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CHINA

China's theft of IP has often been cited as one of the reasons for its significant growth in technological expertise and market share. In July 2019, the Chief Executive Officer of the National Cyber Security Centre (NCSC) told us:

"In our role trying to defend the UK from cyber-attacks, China's ambitions to steal IP is one of the principal things that we worry about. When we analyse how that whole attack ecosystem works … it's about China … using whatever means they can to attack a range of western organisations for their valuable Intellectual Property and then find use [of that IP] to China."

As such, it is clear that China's pursuit of key emerging technologies poses an increasing threat to UK Itellectual Property, including via UK universities and research institutions. The vast number of Chinese students—particularly post-graduates—in academic institutions in the UK that are involved in cutting-edge research must therefore raise concerns in this respect given the access and opportunities it affords them.

The United States (US) has already recognised this threat and has very publicly taken action to counter it. In 2020, then-President Trump issued a Presidential Proclamation imposing additional entry requirements on post-graduate Chinese students with a demonstrable link to the CCP for study in the US. The Presidential Proclamation notes:

"The PRC [People's Republic of China] authorities use some Chinese students, mostly post-graduate students and post-doctorate researchers, to operate as non-traditional collectors of intellectual property. Thus, students or researchers from the PRC studying or researching beyond the undergraduate level who are or have been associated with the PLA [People's Liberation Army] are at high risk of being exploited or co-opted by the PRC authorities and provide particular cause for concern."

The Presidential Proclamation led to the US Department of State revoking many existing visas for Chinese students and denying other visas to prospective Chinese students. At the time of writing, the Proclamation remains in force under the Biden Administration—meaning the new Administration also recognises the enduring threat posed by Chinese students.

With US Academia becoming an increasingly hard target for Chinese students, it is likely that more Chinese students will seek to study at UK academic institutions—meaning that UK IP and information is increasingly vulnerable. This concern is supported by public research. According to the Australian Strategic Policy Institute, the People's Liberation Army has sent approximately 500 military scientists to UK academic institutions in the period 2007-2017. The author of the document suggested that the UK is a primary destination for Chinese military scientists studying abroad. In some cases, these students