronics Texas Instruments TSMC* Toshiba STMicroelectronics Renesas Technology Qualcomm Sony Hynix Semiconductor Infineon Technologies AMD Nation United States Korea United States Taiwan P. China Japan Italy Japan United States Japan Korea Germany United States 2005 2008 Revenue Rank Revenue Rank 35395 1 34490 1 17838 2 20272 2 11300 3 11618 3 8217 8 10556 4 9045 4 10422 5 8870 5 10325 6 8266 7 7017 7 3457 18 6477 8 6420 9 5599 10 6182 10 8297 6 5903 11 3936 16 5808 12

Table 3: Market Share of World s Top DRAM manufacturers by Revenue, 1 st half of 2009 Rank Company Home Country Sales (US$ Millions) Market share (%) 1 2 3 4 5 6 7 8 9 Samsung Hynix Elpida Micron Nanya Powerchip Winbond ProMos Etron Korea Korea Japan United States Taiwan P. China Taiwan P. China Taiwan P. China Taiwan P. China Taiwan P. China 4,924 33.3 3,189 21.6 2,705 18.3 1,762 11.9 830 5.6 601 4.1 312 2.1 153 1.0 136 0.9 Others 183 1.2

5. Conclusions IC firms in East and Southeast Asia are in different levels of technology development. In a high tech industry such as ICs China has not evolved to thefrontier level 5 activities of Korea and Taiwan Province of China. Singapore is still very much at the level 4 stage. The assembly and Test activities of China is similar to that of Malaysia, Philippines and Thailand (Viet Nam is emerging now in this area). For China, Malaysia, Philippines, Thailand and Viet Nam to reachlevels 4 and 5 technological capability activity and enjoy positive tradebalance they must support R&D activities and strengthen the high tech infrastructure. Incentives and grants are critical in stimulating progression offirms from level 1 to level 5 activities with the former important in levels 2 and 3, while the latter in levels 4 and 5. Licensing, acquisition and government-subsidized or funded start ups were the entry routes of successful IC firms (patent take up in the US) in East and Southeast Asia. To prevent dissipation of rents, technology transfer agreements,and vetting, monitoring and appraisal critical to ensure movement offirms enjoying incentives and grants to reach level 5 activities.