The past year marked an important turning point in the development of the regulatory ecosystem for intellectual property (IP) across Asia. Strides have been made to better harmonise patent laws between countries, while discussions gained momentum around balancing copyright protections in the digital era. In this annual list, we highlight the best firms for IP work in the Asian region.
Sweeping legal change, disruptive new technologies and evolving social attitudes all factor into how IP is understood and protected. Driven by rapid technological advancement, the growing globalisation of creative works and a rising appreciation of the value of IP assets, the IP sector has undergone a major transformation.
Notable developments included breakthroughs in content generated by artificial intelligence (AI) and new international agreements on setting uniform patent standards. They paved the way to ensure innovation and creative works can continue to thrive despite digital disruptions.
As the economic value of IP rose, many Asian countries hit the ground running and overhauled their IP frameworks to support the booming digital economy.
JAPAN
On Jun. 14, 2023, Japan passed the Act for Partial Revision of the Unfair Competition Prevention Act, known as Act No. 51. This comprehensive law updated several IP statutes, including the Unfair Competition Prevention Law, Trademark Law, Design Law, Patent Law and Utility Model Law.
As digital technology and the internet become commonplace, the online display and sale of counterfeit goods have proliferated. The amended Unfair Competition Prevention Law now considers the online offering or transaction of imitation products in the digital realm to be a form of unfair competition.
Previously, the Japanese Trademark Law did not allow for the registration of a trademark that was deemed similar to an existing registered mark. However, this amendment introduces a “Letter of Consent” policy, opening the door to a new approach. Under this policy, the Japan Patent Office (JPO) can now permit registration of a mark if the rights holder of similar mark consent, as long as registration does not cause a likelihood of confusion among consumers or traders.
According to the Design Act, a published design could not be registered if the publication occurred prior to the application filing. Previously, an exception existed where a declaration submitted within one year of publication would consider the design unpublished. In such cases, creators or other parties were required to submit evidence of publication for each instance. With this amendment, only a single submission of evidence is now needed, regardless of the number of times a design was published.
These revisions show that Japan is ramping up efforts to modernise IP laws and better meet the evolving needs of businesses in the digital age.
CHINA
China courts received 544,126 different IP rights cases through 2023, according to a report in April 2024 by the Status of Judicial Protection of Intellectual Property Rights in Chinese Courts (2023), released by the Supreme People’s Court (SPC) of China. Of those, 544,112 had been adjudicated.
Among the 462,176 first-instance civil cases through the year, there were 44,711 patent cases – a year-on-year increase of 14.73 percent. Trademark cases totalled 131,429, rising 16.85 percent year-on-year.
The number of copyright cases fell to 251,687, a decline of 1.57 percent year-on-year. Technology contract cases saw 6,492 filed, a 53.19 percent jump year-on-year. Competition cases reached 10,230, an 8.97 percent increase year-on-year. The 17,627 other case types represented a 0.51 percent decrease from the prior year.
In terms of penalties, Chinese courts applied punitive damages in 319 cases nationwide in 2023 – a 117 percent increase from the year before. The total damages awarded amounted to 1.16 billion renminbi, a 3.5 times increase year-over-year.
During a press conference, the SPC said it would further explore and improve China’s specialised IP litigation system. This includes accelerating plans to formulate a legislative proposal for the “Law on Special Procedures for Intellectual Property Litigation.”
The SPC has also said that it plans to further reform the “three-in-one” trial mechanism for civil, administrative, and criminal IP cases. Part of the plan is to consolidate jurisdiction over IP cases within 25 high people’s courts, 242 intermediate people’s courts, and 287 primary-level people’s courts nationwide.
In addition, China acceded to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) in March 2023. The convention took effect in China in November and brings the country more in line with international standards.
Now, foreigners no longer need to go through the lengthy process of notarisation, validation by the Ministry of Foreign Affairs and legalisation by the Chinese Consulate to present documents in a legal procedure before a Chinese court. For private documents like a power of attorney given to a Chinese lawyer, simple notarisation is sufficient to obtain an apostille.
China also made some changes to retrial procedures by the SPC.
Due to a significant increase in civil litigation, the SPC faced a large influx of retrial applications. To manage this, it introduced a Pilot Program for Improving the Four Levels Court Trials in May 2021, which limited acceptable grounds for granting retrials. As a result, obtaining a retrial from the SPC for challenging cases became extremely difficult.
However, in July 2023, the SPC issued a Guiding Opinion on the Determination of Jurisdiction Concerning Elevation of Jurisdiction and Retrials of Cases, signalling a change in approach. The SPC announced it would now consider retrials for cases meeting specific criteria, such as those of nationwide significance, general importance in law application, legal issues requiring internal SPC discussion, cases promoting fair trials and other cases deemed worthy of retrial by the SPC.
China is also in the process of revising its Trademark Law, releasing a draft of the fifth amendment to the piece of legislation in January 2023. The process is likely to continue, with ongoing incremental changes.
In December 2023, the State Council issued the long-awaited Decision on Amending the Implementing Regulations of the Patent Law of the People’s Republic of China. The amendment provides specific practical details regarding aspects such as partial design patents, priority for designs filed in China, patent-term extensions, and an open licensing regime.
SOUTH KOREA
In South Korea, the total number of IP applications in 2023, encompassing patents, utility models, designs, and trademarks, remained stable at 556,600 – slightly exceeding the 2022 count of 556,436. This marginal 0.03 percent increase suggests steady growth in IP applications in the country and the relative maturity of the system.
Authorities adopted a series of policies to further streamline and improve regulatory processes.
For example, South Korea amended its Trademark Law and introduced a letter of consent system. Starting May 1, 2024, the country’s letter of consent system for similar trademarks will be implemented. This amendment to the Korean Trademark Act will allow new trademarks to be registered even if a pre-existing similar trademark exists, as long as a letter of consent accompanies the application.
The country also revised its Invention Promotion Act, including introducing an employee invention automatic succession system, document production and confidentiality order systems in litigation regarding compensation for employee inventions. These revisions will take effect on Aug. 7, 2024.
The Korean Intellectual Property Office (KIPO) made changes to its preferential examination system as well. It broadened the system’s scope to include advanced technologies like displays and secondary batteries. Concurrently, cases that no longer require urgent processing have been excluded from preferential examination. This reform aims to optimise the preferential examination process by focusing on technologies that require priority handling and streamlining the processing of cases that are no longer time sensitive.
INDIA
As countries worldwide work to modernise their legal systems amid constant technological, creative, and commercial changes, India is updating its laws to keep pace. Amendments to IP rights statutes and new policies tailored for the technology sectors aim to balance safeguarding intellectual assets with fostering homegrown innovation.
For example, the Indian government has unveiled plans to formulate a comprehensive action plan and framework to facilitate and establish IP financing in India. This strategic move aims to boost the nation’s financial position by harnessing the value of IP rights associated with patents, trademarks, designs, copyrights, and other intellectual assets.
IP financing involves using IP rights as collateral in financial dealings to obtain credit, generate income and secure other financial benefits. This practice is gaining more recognition as it fosters financial innovation, expands access to credit and strengthens the capital base by allowing IP owners to leverage the value of their intangible assets.
In the biotechnology sphere, the Department of Biotechnology (DBT) published guidelines in September 2023, establishing the principles and protocols for managing and transferring IP arising from publicly funded research in India. The guidelines underscore the importance of sharing research knowledge for public benefit and aim to streamline the process of transferring IP from academic institutions and research laboratories to facilitate commercialisation for broader societal impact.
ASEAN
When innovators can profit from their creations, it fosters even more innovation. IP protection is widely recognised as critical for economic development, especially in developing countries.
In August 2023, the Association of Southeast Asian Nations (ASEAN), a grouping of 10 countries, partnered with the World Intellectual Property Organization (WIPO) to launch the ASEAN Intellectual Property (IP) Register. This innovative online platform utilises an advanced information exchange system to serve as a centralised IP information portal for the region.
The ASEAN IP Register will consolidate the most up-to-date IP data from all ten ASEAN member states. This unified digital resource will provide stakeholders with a seamless experience to conduct comprehensive patent, trademark, and design searches across ASEAN countries.
This project sets out to help entrepreneurs, innovators and creators in ASEAN protect, commercialise and profit from their IP, transforming intangible assets into business opportunities in a thriving IP ecosystem.
According to WIPO statistics from 2022, ASEAN saw remarkable IP application growth despite challenges from the COVID-19 pandemic. The region experienced notable increases in patent and industrial design applications, which rose 70 percent and 80 percent between 2012 and 2022, respectively. Additionally, trademark applications witnessed an impressive 110 percent growth. Based on these application trends, WIPO’s Global Innovation Index 2023 projected the market value of ASEAN’s top brands to exceed $250 billion, highlighting the substantial worth of intangible assets in the ASEAN region.
The ASEAN IP Portal is an important digital tool designed to serve stakeholders in the IP community. It consolidates information on ASEAN IP systems, comparative IP-related data, and web links to ASEAN IP Offices into a single comprehensive online platform.
In Malaysia, a notable recent trademark dispute involved Malaysia Airlines and Firefly obtaining an interim injunction against AirAsia Com Travel. This legal injunction temporarily prevented AirAsia from using Malaysia Airlines’ trademarks or selling its tickets through AirAsia’s SuperApp platform until the final resolution of the case.
Simplifying trademark registration processes is a shared goal across ASEAN, with efforts focused on improving systems and streamlining procedures to support applications in different jurisdictions. The emphasis on simplification aims to enhance efficiency and facilitate a smoother experience for those seeking trademark protection.
Some smaller ASEAN jurisdictions have been rolling out updated trademark laws.
Thailand’s Department of Intellectual Property has implemented a fast-track trademark examination process. The initiative aims to expedite reviews, ensuring applications are examined within six months of filing.
Vietnam’s amended Law on Intellectual Property (Amended IP Law) came into force on Jan. 1, 2023, marking the third update to the country’s IP Law since its enactment in 2005.
The year 2023 proved a milestone year for IP rights in the region as countries instituted substantial changes to regulations. The revision carried far-reaching implications for inventors, creators and businesses operating in diverse sectors, ultimately reshaping each jurisdiction’s legal framework for IP.
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HONG KONG |
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Baker McKenzie Barron & Young Bird & Bird China Patent Agent (HK) Deacons Hogan Lovells Rouse Consultancy |
AWA Asia CMS DLA Piper Dorsey & Whitney Eagle IP ELLALAN Eversheds Sutherland Fangda Partners Gallant Jones Day Mayer Brown Morgan, Lewis & Bockius Morrison & Foerster Nixon Peabody Norton Rose Fulbright OLN IP Services Paul Hastings Quinn Emanuel Urquhart & Sullivan Robin Bridge & John Liu Ropes & Gray SIPS Stephenson Harwood Squire Patton Boggs Tanner De Witt Tiang & Partners Wilkinson & Grist |
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COPYRIGHT/TRADEMARKS |
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Baker McKenzie Bird & Bird Deacons Hogan Lovells Mayer Brown MinterEllison OLN IP Services Rouse Consultancy SIPS Stephenson Harwood |
AWA Asia Clifford Chance CMS DLA Piper Dorsey & Whitney ELLALAN Eversheds Sutherland Fangda Partners Freshfields Bruckhaus Deringer Jones Day Lewis Silkin Morrison & Foerster Nishimura & Asahi Nixon Peabody Norton Rose Fulbright Quinn Emanuel Urquhart & Sullivan Robin Bridge & John Liu Ropes & Gray Simmons & Simmons Spruson & Ferguson Squire Patton Boggs Tanner De Witt Tiang & Partners Vivien Chan & Co Wilkinson & Grist |
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INDIA |
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PATENTS |
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Anand and Anand K&S Partners Khaitan & Co Lakshmikumaran & Sridharan Remfry & Sagar |
Ahlawat & Associates ANM Global Athena Legal AZB & Partners Beruar & Beruar Chadha & Chadha Cyril Amarchand Mangaldas Ediplis Counsels Fox Mandal & Associates IndusLaw Inttl Advocare InventIP Legal Services Khurana & Khurana LexOrbis Majmudar & Partners Legal Mansukhlal Hiralal & Co Naik Naik & Co Obhan & Associates Rahul Chaudhry & Partners R.K. Dewan & Co S&A Law Offices Saga Legal Shardul Amarchand Mangaldas & Co Singh & Singh Subramaniam & Associates |
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COPYRIGHT/TRADEMARKS |
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Anand and Anand Cyril Amarchand Mangaldas IndusLaw K&S Partners Khaitan & Co Remfry & Sagar Saikrishna & Associates |
Ahlawat & Associates ANM Global Athena Legal AZB & Partners Beruar & Beruar Chadha & Chadha Ediplis Counsels Fidus Law Chambers Fox Mandal & Associates Inttl Advocare InventIP Legal Services Krishnamurthy & Co./K Law L&L Partners Lakshmikumaran & Sridharan LexOrbis Mansukhlal Hiralal & Co Mason & Associates Naik Naik & Co Rahul Chaudhry & Partners R.K. Dewan & Co RNA Technology and IP Attorneys S&A Law Offices Saga Legal Shardul Amarchand Mangaldas & Co Subramaniam & Associates Sujata Chaudhri IP Attorneys ZeusIP |
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INDONESIA |
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PATENTS |
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Am Badar & Am Badar Hadiputranto Hadinoto & Partners Januar Jahja & Partners Rouse (in association with Suryomurcito & Co) SKC Law Tilleke & Gibbins |
Assegaf Hamzah & Partners Biro Oktroi Roosseno Inter Patent Office Roosdiono & Partners |
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COPYRIGHT/TRADEMARKS |
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Hadiputranto Hadinoto & Partners Januar Jahja & Partners K&K Advocates Rouse (in association with Suryomurcito & Co) SKC Law |
Acemark IP Am Badar & Am Badar Assegaf Hamzah & Partners Biro Oktroi Roosseno Inter Patent Office Roosdiono & Partners Tilleke & Gibbins |
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JAPAN DOMESTIC |
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PATENTS |
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Abe Ikubo & Katayama Anderson Mori & Tomotsune Mori Hamada & Matsumoto Nagashima Ohno & Tsunematsu Nakamura & Partners Nishimura & Asahi TMI Associates |
Abe & Partners Atsumi & Sakai Fukami Patent Office Kubota Patent and Law Office Itoh International Patent Office Miura & Partners Oh-Ebashi LPC & Partners Ohno & Partners Seiwa Patent & Law Shiga International Patent Office Shusaku · Yamamoto Sugimura & Partners |
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COPYRIGHT/TRADEMARKS |
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Abe, Ikubo & Katayama Anderson Mori & Tomotsune Atsumi & Sakai Mori Hamada & Matsumoto Nagashima Ohno & Tsunematsu Nakamura & Partners Nishimura & Asahi TMI Associates |
Fukami Patent Office Kubota Patent and Law Office Itoh International Patent Office Miura & Partners Oh-Ebashi LPC & Partners Ohno & Partners Seiwa Patent & Law Shiga International Patent Office Shusaku- Yamamoto Soei Patent & Law Firm Sugimura & Partners |
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JAPAN INTERNATIONAL |
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PATENTS |
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Baker McKenzie Finnegan, Henderson, Farabow, Garrett & Dunner Hogan Lovells Morgan, Lewis & Bockius Morrison & Foerster Orrick, Herrington & Sutcliffe |
China Patent Agent (HK) Foley & Lardner Mayer Brown Quinn Emanuel Urquhart & Sullivan Ropes & Gray Squire Patton Boggs |
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COPYRIGHT/TRADEMARKS |
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Baker McKenzie Hogan Lovells Morgan, Lewis & Bockius Morrison & Foerster Orrick, Herrington & Sutcliffe |
Finnegan, Henderson, Farabow, Garrett & Dunner Foley & Lardner Mayer Brown Squire Patton Boggs |
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MALAYSIA |
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PATENTS |
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LAW Partnership Shearn Delamore & Co Skrine Wong & Partners ZICO IP |
Chooi & Company + Cheang & Ariff Christopher & Lee Ong GAN Partnership Lee Hishammuddin Allen & Gledhill Nishimura & Asahi Pintas Consulting Group Rahmat Lim & Partners Raja, Darryl & Loh Shook Lin & Bok Tay & Partners Wong Jin Nee & Teo |
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COPYRIGHT/TRADEMARKS |
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LAW Partnership Shearn Delamore & Co Shook Lin & Bok Skrine Tay & Partners Wong & Partners Wong Jin Nee & Teo ZICO IP |
Chooi & Company + Cheang & Ariff Christopher & Lee Ong GAN Partnership Lee Hishammuddin Allen & Gledhill Marks & Clerk Nishimura & Asahi Pintas Consulting Group Rahmat Lim & Partners Raja, Darryl & Loh |
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PHILIPPINES |
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PATENTS/ COPYRIGHT/TRADEMARKS |
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ACCRALAW Cruz Marcelo and Tenefrancia Quisumbing Torres SyCip Salazar, Hernandez & Gatmaitan Villaraza & Angangco |
Baranda & Associates Bengzon Negre Untalan Betita Cabilao Casuela Sarmiento C&G Law Carag Caballes Jamora & Somera Castillo Laman Tan Pantaleon & San Jose Federis & Associates Gulapa & Lim SKY Law Romulo Mabanta Buenaventura Sayoc & De Los Angeles |
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SINGAPORE |
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PATENTS |
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Allen & Gledhill Amica Law Baker McKenzie Wong & Leow Bird & Bird ATMD Dentons Rodyk Drew & Napier Marks & Clerk Rajah & Tann |
CMS Davies Collison Cave Donaldson & Burkinshaw Eversheds Sutherland Gateway Law Corporation Joyce A. Tan & Partners JurisAsia Lee & Lee Mayer Brown Mirandah Asia Morgan, Lewis & Bockius Nishimura & Asahi Orrick, Herrington & Sutcliffe Ravindran Associates RHTLaw Asia Shook Lin & Bok Spruson & Ferguson Stephenson Harwood WongPartnership |
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Allen & Gledhill Amica Law Baker McKenzie Wong & Leow Bird & Bird ATMD Dentons Rodyk Drew & Napier WongPartnership |
CMS Davies Collison Cave Donaldson & Burkinshaw Eversheds Sutherland Gateway Law Corporation Joyce A. Tan & Partners JurisAsia Lee & Lee Marks & Clerk Mayer Brown Mirandah Asia Morgan, Lewis & Bockius Nishimura & Asahi Orrick, Herrington & Sutcliffe Rajah & Tann Ravindran Associates RHTLaw Asia Robinson Shook Lin & Bok Spruson & Ferguson Stephenson Harwood |
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SOUTH KOREA |
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Bae, Kim & Lee Kim & Chang Lee & Ko Ropes & Gray Shin & Kim Yoon & Lee International Patent & Law Firm Yoon & Yang Yulchon |
DR & AJU Finnegan, Henderson, Farabow, Garrett & Dunner Lee International IP & Law Group |
AIP Patent & Law Firm Koreana Patent Firm Muhann Patent & Law Firm YOU ME Patent & Law Firm Y.P. Lee Mock & Partners |
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COPYRIGHT/TRADEMARKS |
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Bae, Kim & Lee Kim & Chang Lee & Ko Shin & Kim Yoon & Yang Yulchon |
AJU Kim Chang & Lee DR & AJU Finnegan, Henderson, Farabow, Garrett & Dunner KBK Patent Law Office Lee International IP & Law Group Ropes & Gray |
Cho & Partners Jipyong Muhann Patent & Law Firm YP Lee Mock & Partners |
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THAILAND |
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Baker McKenzie Domnern Somgiat & Boonma Tilleke & Gibbins |
ILCT Rouse Satyapon & Partners SCL Nishimura & Asahi ZICO IP |
Ananda IP Dej-Udom & Associates ILAWASIA LawPlus Rajah & Tann TMI Associates |
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COPYRIGHT/TRADEMARKS |
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Baker McKenzie Domnern Somgiat & Boonma Tilleke & Gibbins ZICO IP |
ILAWASIA ILCT LawPlus Rouse Satyapon & Partners SCL Nishimura & Asahi |
Ananda IP Rajah & Tann Siam Premier International TMI Associates |
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VIETNAM |
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PATENTS |
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Baker McKenzie Pham & Associates Tilleke & Gibbins Vision & Associates |
D&N International RHTLaw Vietnam Rouse ZICO Law |
Allen & Gledhill BROSS & Partners Hogan Lovells Indochine Counsel Investip IPMAX Law Firm Lee & Ko Mayer Brown Nishimura & Asahi Phuoc & Partners Rajah & Tann Shin & Kim TMI Associates |
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Baker McKenzie BROSS & Partners IPMAX Law Firm Pham & Associates Tilleke & Gibbins Vision & Associates |
D&N International Hogan Lovells Indochine Counsel Investip RHTLaw Vietnam Rouse |
Ageless IP Attorneys & Consultants Allen & Gledhill Frasers Law Company Lee & Ko LNT & PARTNERS Mayer Brown Nishimura & Asahi Phuoc & Partners Rajah & Tann Schmitt & Orlov Shin & Kim TMI Associates ZICO Law |
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METHODOLOGY |
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OUR RESEARCH |
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OUR RANKINGS |
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