US, UK top GIPC index
The United Kingdom has retained its second place in the tenth International IP Index, a repor t measuring the quality of global IP systems, which this year also warned against the prevailing global uncertainty over patent rights.
The report, entitled: “ Compete for Tomorrow” released by the US Chamber of Commerce Global Innovation Policy Center (GIPC) maps the IP ecosystem in 53 global economies representing over 90% of global GDP.
The US earned the top score again in the 2022 edition, while Germany, France, Sweden and Ireland also featured in the top 10 ranking.
Commenting on the findings, the UK Intellectual Property Offices (IPO)’s chief executive Tim Moss said: “It’s fantastic to see the UK recognised by the US Chamber of Commerce for our strong and sophisticated IP environment—ranked second within the global IP index.
“A strong IP system is vital to ensuring that the next generation of innovative and creative industries can compete for a better tomorrow, and embrace global challenges head-on.”
The UK’s innovation strategy, he added, has IP at its heart, and Moss welcomed how this result had “cemented the UK’s place as one of the best locations in the world for innovation to grow and thrive”.
The IPO’s new counter infringement strategy played a key role in the UK’s positioning, he noted.
“I was delighted to see our success in the report’s enforcement rankings, an area where we have long been a leader. Our new counter-infringement strategy will help us continue to lead the way in addressing the threat posed by IP crime at regional, national and international levels, through a world-class enforcement framework,” he said.
The US Chamber of Commerce is the world’s largest business federation representing the interests of more than three million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.
“By making the right policy choices, governments can accelerate innovation economies,” said David Hirschmann, president and CEO of GIPC. “As the data makes clear, effective IP systems encourage innovators and creators to embrace new ideas, take risks, and drive change.”
Out of the 53 economies included in both the ninth and tenth editions, 45 saw a net improvement in their scores. The United Arab Emirates (UAE), Nigeria, and Peru had the largest improvements in score at 4%, 3%, and 2%, respectively.
Since the inaugural edition of the IP Index, the average score of economies has increased by 1.5%—from 55.7% in 2012 to 57% in 2022.
The improvement was most pronounced in the patents and international treaties categories, which the report said signalled a growing understanding of ways patents drive innovation and the value of global harmonisation on IP standards.
Uncertainty over patent rights
But while high-income economies scored well on the patent-related indicators, there continues to be a degree of uncertainty about the availability of certain patent rights, said the report.
It pointed to the US, where uncertainty persists regarding patentable subject matter and patent nullity proceeding through the Patent Trial and Appeals Board.
In emerging markets, the study found that there was mixed progress in the arena of patents. While Brazil eliminated the prior consent requirement in the patent review process, the Brazilian Supreme Court revoked Article 40 of the Industrial Property Law that provides a 10-year term of patent protection.
In Russia, new amendments to the Civil Code Part IV introduced new patentability restrictions and provided further powers to override granted rights related to patents, utility models, and industrial designs, said the report.
Enforcement and protection
And while the index found that new tools to combat IP infringement online have helped strengthen protection for IP owners, many economies have struggled to provide adequate copyright protection as the growth and scale of online piracy increased over the last decade.
While rates of online piracy, signal piracy, and copyright infringement remain high in Latin America and Southeast Asia, the report noted that a number of economies had strengthened enforcement against copyright-infringing material online.
The Colombian and Peruvian governments ordered Internet Service Providers (ISPs) to disable access to copyright infringing material online in 2021, and in Brazil, “Operation 404 Against Piracy” took coordinated action to shut down torrent sites and seize suspected copyright infringing equipment and goods.
In the Philippines, the national IP authority launched an enhanced online enforcement programme to address the growing presence of counterfeit and pirated goods online.
Likewise, in Malaysia, the Intellectual Property High Court held that the sale, promotion, or dissemination of set-top boxes constituted copyright infringement.
According to the report, the use of injunctive-style relief has resulted in a real decrease in piracy. In Sweden, survey results show that the number of respondents accessing copyright-infringing content fell from 21% to 14% following the use of the new enforcement tools.
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