Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Key Takeaways from the U.S. Chamber’s Latest International IP Index

Author: Scarinci Hollenbeck, LLC

Date: April 1, 2019

Key Contacts

Back

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) Recently Released its International IP Index

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) recently released its International IP Index. The annual report evaluates the intellectual property (IP) environments of 50 world economies and ranks them based on 40 different indicators. The indicators are divided into eight categories of IP protection: patents, copyrights, trademarks, trade secrets, commercialization of IP assets, enforcement, systemic efficiency, and membership and ratification of international treaties.

As in the past, the International IP Index highlights that investment in IP protection leads to tangible economic growth. In fact, IP-driven economies are 55 percent more likely to adopt sophisticated, state-of-the-art technology, and are 26 percent more competitive overall. In addition, these economies are twice as likely to produce and export complex, knowledge-intensive products and 30 percent more likely to attract venture capital and private equity funds.

“The results of this year’s Index illustrate a growing global commitment to IP-driven creativity and innovation,” said David Hirschmann, president and CEO of GIPC. “The majority of countries took steps to strengthen their IP systems and foster an environment that encourages and incentivizes creators to bring their ideas to market. While a clear pack of leaders in IP protection top the rankings, the leadership gap has narrowed in a new global race to the top. There is still work to be done, and we hope governments will use this Index as a blueprint to further improve their IP ecosystems and grow competitive, knowledge-based economies. When countries invest in strong IP systems, we all benefit.”

Significant IP Trends

This year’s International IP Index added several new indicators. Four new indicators focus on commercialization of IP assets and market access: barriers to technology transfer; registration and disclosure requirements of licensing deals; direct government intervention in setting licensing terms; and tax incentives for the creation of IP assets.

In addition, the Index includes two new indicators on trade secrets and systemic efficiency: protection of trade secrets (criminal sanctions) and targeted incentives for the creation and use of IP assets for small and medium-sized enterprises (SMEs).

The United States again received the top overall ranking, earning the distinction of the strongest intellectual property regime in the world. The United States also improved its ranking with respect to patent rights, climbing from the twelfth to second spot.

“The improvement is a result of U.S. Patent and Trademark Office (USPTO) reforms, which amount to a modest course correction while creating greater certainty around the inter partes review (IPR) process,” the report states. “This should help to reduce unpredictability in the patent opposition system in the U.S.”

The report also noted several weaknesses U.S. IP system. They included a 2018 congressional proposal for compulsory licensing as a pharmaceutical cost containment policy; continued uncertainty over patentability for high-tech sectors; and the lack of a targeted legal basis for addressing online piracy in line with other global leaders.

Below are several other key takeaways:

  • Increase in global trade disputes: The report notes that the current trade dispute between China and the U.S. brought much-needed attention to long- standing issues that create significant challenges for IP-intensive industries globally.
  • Strides by developing countries: In Asia, India’s score improved, climbing eight places in the rankings from 44th in 2018 to 36th in 2019. While broader challenges remain, the increase is a result of specific reforms that better align India’s IP environment with the international IP system, including its accession to the WIPO Internet Treaties, the agreement to initiate a Patent Prosecution Highway (PPH) with Japan, a dedicated set of IP incentives for small business, and administrative reforms to address the patent backlog. In Latin America, the government of Brazil utilized programs and incentives to help SMEs create and register IP assets, serving as a model for how countries can leverage IP. In Argentina, the government introduced reforms to streamline the patenting process, increase international cooperation on IP, and bolster transparency and stakeholder engagement. As a result, Argentina’s overall score increased by 15% and improved in the rankings from 46th in 2018 to 40th in 2019.
  • USMCA sets new standard for IP protection internationally: The report highlights that the U.S.-Mexico-Canada Agreement (USMCA) includes provisions to help harmonize and strengthen IP protection across North America, including a 10-year term of regulatory data protection for biologics, more effective trade secrets protection, and stronger enforcement mechanisms against counterfeit goods, including those in-transit. “As the U.S. looks to additional trade negotiations with the UK, Japan, and the EU, future agreements should address the areas where the USMCA falls short of the Index standard on indicators covering secondary liability, statutory damages obligations, and requirements for injunctive-style relief,” the report states.
  • Measures that undermine the reliability of patents: The report highlights that several governments have undertaken measures that reduce the reliability of patents as a vehicle for return on investment. Specifically, the governments of Chile, Colombia, and Peru are considering utilizing compulsory licenses on Hepatitis C medicines to address price concerns. “Compulsory licenses undermine legal certainty and jeopardize the availability of future innovative medicines in the region,” the report states.

As the International IP Index highlights, IP protection is increasingly important to the global markets. For businesses which operate internationally, it is essential to protect your trademarks, patents, copyrights, and trade secrets on a global level. For assistance developing a comprehensive worldwide IP protection strategy, we encourage you to contact a member of the Scarinci Hollenbeck Intellectual Property Group.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, David Einhorn, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!