2023 International IP Index (2024)

2023 International IP Index - Full Report

2023 International IP Index - Executive Summary

2023 International IP Index - Addendum

Published

February 21, 2023

The International IP Index creates a roadmap for economies seeking to strengthen the ecosystem for innovation and creativity through more effective IP standards.

Intellectual property (IP) was critical to how nations, businesses, and individuals managed through and emerged from the COVID pandemic.

Through therapeutics, vaccines, and technology that helped us remain connected, protected, entertained, and informed, IP was pivotal to our ability to work together and for the global economy to recover.

Despite these achievements, policies like the World Trade Organization's move to eliminate IP protection for vaccines incentivize political scapegoating over investing in solutions. This threatens the global framework for IP protections and jeopardizes the future of innovation.

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2023 International IP Index (1)
Country2023IPIndexScore2023IPIndexRanking
United States95.48%1
UK94.14%2
France93.12%3
Germany92.46%4
Sweden92.14%5
Japan91.26%6
Netherlands90.70%7
Ireland89.36%8
Spain86.44%9
Switzerland86.00%10
Singapore84.94%11
South Korea84.44%12
Italy83.90%13
Australia80.68%14
Hungary76.90%15
Canada75.72%16
Israel72.72%17
Greece70.92%18
Poland70.74%19
New Zealand69.28%20
Taiwan66.31%21
Morocco62.26%22
Mexico58.98%23
China57.86%24
Costa Rica54.56%25
Dominican Republic54.28%26
Malaysia53.44%27
Turkey51.07%28
Peru49.82%29
Chile49.72%30
Colombia48.84%31
UAE46.00%32
Jordan44.70%33
Saudi Arabia42.38%34
Honduras42.16%35
Brazil42.02%36
Philippines41.58%37
Brunei41.08%38
Ghana40.88%39
Vietnam40.74%40
Ukraine39.74%41
India38.64%42
Thailand38.28%43
Kenya37.36%44
South Africa37.28%45
Argentina37.00%46
Nigeria33.34%47
Egypt32.82%48
Ecuador30.68%49
Indonesia30.42%50
Kuwait28.42%51
Pakistan27.42%52
Algeria26.36%53
Russia25.02%54
Venezuela14.10%55

It's important for decision-makers to remember the innovation and creativity ecosystem is not inevitable. From small startups to major corporations, innovators and creators of all stripes depend on a framework of laws that provides a pathway for investments in the exciting, cutting-edge products and services of tomorrow. The hope of a brighter future is only possible through the rule of law.

The International IP Index (Index), created by the U.S. Chamber of Commerce, is a powerful tool for assessing the strength and effectiveness of IP frameworks established by policymakers worldwide. It provides invaluable data that can be used to not only support arguments, but to inspire real policy changes to drive innovation forward and shape a more promising future.

The 2023 Index highlights a crucial turning point in the global IP landscape. As multilateral organizations continue to debate the future of IP and some of the world's major economies—including the United States—propose unsettling policy changes, the decisions to be made by policy makers will carry unprecedented weight.

Policymakers have a choice: they can help spur innovation and creativity or stop it altogether. Those choices can help create jobs and growth or mix the cement of stagnation.

The Index illustrates that the choice is clear: we can harness IP to help deliver the economy of tomorrow. But we must work together to do it.

The Chamber is proud to stand alongside innovators and creators from around the globe urging decision makers to step up and take a leadership role to protect IP rights. The Index serves as a valuable tool to help guide them, with everyone standing to benefit from the fruits of our shared labor.

Twenty-eight economies’ scores remained unchanged, illustrating that progress to improve global IP protection may be stagnating.

  • However, there was still modest progress to strengthen IP protection in some global markets, with scores improving in 18 economies, while nine took steps backwards.
  • Morocco,Thailand, and Vietnam had the largest improvements in their overall score at 2.5%, 2.5%, and 2.02% respectively.
  • Asia had the greatest improvement in the regional average score as a result of score improvements in Malaysia and Singapore, in addition to Thailand and Vietnam.
  • Russia’s score dropped 21.62% as a result of a series of measures taken by Russia targeting international rightsholders.

Economies are threatening to weaken the framework for IP-driven innovation through discussions at the multilateral organizations and in capitals.

  • IP was critical to the research & development of innovative vaccines, therapeutics, and diagnostics that underpinned the global response to COVID-19. IP rights facilitated 143 licensing agreements in 31 different countries for COVID-19 therapeutics alone, in turn ensuring that global supply well exceeds demand.
  • Yet, ongoing negotiations within the World Trade Organization (WTO) and World Health Organization (WHO) to waive IP rights will undermine the innovation ecosystem that was pivotal to combatting COVID-19 and threaten the ability to respond effectively to the next major global public health threat.
  • Following the 2021 Executive Order on Promoting Competition in the American Economy and the passage of the Inflation Reduction Act, policymakers in the United States are considering changes to the patent framework to address concerns with drug prices[i] that will undermine the U.S. life sciences ecosystem and the many U.S. jobs supported by IP-driven innovation.
  • Likewise, policy proposals under consideration in the European Union that condition IP protection, reduce the term of regulatory data protection, and undermine investment in rare disease treatments will jeopardize the EU’s long-standing leadership on IP-driven innovation.

Mobile technologies like 5G, which helped consumers remain connected during the global pandemic, also generate a significant, positive economic impact.

  • While the deployment of 5G has already contributed over $100 billion to U.S. GDP, studies estimate that the 5G standard will contribute $1.5 trillion to U.S. GDP and create or transform 16 million U.S. jobs by 2025.
  • The continued deployment of 5G and other information and communications technologies (ICT) is dependent upon economies creating an enabling environment through strong IP standards. The Index illustrates how economies with the most effective IP frameworks are more likely to have increased availability of ICT technologies, a stronger digital environment, and greater ability to deploy 5G.
  • However, economies that utilize localization policies, onerous licensing requirements, and forced technology transfer will stymie the development of new ICT and mobile technologies, including 5G.

Building upon the positive momentum on copyright enforcement in the tenth edition of the Index, many economies continued to take steps to address copyright-infringing content online in 2022.

  • In Latin America, Peru’s national IP Office (INDECOPI) and Brazil’s “Operation 404 against piracy” disabled access to hundreds of websites hosting pirated content.
  • In Canada, the Federal Court issued a dynamic injunction order requiring Canadian ISPs to disable access to illegal live streaming of National Hockey League matches online.
  • In the United States, a U.S. District Court issued injunctions ordering U.S. ISPs to disable access to copyright-infringing content online. However, the U.S. still lacks a comprehensive, modern statutory framework to combat online commercial piracy.

Twenty-three economies achieve a score of 70% or more and 30 economies achieve a score of 50% or more in the patent indicators. The average score on the category is 59.31%, which is the fifth highest scoring category on the Index.

  • While Brazil’s Supreme court declared that a 10-year term of patent exclusivity was unconstitutional in 2021, in a positive development in 2022, a member of the Brazilian Chamber of Deputies introduced draft legislation to provide a period of patent term restoration.
  • China’s Supreme Court issued the first judgement related to its early resolution mechanism, which provided clarification on the mechanics of the notification process and the responsibilities of follow-on applicants.
  • In Malaysia, amendments to the Patent Act created a defined pathway for post-grant opposition proceedings.

Thirty economies achieve a score of 50% or more on the copyright indicators. The average score on the category is 49.70%.

  • In Brazil, the National Telecommunications Agency and the national Film Agency signed a cooperation agreement to create a new administrative injunctive relief mechanism targeting online piracy.
  • Thailand enacted a new Copyright Act that creates a notice-and-takedown system, defines liability for service providers, and creates additional remedies for the circumvention of technological protection measures (TPMs).
  • Vietnam amended the Copyright Law to promote cooperative action against online piracy and provide intermediaries with defined responsibilities related to copyright infringement.

Only ten of the 55 sampled economies fail to score 50% or more on this category. Overall, the average score on this category was 62.39%.

  • The Saudi Authority for Intellectual Property (SAIP) continued to improve its enforcement efforts by disabling access to over 3,000 websites hosting infringing content and conducted over 5,000 physical in-person visits to investigate the sale of IP-infringing goods.
  • In France, a 22-month special operation conducted against the online sale of counterfeit toys and children’s articles resulted in the seizure or take down of over 16 million counterfeit goods.
  • In Thailand, the Memorandum of Understanding (MOU) between rightsholders, online retailers, and the Thai Government has resulted in increased enforcement efforts against counterfeit goods available online.

Most economies included in the Index have in place some form of statutory law defining design rights and a term of protection for registered design rights. The average score on this category this year was 63.77%.

  • China and Morocco both became a full contracting parties to the Hague Agreement.
  • Brazil’s Senate and Chamber of Deputies also approved accession to the Hague Agreement, though the accession has not yet been formalized.

Overall, only 23 of the 55 economies included in the Index achieved a score of 50% or more on this category while 22 economies achieved a score of 33.33% or less. The average score on this category is the weakest on the Index at 48.97%.

  • While Vietnam passed amendments to its Law on Intellectual Property, the amendments did not resolve the lack of clarity on availability of regulatory data protection (RDP).
  • The U.S. State Department’s 2022 Investment Climate Statement stated that the Saudi Food and Drug Authority and SAIP reaffirmed their support for the availability of RDP in the Kingdom.
  • While the UAE published new Executive Regulations in 2022, the regulations did not clarify existing uncertainty around the availability of an eight-year RDP term.

Twenty economies fail to achieve a score of 50% or more, with a 13 scoring 33.33% or less on the category. The average score on this category was 58.62%.

  • China’s new Anti-Monopoly Law expands the government’s basis for action against anti-competitive behavior and substantially increases fines and penalties including with respect to IP rights.
  • Following the WTO ruling on Turkey’s discriminatory biopharmaceutical market access and localization policies, the Turkish government committed to implementing the panel’s recommendation in a matter consistent with their WTO obligations.
  • New legislation in Thailand improved the technology transfer environment by providing IP-based incentives for the commercialization of academic and publicly funded research.

A majority of the sampled economies in the Index struggle on this category with only 23 Index economies achieving a score of 50% or more. Only 11 economies achieve a score of 75% or more. The average score on this category is 50.10%.

  • In Malaysia, the government has taken action in 500 cases of physical sales of set-top boxes and disabled access to over 2,000 websites.
  • A new law in Chile, which entered in to force in January 2022, introduced statutory damages for trademark infringement.
  • In Indonesia, the government increased inspections of shopping malls and created a program to certify legitimate physical and online places of commerce.

Many economies outperform their overall Index scores on this category, with countries such as Brazil, Colombia, India, and the Philippines achieving a score 70% or more. Overall, the average score on this category is one of the strongest on the Index, at 62.73%.

  • Morrocco launched new technical assistance programs for academic researchers, research institutes, and small and medium-sized enterprises (SMEs) on the commercialization of IP assets.
  • The Korean Intellectual Property Office provides SMEs with educational and technology assistance programs that has resulted in an increase in patent applications by SMEs.
  • The UK’s new IP Counter-Infringement Strategy 2022-2027 seeks to strengthen the UK’s already world-class enforcement environment by improving coordination of activities related to IP infringement.

Many economies achieve a high score on this category with 22 economies achieving score of 75% or more and 14 economies achieving a score of over 96%. This category remains one of the stronger overall categories on the Index achieving an average score of 62.70%.

  • Vietnam and Thailand both acceded to parts of the WIPO Internet Treaties in 2022.
  • Morocco acceded to the Singapore Treaty and is now a full member of each of the two trademark-related treaties included in the Index.
  • Chile acceded to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
  • Nigeria became a full contracting party to the Convention on Cybercrime with the treaty entering into force in November 2022.

[i]The Chamber’s Patient Access Report will examine the specific impact price controls and market access barriers have access to innovation in the U.S. and foreign markets. The report will be released in March 2023.

2023 International IP Index - Full Report

2023 International IP Index - Executive Summary

2023 International IP Index - Addendum

Topics

  • Intellectual Property
  • International
2023 International IP Index (2024)

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