Why Do Patents Matter on the World Stage?
Believe it or not, one of the largest players in global economics and the geopolitical landscape recently empowered its businesses to claim intellectual property from whichever other countries it deems “unfriendly.” In March, the Russian government eliminated protections for intellectual property from a list of countries comprising the United States, the United Kingdom, most of Scandinavia, many Asian countries, and all 27 members of the European Union. Sanctions and isolations resulting from Russia’s invasion of Ukraine have crippled Russia’s technological production and innovation. The United States Patent and Trademark Office (USPTO) quickly announced that it would sever ties with its Russian counterpart, Rospatent, and related partners as part of these sanctions.
The fallout from Russia’s laws could be far-reaching. Russian companies will face no consequences for patent infringement, and Russia will no longer protect trademarks belonging to global brands based in “unfriendly” countries that have limited Russian operations or importation. Further, piracy laws may also be eliminated, enabling Russian businesses to engage in software theft, which would leave any number of systems and platforms susceptible to pilfering, duplication, or counterfeiting.
Russia is just the most recent example of poor international IP protection. The Office of the United States Trade Representative has included 27 countries out of more than 100 trade partners on its 2022 Special 301 List as countries of concern. From weak law enforcement to increasing piracy rates to detectable trade secret vulnerabilities, the breadth of alarm extends, quite literally, around the world.
Inadequate or absent I.P. protection presents a variety of challenges everywhere. When patents are not safeguarded in just one country, patent infringement becomes effortless and normal. Because innovation is no longer incentivized, it slowly grinds to a halt. When innovation is so strongly discouraged, quality naturally decreases, and counterfeiting increases. The stagnation of industry, with no innovation and consequently no evolution, would have enormous financial implications. Essentially stunting long-term economic growth, this chain reaction would cause untold financial loss and trigger a ripple effect of lost opportunity that would potentially be felt by every trade partner of that one country.
Thankfully, the United States itself has some of the most stringent I.P. regulations and an unwavering commitment to patent protection, giving creators, manufacturers, and consumers alike much greater confidence. It ranked first among 53 economies included in the 2022 International IP Index presented by the U.S. Chamber of Commerce. Many other countries are trying to play catch up; while digital copyright protection remains a global challenge, 45 countries have shown IP protection improvements since the previous edition. Most notable was the improvement in patents and international treaties categories, “signaling a growing understanding of ways patents drive innovation and the value of global harmonization on I.P. standards.” In other words, while there is still significant work to do, much of the world is starting to see what the U.S. and some others have long known: Patents matter on the world stage, so strong I.P. regulation is a must.