Publications: Eli Clemens

Certain Chinese companies obscure their ownership and strategic intent in the U.S. economy, gaining access to markets, talent, intellectual property, and subsidies. These practices advance China’s industrial and military goals and necessitate stronger oversight measures.

A productive approach to emerging workplace technologies would focus on two overarching goals: 1) accelerating development, testing, and adoption, and 2) supporting positive uses of the technology while mitigating negative ones.

ITIF recommends that USTR include Temu, AliExpress, and SHEIN on the 2025 Notorious Markets List because all three platforms meet USTR’s criteria as notorious online markets. They facilitate systemic trafficking in counterfeit goods, harming U.S. right holders, undermining fair competition, and placing U.S. consumers at risk.

Chinese e-commerce platforms facilitate sales of counterfeit products, threatening U.S. intellectual property, fair competition, and consumer safety. Policymakers should take action to hold these platforms accountable and protect American consumers and businesses.

The OECD guidelines are a critical step in shaping how global e-commerce operates. But unless they reflect the geopolitical and regulatory asymmetries that define today’s counterfeit trade, they will fall short of their ambition.

State bans on data-driven pricing could backfire by eliminating personalized discounts that help consumers. A better approach is to enforce existing laws, pass federal privacy rules, and clarify what fair pricing looks like.

Chinese e-commerce platforms are profiting from large-scale design theft that undermines independent creators on sites like Etsy. U.S. policymakers should respond with stronger IP enforcement and trade regulations to protect the American creative economy.

In Law360, Eli Clemens argues that international anti-counterfeiting efforts must directly confront China’s central role in the counterfeit trade, or risk rendering global enforcement guidelines ineffective.

Counterfeit drugs are flooding U.S. supply chains—fueled by third-party sellers, drop-shipping, and weak online pharmacy oversight. The fentanyl crisis highlights the danger, but the issue runs deeper. Enforcement alone isn't enough. Congress and regulators must embrace digital solutions like blockchain, RFID tagging, and tamper-proof packaging to secure drug traceability and protect public health.

The increasing presence of Chinese payment platforms in the U.S. market raises significant concerns around three risks: economic competition, censorship, and national security.