Listings: ALB Asia IP Rankings 2025
Asia Embraces Intellectual Property Reforms in 2020-2025
Asia has witnessed a flurry of intellectual property (IP) legal reforms and developments over the past five years, with countries across the region strengthening their IP protection, enforcement, and compliance measures. Here's a snapshot of some key changes:
Thailand and Vietnam Establish Specialised IP Courts
In 2024, Thailand and Vietnam established specialised IP courts to handle IP-related disputes more efficiently. These courts will begin operations in major cities in 2025, aiming to streamline the IP litigation process and ensure fair and swift resolution of IP disputes.
China Extends Drug Patents and Introduces AI-Powered Copyright Protection
Under the new Chinese Patent Law, pharmaceutical companies can now extend their drug patents by up to five years. Additionally, China introduced the Copyright AI Intelligent Review Tool, an AI-powered system designed to streamline copyright protection and improve the efficiency of copyright enforcement.
India Strengthens Patent Protection and Safeguards Trade Secrets
India granted over 100,000 patents in 2024 and enacted the Protection of Trade Secrets Bill 2024, its first-ever comprehensive law to safeguard trade secrets. The country also overhauled its Patent Rules in 2024, streamlining the examination process and enhancing operational efficiency.
ASEAN Countries See a Surge in IP Filings
Trademark applications, patent filings, and industrial design registrations have seen a significant increase in ASEAN countries between 2020 and 2022. The region has witnessed a surge in IP activity, reflecting the growing importance of IP protection and the increasing innovation in the region.
Japan Updates Copyright Act, Patent Act, and Trademark Act
Japan updated its Copyright Act, Patent Act, and Trademark Act in 2024 to strengthen protection and enforcement and comply with international standards. The country also published the AI Guidelines for Business, encouraging AI companies and governments to put appropriate safeguards in place to respect copyright-protected content.
Indonesia Expands Scope of Patentable Subject Matter
Indonesia enacted Law No. 65 of 2024, expanding the scope of patentable subject matter to include systems, methods, and uses, with explicit provisions for computer-implemented inventions.
South Korea Introduces Trademark Coexistence Agreement System and Expands Definition of Patent Infringement
South Korea introduced a Trademark Coexistence Agreement System in May 2024, benefiting foreign brands entering the Korean market. The country also expanded its definition of patent infringement to include exports.
Japan Relaxes Requirements for Registering Trademarks
Japan relaxed requirements for registering trademarks containing another person's name, allowing registration without their consent in certain circumstances. The country also revised its Trademark Act in 2024, introducing a consent letter system for trademark applications similar to earlier registered marks.
Japanese Government Approves IP Strategic Program 2024
The Japanese government approved the IP Strategic Program 2024, aiming to create a thriving IP ecosystem to support innovation. Starting in 2025, the Japan Patent Office will speed up the examination process for design patent applications filed by startups.
Malaysia Updates IP Laws to Address Emerging Challenges
Malaysia has been updating its IP laws to deal with emerging challenges, particularly in the area of intangible assets and AI.
South Korea Undergoes Significant IP Law Reforms in 2024
South Korea undertook significant IP law reforms in 2024, including updates to the Patent Act, Trademark Act, and regulations on national security-related secrecy violations.
APEC Focuses on Strengthening IP Rights in the Digital Economy and Trade
In regional cooperation efforts, APEC members committed to promoting IP rights to foster innovation and creativity linked to the digital economy. They emphasize bridging digital divides, enhancing trust in digital transactions, facilitating cross-border recognition of electronic trade documents, and engagement with traditional knowledge holders.
Regulatory Tightening on Cross-Border Listings and Disclosures
Regulatory bodies like the US SEC have proposed stricter disclosure and eligibility criteria for foreign companies, particularly those connected to China. Concurrently, Chinese regulators have increased scrutiny on offshore listings, extending review processes for sensitive issuers, which has broader implications for IP-sensitive data and corporate governance in listed companies.
Heightened Export Controls Affecting Technology and IP
The United States has imposed strict export restrictions on Chinese technology firms, especially semiconductor chips like Huawei’s Ascend series. These controls affect the use, transfer, or re-export of technology embedded with US-origin software or production processes and carry strong penalties, impacting cross-border IP flows and technology transfers.
China's Judicial Use of Anti-Suit and Anti-Anti-Suit Injunctions in IP Disputes
Chinese courts have increasingly employed anti-suit and anti-anti-suit injunctions, particularly in cases involving standard essential patents and FRAND (Fair, Reasonable, and Non-Discriminatory) licensing. This aims to regulate multiple litigations but has raised concerns about potential abuses favoring domestic companies by limiting foreign parties' access to courts outside China.
These reforms reflect a broader trend of balancing innovation encouragement, national security concerns, and geopolitical frictions within Asia’s IP landscape during 2020–2025. The evolving legal milieu requires stakeholders to navigate complex IP enforcement, cross-border compliance, and digital transformation challenges across jurisdictions.
[1] Source: World Intellectual Property Review [2] Source: The Diplomat [3] Source: APEC [4] Source: The Wall Street Journal
- Law firms dealing with intellectual property (IP) disputes may expect an increase in cases due to the new specialized IP courts established in Thailand and Vietnam, which aim to streamline the IP litigation process.
- As China extends drug patents and introduces AI-powered copyright protection, medical-conditions and health-and-wellness companies may need to engage more with law firms to ensure compliance with the new regulations.
- The surge in IP filings in ASEAN countries could potentially lead to an increase in competition and disputes among companies, necessitating the expertise of law firms in resolving these conflicts.
- With Japan relaxes requirements for registering trademarks and updates its IP laws, companies dealing in health-and-wellness, science, and technology may need to familiarize themselves with the new regulations to protect their intellectual property rights.
