IP trends in 2025

30 November 2024

IP trends in 2025

As industries reshape global standards with the evolving landscape of intellectual property, lawyers tell Excel V. Dyquiangco how jurisdictions are adapting IP frameworks to keep pace with digital innovations, sustainability and economic uncertainties, including strategies for IP protection, regulatory challenges and proactive legal reforms. 

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In 2025, intellectual property law is poised to face unprecedented shifts driven by rapid advancements in emerging technologies and industries. As artificial intelligence, blockchain and the metaverse continue to evolve, questions surrounding the ownership and protection of digital assets, data and innovations have become increasingly complex.  

At the same time, the global race to adopt sustainable solutions and green technologies is creating new challenges for IP frameworks, particularly in managing the intersection of environmental goals and proprietary innovations. Jurisdictions worldwide are revisiting their IP laws to address these growing concerns, ensuring that legal protections keep pace with technological and industrial progress. 

As new technologies blur traditional boundaries, industries such as AI, biotechnology and fintech are expected to play a transformative role in reshaping intellectual property landscapes. These sectors are pushing the limits of existing legal frameworks, leading to calls for reforms that address both innovation and rights management. In the face of these changes, jurisdictions must adapt to ensure a balance between encouraging technological advancements and safeguarding the rights of creators and innovators. Understanding which emerging industries will drive the most significant changes in IP law in 2025 is essential for navigating this evolving legal terrain. 

New Zealand, for example, is seeing continued growth in several emerging industries such as agritech, renewable energy, digital technology and biotechnology with a focus on health, environment and food security advancements. Meanwhile, the digital technology sector will drive the most significant changes in intellectual property law in New Zealand. This is because innovation in software, artificial intelligence and digital content is the most rapid, as New Zealand is already seeing existing IP frameworks struggling to keep up with new challenges, such as protecting AI-generated works, software innovation protection and data ownership. 

In Thailand, artificial intelligence and environmental, social and governance (ESG) innovations are expected to drive significant changes in the IP landscape. With AI transforming industries at an accelerated pace through the generation of new technologies and content, challenges have arisen surrounding ownership and IP protection, particularly since Thai laws were written quite some time ago prior to generative AI was deployed. Determining whether AI systems or their developers own IP protection is currently one major legal gap. 

From the perspective of ESG, there is an increasing focus on sustainability which has encouraged the development of green technologies, which in turn creates new IP. There is also the possibility that ESG-related innovations may outstrip the current legal framework to encourage more innovations in this field. 

This is quite similar in China where AI is likely to significantly influence the landscape of IP law. From a regulatory and legislative viewpoint, the New Generation Artificial Intelligence Development Plan released by the State Council of the People’s Republic of China (PRC) in 2017 anticipated that by 2025, China will have seen the initial establishment of AI laws and regulations, ethical norms and policy systems, and the formation of AI security assessment and control capabilities.  

As is the case in many other jurisdictions, regulation and legislation are outpaced by the speed of technical advancement and development, so there are further significant clarifications in this regard in the coming years. 

Digital content and AI 

“AI-generated content, in particular, challenges traditional notions of authorship and ownership, requiring new guidelines for copyright and patent eligibility,” said Anton Blijlevens, a principal at AJ Park in Auckland. “This will likely lead to reforms in IP laws to clarify how AI-created works are protected and how responsibility is assigned. Additionally, as digital content continues to expand, there will be a growing focus on combating piracy, copyright infringement and unauthorized use of digital assets. Enforcement strategies may increasingly leverage technology, such as AI tools, to monitor and detect IP violations online. 

New Zealand should look to international IP frameworks to ensure consistency in enforcement, given the global nature of digital content and technology. This evolution will push for more proactive and adaptable legal strategies to protect creators and innovators.” 

According to Nont Horayangura, a partner at Baker McKenzie in Bangkok, this is an intriguing time in IP enforcement as the growth and increasing use of digital content and AI offers both risks and opportunities to IP owners.  

“As AI has drastically improved over the past five years, the ability to reproduce counterfeit goods, either as digital content, designs or physical products through 3D printing, has been significantly enhanced to the point that it increases difficulties in distinguishing counterfeits from authentic goods,” he said.  “In contrast, AI can also be used as an effective tool for detecting infringement, specifically through machine learning which can detect patterns and anomalies, and this could lead to further collaboration between the authorities and technology platforms. As a result, changes in the relevant regulations could be expected in the near future, both to tackle the issue of authorship as well as implement efforts to address infringement by AI.” 

Ted Chwu, a partner at Bird & Bird in Hong Kong, cited a report from the World Intellectual Property Organization (WIPO), WIPO Patent Landscape Report on Generative AI, which said China-based inventors are the most active filers of patent applications in the fields of general AI, generative AI and applied AI inventions.  

“For example, the number of patent families related to GenAI technologies filed between 2014 and 2023 by China-based innovators is approximately six times the number of the second-place filer,” he said. 

He added: “Continuing a trend seen in the last few years, in 2025, we think Chinese and international companies will continue filing more patents in China in relation to the full layout of the IT technology stack in AI including core chip, framework, model and application technologies.”   

Sustainable and green technologies 

With the growing emphasis on sustainability and green technologies, what trends do lawyers foresee in the protection of intellectual property related to environmental innovations in their jurisdictions? 

“We should see an increase in patent applications,” said Blijlevens. “As more innovations focus on renewable energy, waste reduction and eco-friendly solutions, there should be a corresponding rise in patent filings for green technologies.”  

He added: “New Zealand should consider adopting policies that expedite or prioritize IP protection for environmentally sustainable inventions. This would encourage innovation in the green tech sector by providing quicker protections for critical eco-friendly solutions. Granted IPRs will help facilitate licensing and partnering opportunities. Green technologies often require large-scale implementation, making collaborative IP frameworks such as open licensing or patent pools and appealing business strategy. Quickly granted IP rights will help IP owners have a seat at this table.” 

“There should be a balancing or access with protection. Striking a balance between incentivizing innovation and ensuring access to green technologies may become a critical issue. IP laws could evolve to foster innovation while ensuring environmentally beneficial technologies are accessible to the broader public and industries,” he said.   

He said: “Given the global nature of climate change, New Zealand may align its IP laws with international agreements and frameworks, ensuring its green technology IP protections are harmonized with global standards, facilitating cross-border partnerships and knowledge sharing.” 

For Chwu, “in 2025, we may observe a growing trend in patent filings of green technologies in China. On one hand, China has implemented a prioritized examination system for energy-saving and environmental protection technologies. According to the Measures for the Administration of Patent Prioritized Examination issued by the China National Intellectual Property Administration (CNIPA), patent applications or patent re-examination cases related to energy-saving, environmental protection, and other key national development industries may request expedited examination.”   

He continued: “On the other hand, Chinese companies’ awareness of patent filings over green technologies is growing.” According to the Global Green Low-Carbon Technology Patent Statistical Analysis Report (2023) released by China’s National Intellectual Property Administration (CNIPA), from 2016 to 2022, China’s granted patents for green low-carbon technologies constituted 36.8 percent of the global total, with an average annual growth rate of 9.3 percent. In contrast, other countries and regions outside China experienced negative growth. 

“China is the world’s largest consumer and enterprise-level solar renewables market, and we have seen not just Chinese but international companies promoting the commercialization of patent assets in the green energy field through various means including establishing robust IP management systems, promoting IP alliances or patent pools, and facilitating the transformation and utilization of high-value IP through means such as licensing and transfers,” he said.  

Cross-border IP challenges 

Thailand has already begun to address cross-border IP challenges through several initiatives and strategies that aim to protect domestic IP rights while operating in compliance with international standards, said Horayangura.  

“For example, the authorities are keen to modernize IP laws and regularly look to update them in line with international agreements, such as becoming a signatory to the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) which has established a global minimum standard of IP protection,” he said. “In this respect, cross-border enforcement and cooperation are being enhanced through strengthening customs and border control to more efficiently and accurately intercept counterfeit goods, as can be seen through collaborative operations with other ASEAN countries.” 

He added: “Thai authorities have also been working closely with globally dominant ecommerce platforms as the majority of IP infringement has now moved online. Through cooperation, the authorities can better monitor and address IP violations on a larger scale, and work to develop tools to help effectively combat infringement, which will benefit consumers as well as the IP rights holders. To this end, memorandums of understanding in relation to ecommerce and copyright infringement have been adopted and implemented in an effort to help tackle online piracy for a few years already.” 

On one aspect, the Chinese government has already emphasized and confirmed in policies and regulations that the IP rights of foreign companies should be well protected. “For example, in Guidelines regarding Further Optimizing Foreign Investment Environment and Intensifying Efforts to Attract Foreign Investments issued by China’s State Council released in August 2023 (Guidelines), this high-level policy sets out that administrative protection and enforcement of IP rights of foreign companies need to be emphasized. The Guidelines require local authorities to improve measurements of protecting IP rights and to incorporate appropriate actions against infringements on IP rights of foreign companies,” said Chwu.  

Another example of cross-border collaboration can be seen when regulatory bodies and authorities in China set up regular conferences with foreign stakeholders to address IP protection issues. For example, CNIPA held several conferences with multiple foreign companies including NIDEC, AstraZeneca, Tesla and Bayer to receive suggestions from the foreign companies about IP protection and provide feedback to questions from the foreign companies. 

Strengthening IP portfolios 

To strengthen their IP portfolios in 2025, companies should prioritize digital and AI-related innovations, secure protections for sustainability and green technologies, and ensure cross-border IP rights in key markets, said Blijlevens. “Keeping up with evolving IP laws, especially in areas like digital content and software, is crucial. Companies should also explore licensing and collaboration models to expand the reach and value of their IP while staying informed on regulatory developments to maintain a competitive advantage.” 

“IP rights holders may focus on prioritization their IP registration and enforcement in digital spaces as well as monitoring and adapting to legal developments in AI and digital content. Other areas that should draw the focus of IP rights holders include developing licensing and IP commercialization strategies, particularly in industries such as technology, green tech and manufacturing, which could aid a business’ expansion into new markets. It would also be wise for businesses to consider IP audits and portfolio reviews if they have not done so recently in order to optimize their IP, identify potential risks and ensure adequate protection to help strengthen their market position,” said Horayangura. 

Chwu highlighted the move to file more patent applications in China. “According to a recent report published by the China Patent Office, the average examination period for invention patent has been decreased to 15.7 months which is very competitive with the rest of the IP Five patent offices around the world,” he said.” South Korea, Japan, Europe and the United States make up the rest of the IP Five. 

He added: “In conjunction with that, the Guidelines for Patent Examination were recently amended to bring global best practices into the Chinese patent prosecution procedure. For example, the latest edition of the guidelines incorporates an updated calculation method for patent term adjustment. Applicants should also consider making use of the dual filing strategy where concurrently an invention patent and a utility model application are filed at the same time. With the dual filing strategy, an applicant can enjoy the benefits of the significantly faster grant of the utility model whilst waiting for the concurrent invention patent to grant for the same subject matter. The applicant has to choose whether to keep an invention patent over a utility model patent at the point of grant of the invention patent application, but this is a worthwhile trade-off for quicker ostensible protection for their IP in China.” 


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