IPWatchdog LIVE 2025 featured a standout session on Sunday, March 2, titled “The Global IP Landscape,” where legal experts and policy advisors shed light on ongoing shifts in patent law—and the global forces behind them. Speakers from Brazil, Germany, Korea, and the United States discussed data from the latest International IP Index while tackling topics like patent office efficiency, standard-essential patents (SEPs), and cross-border enforcement trends.
The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) published its 12th annual International IP Index last year. According to Alaina van Horn, Chief of the IP Enforcement (IPE) Branch at U.S. Customs and Border Protection, the index evaluated more than 50 countries using around 50 unique metrics. Van Horn remarked, “We’ve seen score improvements in 20 countries, with particularly strong gains by South Africa, Brazil, and Nigeria.” However, she observed that established leaders—including the United States, the United Kingdom, Germany, and Japan—showed minimal forward movement.
Van Horn added that the top-ranked economies remain the same—led by the United States and the UK—while major innovation centers like France, Sweden, and others follow closely behind. “The real surprises,” she noted, “came from emerging markets adopting targeted policies to strengthen their IP regimes.”
Nuno Carvalho, a partner at Licks Attorneys and experienced practitioner before Brazil’s patent office, spoke about why Brazil’s improvements in the IP Index still leave room for further reform. He took a nuanced view of accessibility for smaller inventors: “A well-functioning patent office is part of democracy. But in Brazil, many early-stage startups hesitate to file because decisions can take so long—and that erodes trust.”
Carvalho also pointed to unsettled territory in pharmaceutical patents. He referenced the TRIPS Agreement and subsequent global decisions that have, at times, expanded compulsory licensing: “Some measures address important public health goals,” said Carvalho, “but they can simultaneously weaken incentives for pharma innovators.” He specifically cited the 2022 stance urging consideration of humanitarian factors in COVID-19 licenses, which—without adequate compensation—“might fuel uncertainty for patent owners,” particularly in Brazil and elsewhere in South America.
Patents related to traditional knowledge and resources pose additional hurdles. Carvalho explained that if applicants fail to disclose the source of certain biological materials, the application might face extended examination or potential invalidation. “We risk driving innovators away if the process remains unpredictable,” he said.
From the European Union side, Volkmar Henke, partner at Bardehle Pagenberg, emphasized that steady prosecution timelines at the European Patent Office (EPO)offer predictability. Yet he believes the real complexity lies in cross-border enforcement, especially around standard-essential patents. “Many of today’s products—smartphones, automotive tech—require a global licensing strategy,” said Henke. “Courts in different countries are increasingly setting worldwide FRAND terms, effectively introducing layered responsibilities for patent owners and implementers.”
Henke also discussed how the principle of territoriality has shifted in Europe. “On one hand, each nation’s patent system remains sovereign,” he said. “On the other, the Unified Patent Court (UPC) aims to provide an EU-wide enforcement mechanism, changing the game for rights holders who want a single, sweeping injunction.” He highlighted a case in which the European Court of Justice recognized “long-arm jurisdiction” over EU-based defendants, meaning if a defendant domiciled in the EU also sells infringing products in the United States, the court might weigh U.S. law under certain conditions.
Judge Bowon Kwon of the High Court of Korea spoke on Asia’s rising role in patent filings and enforcement. “KIPO now ranks fourth globally in patent applications, trailing only China, the United States, and Japan,” Kwon said. He praised South Korea’s hybrid system, which blends elements of civil law with select common-law features: “We can assess invalidity during infringement actions, so in many cases, you avoid a completely separate procedure. This helps drive resolution.”
Korea’s regional significance extends beyond its own borders. According to Kwon, advanced industries in semiconductors, telecom, and biotechnology compound the urgency for smart IP governance. “Much of the manufacturing and R&D in Asia overlaps across countries,” he said, “so we need more cross-border cooperation—perhaps not unlike the UPC in Europe, though Asia’s approach will differ.”
1. Global Patent Filings Soar
Carvalho pointed out that the world saw approximately 2.6 million patent applications in 2014—direct and via PCT—versus about 5.3 million in 2023. Such a steep climb puts pressure on examiners everywhere. “It’s no small task,” Carvalho remarked, “especially with new AI-based innovations saturating the pipeline.”
2. FRAND and SEP Litigation Evolve
Industry players face the dual challenge of satisfying multi-jurisdictional courts while negotiating worldwide royalty rates. Henke stressed that conflicting orders or anti-suit injunctions could “create gridlock” if not managed carefully. He advised in-house counsel to prepare for the possibility that a single court ruling could determine royalties for all global sales.
3. Pharmaceutical IP Under Scrutiny
From developing countries’ public health exceptions to advanced economies’ high regulatory thresholds, pharma patents present a unique patchwork of risks. Carvalho predicted that countries would continue to experiment with compulsory licenses, especially in crisis situations. “Balancing social welfare and patent rights is no easy feat,” he said.
4. Efficient Enforcement Mechanisms
Judge Kwon underscored that timely dispute resolution is vital: “Patents aren’t worth much if courts or patent offices cannot enforce them effectively.” Whether through the UPC’s streamlined approach or Korea’s combined invalidity-and-infringement model, industry lawyers need to remain agile, picking forums wisely.
5. Stagnation vs. Reform Among Leading Economies
Van Horn fielded questions on whether top-ranked jurisdictions are resting on their laurels. She conceded that “growth can be harder once you’re near the top,” but recent moves—such as the EU shelving a sweeping SEP regulation proposal—illustrate how leading economies can pivot rapidly. “Even minimal policy shifts in major markets affect the entire global chain,” she noted.
The session underscored a widening gap in approaches to patent law. While rising economies like Brazil and Korea are pushing reforms and accelerating their IP systems, established leaders remain cautious, contending with challenges wrought by SEPs, cross-border injunctions, and evolving pharma policies. Panel speakers collectively emphasized that effective patent enforcement, transparent office practices, and balanced international cooperation are key to ensuring innovation thrives on a global scale.
As more patent applications flood offices worldwide, companies and attorneys must stay alert to subtle yet significant policy changes. Whether involving the Unified Patent Court’s reach or new rules on compulsory licensing, an informed, multi-jurisdictional strategy can help navigate the strong currents reshaping the global IP landscape.
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