16
uschamber.com/ipindex 1 U.S. Chamber International IP Index | Executive Summary 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY The 2020 U.S. Chamber International IP Index creates a template for economies that aspire to become 21st century, knowledge-based economies through more effective IP protection. With a robust IP ecosystem, economies can unleash the Art of the Possible, taking the ideas and creations of the mind and transforming them into the next generation of technologies, medicines, and creative works that enrich our lives. Economies large and small and developed and developing can leverage effective IP standards to foster innovation and creativity, attract greater foreign direct investment (FDI), and stimulate economic and global competitiveness. Geographic Coverage In its eighth edition, the Index maps the IP ecosystem in 53 global economies, representing over 90% of global GDP. Three new economies added this year are in bold. Algeria Argentina Australia Brazil Brunei Canada Chile China Colombia Costa Rica Dominican Republic Ecuador Egypt France Germany Greece Hungary India Indonesia Ireland Israel Italy Japan Jordan Kenya Kuwait Malaysia Mexico Morocco Netherlands New Zealand Nigeria Pakistan Peru Philippines Poland Russia Saudi Arabia Singapore South Africa South Korea Spain Sweden Switzerland Taiwan Thailand Turkey U.S. UAE UK Ukraine Venezuela Vietnam The Index evaluates the IP framework in each economy across 50 unique indicators which industry believes represent economies with the most effective IP systems. The indicators create a snapshot of an economy’s overall IP ecosystem and span nine categories of protection: patents, copyrights, trademarks, design rights, trade secrets, commercialization of IP assets, enforcement, systemic efficiency, and membership and ratification of international treaties.

2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

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Page 1: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

uschamber.com/ipindex • 1

U.S. Chamber International IP Index | Executive Summary

2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY

The 2020 U.S. Chamber International IP Index creates a template for economies that aspire to become 21st century, knowledge-based economies through more effective IP protection. With a robust IP ecosystem, economies can unleash the Art of the Possible, taking the ideas and creations of the mind and transforming them into the next generation of technologies, medicines, and creative works that enrich our lives. Economies large and small and developed and developing can leverage effective IP standards to foster innovation and creativity, attract greater foreign direct investment (FDI), and stimulate economic and global competitiveness.

Geographic CoverageIn its eighth edition, the Index maps the IP ecosystem in 53 global economies, representing over 90% of global GDP. Three new economies added this year are in bold.

AlgeriaArgentina Australia Brazil Brunei CanadaChile China Colombia Costa Rica Dominican Republic Ecuador Egypt

France Germany Greece Hungary India Indonesia Ireland Israel Italy Japan Jordan Kenya Kuwait Malaysia

Mexico Morocco Netherlands New Zealand Nigeria Pakistan Peru Philippines Poland Russia Saudi Arabia Singapore South Africa South Korea

Spain Sweden Switzerland Taiwan ThailandTurkey U.S.UAE UK Ukraine Venezuela Vietnam

The Index evaluates the IP framework in each economy across 50 unique indicators which industry believes represent economies with the most effective IP systems. The indicators create a snapshot of an economy’s overall IP ecosystem and span nine categories of protection: patents, copyrights, trademarks, design rights, trade secrets, commercialization of IP assets, enforcement, systemic efficiency, and membership and ratification of international treaties.

Page 2: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

ART OF THE POSSIBLE

2 • U.S. Chamber International IP Index | Eighth Edition

New Indicators The Index is a continuously evolving tool that seeks to benchmark the emerging challenges IP owners face in global markets around the world. The 2020 Index includes five new indicators and two additions to existing indicators:

• Plant variety protection, term of protection (Indicator 4)

• IP-intensive industries, national economic impact analysis (Indicator 43)

• Membership of the International Convention for the Protection of New Varieties of Plants, act of 1991 (Indicator 47)

• Membership of the Convention on Cybercrime, 2001 (Indicator 48)

• The Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement and Geneva Act) (Indicator 49)

• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Added to Indicator 45)

• Patent Cooperation Treaty (Added to Indicator 46)

2020 Overall Scores

Vene

zuela

Alger

ia

Pakis

tan

Nige

ria

Kuwa

it

Egyp

t

Ecua

dor

Indon

esia

Thail

and

Arge

ntina

Vietna

m

South

Afric

a

Keny

a

India

Saud

i Ara

bia

Ukra

ine

Philip

pines

UAE

Brun

ei

Braz

il

Jord

an

Chile

Russ

ia

Peru

Colom

bia

China

Malay

sia

Turke

y

Costa

Rica

Domi

nican

Repu

blic

Mexic

o

Moro

cco

Taiw

an

New

Zeala

nd

Gree

ce

Polan

d

Israe

l

Cana

da

Hung

ary

Austr

alia

South

Kore

a

Italy

Singa

pore

Spain

Switz

erlan

d

Irelan

d

Nethe

rland

s

Japa

n

Swed

en

Germ

any

Fran

ce UK U.S.

100.00%

90.00%

80.00%

70.00%

60.00%

50.00%

40.00%

30.00%

20.00%

10.00%

0.00%

45.92

39.9436.62

27.62

45.64

39.6636.62

26.50

46.40

41.12

36.82

30.18

44.16

39.44

35.7433.96

24.06

46.12

40.44

28.0230.18

50.96

42.52

38.46

30.24

14.22

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uschamber.com/ipindex • 3

U.S. Chamber International IP Index | Executive Summary

Key Findings• IP remained at the crux of the China trade dispute. The United States and China signed a Phase One trade

agreement on January 15, 2020. The agreement includes reforms to better protect against trade secrets theft, pharmaceutical-related IP and patent infringement, and bad faith trademarks. The agreement also includes provisions to strengthen judicial enforcement of IP and commitments to combat counterfeiting and piracy. The Phase Two agreement is expected to focus on IP reforms–many of which are noted in the Index–and will create an opportunity to continue to improve IP protection globally.

• Several emerging markets made progress towards implementing a range of pro-IP measures in order to attract investment, though challenges remain.

- In anticipation of the Phase One agreement, China introduced a number of IP reforms, including measures to strengthen the licensing and technology transfer environment, amendments to increase fines for bad faith trademark applications, and new legal protections for trade secrets.

- In addition to IP reforms in China, both India and Brazil passed a series of reforms and issued precedential court rules that strengthen IP enforcement, address administrative inefficiencies, and increase penalties for IP infringement.

Vene

zuela

Alger

ia

Pakis

tan

Nige

ria

Kuwa

it

Egyp

t

Ecua

dor

Indon

esia

Thail

and

Arge

ntina

Vietna

m

South

Afric

a

Keny

a

India

Saud

i Ara

bia

Ukra

ine

Philip

pines

UAE

Brun

ei

Braz

il

Jord

an

Chile

Russ

ia

Peru

Colom

bia

China

Malay

sia

Turke

y

Costa

Rica

Domi

nican

Repu

blic

Mexic

o

Moro

cco

Taiw

an

New

Zeala

nd

Gree

ce

Polan

d

Israe

l

Cana

da

Hung

ary

Austr

alia

South

Kore

a

Italy

Singa

pore

Spain

Switz

erlan

d

Irelan

d

Nethe

rland

s

Japa

n

Swed

en

Germ

any

Fran

ce UK U.S.

51.24

95.28

90.5690.40

84.64

79.62

70.56

52.60

93.92

89.64

84.42

78.38

70.10

51.58

91.5088.98

83.18

72.86

54.38

68.64

91.08

85.3482.20

72.76

53.96

59.66

66.33

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ART OF THE POSSIBLE

4 • U.S. Chamber International IP Index | Eighth Edition

- Peru achieved the greatest overall score improvement of the Latin American economies benchmarked in the report. Additionally, Vietnam’s score increased the most out of the Asian economies as a result of legislation to increase damages awarded for IP infringement and participation in a number of international IP treaties.

• Developed and developing economies alike are undermining biopharmaceutical innovation, which reduces access to life-saving medicines and technologies and is the wrong approach to address health care costs.

- In the EU, the Supplementary Protection Certificate (SPC) manufacturing and export exemption entered into force in July 2019, resulting in a .25 point drop for the EU economies benchmarked in the Index. Designed specifically to bolster the European generics industry, in practice, the export exemption will significantly undermine the investment in developing new treatments and cures in the EU.

- Economies of all levels of development – from the Netherlands to Greece to Chile – expanded the grounds on which compulsory licenses can be issued. Utilizing compulsory licenses as a tool for domestic cost containment fundamentally undermines the legal certainty which effective IP systems provide.

- Recent proposals by some U.S. policymakers to use compulsory licenses as a cost-containment tool risk killing the model of innovation that since the mid-1980s has been providing Americans, and patients around the world, with new and better health technologies and medicines. Taken together with proliferating proposals for artificial price controls, such as HR 3, and importation of international pricing indexing and foreign-sourced medicines, the use of these licenses poses an existential threat to the United States’ position as the undisputed global leader in biopharmaceutical innovation.

• Recent free trade agreements (FTAs) have failed to strengthen global IP standards, and future agreements must do more to raise the bar for IP protection.

- The final United States-Mexico-Canada Agreement represented a significant missed opportunity to elevate IP protection for innovators and creators across North America. While the original USMCA included many critical, high-standard IP protections, key life sciences IP protections were removed from the final deal struck in December 2019.

- A number of FTAs passed in recent years – including the EU-Mercosur Association Agreement, the Indonesia Australia Comprehensive Economic Partnership Agreement, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – omit many IP standards included in other 21st century, post-TRIPS FTAs.

• Emerging markets are increasingly using international treaties to signal that their economy is willing to engage and abide by international IP standards.

- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements to expedite patent examination and address backlogs.

- Nearly all the economies benchmarked in the Index are a contracting party to one or more of the treaties benchmarked in the Index, sending a strong signal that economies of all levels of development are willing to participate in the global IP system.

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uschamber.com/ipindex • 5

U.S. Chamber International IP Index | Executive Summary

Singapore Japan

South KoreaSwitzerland

U.S.France

Germany Ireland

Netherlands Spain

Sweden Taiwan

UK Italy

HungaryIsrael

Australia Greece Canada Poland

New ZealandMorocco

ChinaJordan

Costa RicaDominican Republic

BruneiRussia

Colombia Kenya

Saudi ArabiaMexico

Peru Philippines

UAE Turkey

MalaysiaUkraine

ChileEgypt Brazil

Ecuador India

Indonesia Kuwait

Vietnam Argentina

ThailandPakistan

AlgeriaNigeria

South AfricaVenezuela

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

97.22

94.4491.67

91.67

88.89

80.56

63.61

94.44

91.67

91.67

86.11

78.33

63.33

94.44

91.67

91.67

83.33

66.94

75.00

94.44

91.67

91.67

80.56

63.89

70.8371.78

50.00

41.67

33.33

22.22

49.83

38.89

33.33

22.22

50.00

47.22

35.94

32.22

61.11

47.22

38.17

33.3333.17

22.22

50.00

44.44

27.7830.22

55.56

47.22

36.11

33.17

8.33

Category-by-Category ResultsPatents, Related Rights, and Limitations

• While 13 high-performing economies receive over 90% of the overall score, with Singapore leading the way, challenges remain to securing effective patent protection in even the most developed economies.

- In the United States, U.S. Patent and Trademark Office Director Andrei Iancu sought to address long-standing uncertainty through new guidelines on patentable subject matter and reform of the inter partes review (IPR) process.

- Canada’s Patented Medicine Prices Review Board (PMPRB) guidelines and the limited patent term restoration framework weaken the environment for biopharmaceutical innovators seeking to invest in R&D and undermine access to the newest innovative medicines in Canada.

Page 6: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

ART OF THE POSSIBLE

6 • U.S. Chamber International IP Index | Eighth Edition

Copyrights, Related Rights, and Limitations

• Creators continue to face significant obstacles to securing effective copyright protection in global markets, with 33 of the economies benchmarked failing to achieve 50% of the available score.

• However, a number of economies took steps to bolster protection for copyrighted content online. Ecuador, Greece, India, Israel, and Peru utilized injunctive relief, anti-piracy legislation, or administrative orders to disable access to pirated content provided through copyright-infringing sites.

• In Malaysia, the government used its broad authority to censor content to disable access to infringing-content provided through set-top boxes, which are an increasingly prevalent means to share pirated content throughout Asia.

U.S.UK

Singapore Germany Sweden

France South Korea

Australia Netherlands

Japan Ireland

New ZealandItaly

Israel Spain

MalaysiaHungary

Greece Canada

Morocco Poland

Switzerland Kenya

Costa RicaMexico

Indonesia Russia

Dominican RepublicIndia

China South Africa

Taiwan Kuwait Turkey

Saudi Arabia Thailand

UAEPeru Chile

Colombia Ukraine Jordan

Brazil Philippines

Ecuador Argentina

Venezuela Algeria Brunei

Nigeria Egypt

Pakistan Vietnam

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

96.43

87.1485.57

78.38

66.14

56.95

39.86

94.71

85.57

76.86

66.14

55.43

39.57

92.71

84.00

71.80

64.71

43.29

53.43

91.14

78.43

66.57

59.00

42.71

44.7145.14

36.14

32.57

27.71

21.29

36.14

32.00

26.86

19.71

38.86

32.57

29.71

23.29

39.14

36.09

30.43

25.4324.86

18.29

36.14

32.57

21.8621.86

39.10

35.57

29.86

23.29

18.29

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uschamber.com/ipindex • 7

U.S. Chamber International IP Index | Executive Summary

Trademarks, Related Rights, and Limitations

• While many of the Index economies have basic forms of trademark protection in place, the proliferation of counterfeit goods in the online ecosystem continues to create challenges for rights-holders in markets around the world. In order to better protect consumers, courts and governments in key global markets advanced stronger trademark enforcement mechanisms online.

- In the EU, two European Court of Justice rulings established an obligation for online merchants to take down IP-infringing material in online auction houses.

- In India, two Delhi High Court cases established a potential precedent that intermediaries and online marketplaces must remove patent-, copyright-, and trademark-infringing content upon notification from the rights-holders.

UK U.S.

South Korea France

Germany IrelandJapan

NetherlandsNew Zealand

SwedenSwitzerland

Australia China

ItalySingapore

SpainCanada

Hungary Israel

Taiwan Turkey

UAE BrazilChile

ColombiaCosta Rica

Dominican RepublicGreece

India Malaysia

MexicoPhilippines

PolandSouth Africa

VietnamArgentina

BruneiKenya

MoroccoPeru

Saudi ArabiaThailandEcuador

Egypt Indonesia

JordanKuwaitNigeria

UkraineAlgeria

PakistanRussia

Venezuela

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

100.00

87.5087.50

87.50

75.00

68.75

56.25

100.00

87.50

87.50

75.00

68.75

56.25

93.75

87.50

81.25

75.00

56.25

62.50

87.50

87.50

75.00

68.75

56.25

62.5062.50

56.25

50.00

50.00

37.50

56.25

50.00

43.75

37.50

56.25

56.25

50.00

43.75

56.25

56.25

50.00

43.7543.75

37.50

56.25

50.00

43.7543.75

56.25

56.25

50.00

43.75

37.50

Page 8: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

ART OF THE POSSIBLE

8 • U.S. Chamber International IP Index | Eighth Edition

Design Rights, Related Rights, and Limitations

• IP rights pertaining to industrial design are becoming increasingly important to IP owners, with the number of design applications increasing from less than 200,000 in 1995 to over 1 million in 2018.

• Given the growing prevalence of design rights, many of the economies benchmarked in the Index have some protection in place, with an average score of 64.20% for all the economies benchmarked.

- Over the last year, both Chile and Taiwan extended the design rights term of protection while Kenya eliminated burdensome registration requirements for design rights applications.

FranceGermany

IrelandNetherlands

SwedenSwitzerland

UKJapan

South Korea Greece

HungaryIsrael

ItalySpain

TurkeyU.S.

BrazilMalaysia

MexicoPolandRussia

New Zealand Singapore

TaiwanMorocco Pakistan Canada

ArgentinaBrunei

Dominican RepublicIndia

KenyaVietnamAustralia

ChileColombia

Costa RicaEcuador

IndonesiaPeru

ThailandUAE

EgyptJordanKuwaitNigeria

PhilippinesUkraine

South Africa Algeria

ChinaSaudi Arabia

Venezuela

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

100.00

100.00100.00

87.50

87.50

75.00

62.50

100.00

100.00

87.50

87.50

75.00

62.50

100.00

90.00

87.50

80.00

67.50

75.00

100.00

90.00

87.50

75.00

67.50

67.5075.00

55.00

45.00

45.00

32.50

55.00

45.00

42.50

32.50

55.00

45.00

45.00

42.50

57.50

55.00

45.00

42.5042.50

32.50

55.00

45.00

37.5042.50

55.00

45.00

45.00

42.50

32.50

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uschamber.com/ipindex • 9

U.S. Chamber International IP Index | Executive Summary

Trade Secrets and the Protection of Confidential Information

• Many economies do not have specific trade secrets legislation in place but instead rely on laws relating to employment contracts and disclosure of confidential information. However, a number of economies have recognized this gap and taken steps to better protect trade secrets.

- In the EU, the Trade Secrets Directive sets common minimum standards for trade secrets protection and enforcement. However, the directive does not include criminal sanctions for trade secrets theft, leading to a wide variance in the availability of or absence of criminal sanctions across the EU.

- In Asia, both South Korea and China introduced measures to bolster trade secrets protection. In South Korea, new legislation strengthened penalties for trade secrets theft while Chinese amendments to the Anti-Unfair Competition Law included a more comprehensive definition of trade secrets and increased the penalties for theft. The Phase One China agreement with the United States also has fulsome provisions on trade secrets.

GermanyNetherlands

SpainSweden

Switzerland Japan

Italy U.S.

FranceIreland Greece

New Zealand Poland

UKSouth Korea

Canada Australia Hungary

SingaporeTaiwan

ColombiaChina Israel

Costa RicaDominican Republic

JordanMalaysia

MexicoMorocco

Saudi Arabia Vietnam

RussiaBrazilChile

EcuadorUAE

TurkeyPeru

South Africa Ukraine Algeria

ArgentinaEgyptIndia

IndonesiaKenya

KuwaitPakistan

PhilippinesThailand

Brunei Nigeria

Venezuela

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

100.00

100.0093.33

83.33

75.00

66.67

41.67

100.00

91.67

75.00

70.00

58.33

41.67

100.00

91.67

75.00

68.33

43.33

58.33

100.00

83.33

75.00

66.67

41.67

45.0050.00

26.67

16.67

16.67

36.6741.67

25.00

16.67

8.33

41.67

33.33

16.67

16.67

41.67

33.33

25.00

16.6716.67

8.33

41.67

33.33

16.6716.67

41.67

33.33

25.00

16.67

8.33

Page 10: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

ART OF THE POSSIBLE

10 • U.S. Chamber International IP Index | Eighth Edition

Commercialization of IP Assets

• Technology transfer and licensing policies are critical mechanisms that translate the newest innovative and creative ideas into commercially available products. The most effective technology transfer systems are underpinned by IP frameworks that minimize barriers and facilitate market-based partnerships.

- Recognizing the importance of an efficient technology transfer framework, both China and UAE introduced reforms to eliminate barriers to market entry in order to facilitate voluntary technology transfer and licensing agreements.

- Additionally, Singapore and Switzerland introduced new R&D and IP-based tax incentives to facilitate investment in innovative and creative goods and services.

- However, a number of economies’ governments – including Algeria, Indonesia, Nigeria, Russia, Thailand, and Turkey – continue to intervene in the setting of licensing terms, which create barriers for foreign innovators and creators seeking to operate in the market.

Australia Israel

U.S.Singapore

Switzerland UK

FranceHungary

IrelandNetherlands

Canada Japan

New Zealand Italy

Spain Germany

PolandSwedenTaiwanBrunei

Greece Dominican Republic

Morocco Chile

Malaysia Mexico Jordan

Argentina Costa Rica

Turkey South Korea

South Africa Saudi Arabia

UAE EgyptBrazil India Peru

China Nigeria

Philippines Pakistan

Kuwait Russia

Ukraine Colombia Thailand Vietnam

Kenya Algeria

Venezuela Ecuador

Indonesia

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

95.83

91.6791.67

87.50

83.33

79.17

65.33

95.83

87.50

86.17

83.33

79.17

65.33

94.50

87.50

86.17

79.17

66.67

72.17

91.67

87.50

86.17

79.17

65.33

66.6770.83

41.67

34.67

12.50

52.8357.00

40.33

33.33

12.50

58.33

45.83

36.17

27.83

62.50

50.00

38.83

32.0029.17

8.33

58.33

43.00

20.8326.33

61.17

50.00

36.17

27.83

4.17

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uschamber.com/ipindex • 11

U.S. Chamber International IP Index | Executive Summary

Enforcement

• Enforcement of IP rights continues to be a challenge across global markets, with only 21% of the economies included achieving a score of 50% or more. However, a number of markets took steps to strengthen IP enforcement in 2019.

- While the government of Brazil introduced a new criminal enforcement initiative, the government of India strengthened civil enforcement measures and awarded substantive damages in two IP infringement cases.

- In South Korea, the government further strengthened its IP enforcement framework with amendments that increased the basis for which damages can be awarded for patent infringement and trade secrets theft.

U.S.UK

France Sweden

Germany IrelandJapan

Netherlands Switzerland South Korea

Spain Singapore

New ZealandAustralia

Israel Italy

Hungary Poland Greece

ColombiaCanada Mexico

Dominican RepublicBrazil

Taiwan Saudi Arabia

Morocco Malaysia

South AfricaPeru

Turkey Chile

Thailand China

UAE Russia

Costa RicaKuwait

Ecuador Brunei

Vietnam Jordan

India Philippines

Algeria Argentina

Pakistan Nigeria

Kenya Indonesia

Ukraine Egypt

Venezuela

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

94.57

91.5790.86

75.57

71.86

62.43

47.00

94.00

88.43

74.14

70.71

54.43

43.43

93.00

83.29

73.14

70.43

49.14

54.14

91.86

82.71

72.29

68.71

47.29

49.8651.86

39.29

34.71

25.57

17.14

38.29

34.00

23.86

16.43

40.86

36.29

26.43

19.86

42.29

38.00

31.57

23.8622.86

15.86

39.29

35.00

18.2918.57

41.71

37.00

26.43

22.43

8.29

Page 12: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

ART OF THE POSSIBLE

12 • U.S. Chamber International IP Index | Eighth Edition

Systemic Efficiency

• Many economies benchmarked in the Index have committed to implementing a strong foundation for IP policy through measures to enhance systemic efficiency.

- In Saudi Arabia, the government introduced new IP awareness campaigns and held public consultations on IP policy. Similarly, in Brazil, the government created an Interministerial Group on Intellectual Property to coordinate the government’s IP policy and conduct public consultations on the policy-making process.

- While many of the developed Index economies benchmark the economic impact of IP-intensive industries, a number of emerging markets – including Argentina, Malaysia, Mexico, Morocco, and Taiwan – also measure the relationship between IP rights and economic activity.

FranceIreland

Italy Japan

South Korea Sweden

UK U.S.

Germany Netherlands

SpainBrazil China

Singapore Switzerland

Hungary Taiwan

Australia CanadaMexico

ColombiaIndia

MalaysiaPhilippines

PolandGreece

Thailand Chile Israel

New Zealand IndonesiaMoroccoPakistan

PeruCosta Rica

South Africa Turkey

VietnamArgentina

UAE Dominican Republic

EcuadorNigeria

Saudi Arabia Kenya Russia Egypt

Jordan Algeria Brunei

Ukraine Kuwait

Venezuela

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

95.00

95.0095.00

90.00

85.00

75.00

70.00

95.00

95.00

90.00

85.00

75.00

65.00

95.00

95.00

85.00

80.00

70.00

75.00

95.00

90.00

85.00

80.00

70.00

70.0070.00

55.00

50.00

40.00

20.00

55.00

50.00

40.00

20.00

60.00

50.00

40.00

30.00

65.00

55.00

45.00

35.0035.00

10.00

60.00

50.00

25.0030.00

60.00

55.00

45.00

40.00

10.00

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uschamber.com/ipindex • 13

U.S. Chamber International IP Index | Executive Summary

Membership and Ratification of International Treaties

• Participation in international treaties reflects an economy’s willingness to join the international IP community and embrace high-standard IP protection.

- While many countries struggle to provide adequate copyright protection, 77% of the economies included in the Index have signed and ratified the WIPO Internet Treaties, illustrating that the effective implementation of the tenants of the treaty continues to create challenges for copyright-intensive industries operating in global markets.

- Less than half of the economies benchmarked in the Index have signed and ratified the Membership of the Convention on Cybercrime and the Hague Agreement Concerning the International Registration of Industrial Designs, two of the new treaties added to the Index in 2020.

CanadaFranceJapan

Netherlands Spain

SwitzerlandUkraine

UKU.S.

GermanyHungary

ItalyPolandIreland

Sweden Greece

Australia Singapore

Morocco South Korea

Turkey Peru

Russia Costa Rica

Israel Dominican Republic

Mexico Taiwan

Chile Jordan

Vietnam Brunei

ColombiaKenya

PhilippinesChina

New Zealand Algeria

Argentina Ecuador

EgyptIndia

IndonesiaMalaysia

Nigeria South Africa

UAEBrazil

Saudi Arabia Thailand

Kuwait Venezuela

Pakistan

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00%

100.00

100.00100.00

96.43

92.86

85.71

67.86

100.00

100.00

96.43

92.86

78.57

64.29

100.00

100.00

96.43

89.29

71.43

78.57

100.00

100.00

96.43

85.71

67.86

71.4378.57

39.29

28.57

14.29

42.8650.00

32.14

28.57

7.14

50.00

42.86

28.57

21.43

53.57

42.86

32.14

28.5728.57

7.14

50.00

35.71

14.2917.86

53.57

42.86

28.57

21.43

0.00

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ART OF THE POSSIBLE

14 • U.S. Chamber International IP Index | Eighth Edition

ConclusionAs economies aspire to stimulate economic growth and foster greater global and region competitiveness, effective IP protection will be key to achieving this goal. With a robust IP framework, economies can unleash the Art of the Possible and harness the limitless benefits that effective IP systems provide.

ECONOMIES WITH EFFECTIVE IP PROTECTION

39% more open for business and attractive to foreign investment

70% more likely to produce more innovative output

33% more likely to have greater private-sector investment in R&D activities

38% more likely to attract venture capital and private equity

Have 26% greater global competitiveness

Have 14 times more clinical trial activities and 12 times more clinical research on biologic therapies

Provide 2-3 times greater access to licensed music content

Have 6 times more high-skilled researchers and 78% increase in the competitiveness of human capital.

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uschamber.com/ipindex • 15

U.S. Chamber International IP Index | Executive Summary

Notes

Page 16: 2020 INTERNATIONAL IP INDEX EXECUTIVE SUMMARY...- Several major emerging economies – including Argentina, Brazil, India, and Peru – joined Patent Prosecution Highway (PPH) agreements

ART OF THE POSSIBLE

16 • U.S. Chamber International IP Index | Eighth Edition

Notes