India and Reverse Engineering: The OEM Dilemma
India often faces challenges in acquiring the right technology to manufacture its own hardware and develop software. Original Equipment Manufacturers (OEMs) are generally unwilling to share their technology, as they have invested significant time and money in its development. When they do agree to disclose it, they charge a fees commonly known as a license fee.
Historically, India has relied on purchasing technology from OEMs through these license fees whenever setting up factories or acquiring computer software. This policy has been largely successful, as it helps India avoid major copyright litigation. While minor instances of copying have occurred, they have had little consequence. As a democratic country with a free press, India would face serious legal repercussions if any infringement were discovered, especially depending on the scale and value of the copied technology. Therefore, as a matter of policy, paying license fees has been considered both legitimate and beneficial. It also allows Indian businesses to maintain direct contact with OEMs, receive ongoing technical support, and ensure product quality that is comparable to the original.
In contrast, China has taken a different approach, mastering the art of copying and reverse engineering over the past 25 years. China has benefited from a massive influx of free technology from the U.S., along with substantial Foreign Direct Investment (FDI). Western countries, including the U.S., reluctantly provided technology to China to maintain the quality of Chinese-manufactured goods, which they needed for their own markets. This arrangement worked well for China.
However, China was more ambitious and sought access to every aspect of Western technology including military technology, which the West would never willingly share. This is where China’s large-scale copy-and-reverse-engineering strategy emerged. As a tightly controlled society, China can effectively conceal such practices from the outside world. Over the past two decades, the Chinese government has built an extensive bureaucracy dedicated to copying and reverse engineering. Additionally, Chinese students who return home after studying abroad, particularly in the U.S., are often recruited to leverage their expertise. Today, China’s capability in reverse engineering is so advanced that it can replicate virtually anything in a short period. Even military technologies from around the world have been copied, providing China with a significant cost advantage often producing goods at half the price of their Western counterparts. While quality issues remain, particularly in military equipment, China is actively working to improve them.
India technically has the option to adopt a similar approach but has chosen not to. In an open and democratic society like India, secrecy is difficult to maintain, and any instance of unauthorized copying would eventually be exposed. If discovered, OEMs would withdraw their support, and India would risk becoming an untrustworthy state, limiting its ability to do business with global partners. In contrast, China’s strict control over information allows it to avoid such consequences.Therefore, India’s policy of discouraging copying and reverse engineering is the right one except in a few critical areas, such as military technology, where OEMs refuse to share their expertise under any circumstances.