IP Index: Strong Trademark Protection Globally, But Growing Digital Realities Take Hold

Ryan Denson
Manager, International IP for the Global Innovation Policy Center (GIPC), U.S. Chamber of Commerce

Published

April 28, 2026

As global commerce becomes increasingly accessible, trademark protection has emerged as a central test of whether intellectual property frameworks can keep pace with modern enforcement challenges. The 2026 U.S. Chamber International IP Index shows that while most economies continue to provide solid, foundational trademark protections, rising levels of counterfeiting across all mediums are reshaping the risk landscape for brands and consumers alike.

The big picture: Trademark protection remains one of the strongest-performing pillars in the Chamber’s International IP Index.

Most of the 55 sampled economies provide basic and enforceable safeguards, with only nine scoring below 50 percent.
Overall performance is solid, with an average score of 63.52 percent.

However, this relative strength masks a rapidly evolving enforcement challenge: trademark infringement is increasingly adaptable to modern changes in physical markets and online channels, placing new pressure on existing legal and institutional frameworks.

Counterfeiting in the digital age: Infringement has evolved as internet access grows globally, putting pressure on enforcement systems that were originally designed for physical markets. Recent developments in Southeast Asia illustrate how governments are adapting enforcement frameworks to meet digital realities.

In Thailand, new partnerships between the government and e-commerce platforms have helped curb the sale of illicit medicines sold online. At the same time, a joint FDA and law enforcement raid seized nearly half a million counterfeit items.
In the Philippines, the government strengthened legal certainty for rights holders through new tools, including a Register of Well-Known Marks and expanded public-private enforcement partnerships.

The new reality: As trademark infringement evolves online, enforcement effectiveness is no longer determined solely by the strength of laws on the books, but by how well mechanisms operate in digital ecosystems. In the absence of clear rules and coordinated enforcement strategies, rights holders face growing exposure, consumers are exposed to unsafe and counterfeit goods, and illicit actors gain competitive advantages.

The bottom line: The Index findings underscore a critical truth: strong trademark laws remain essential, yet they must be matched by modern, digital‑ready enforcement. Protecting brands and consumers in today’s marketplace will depend on how effectively governments and rights holders align their efforts to confront the scale, speed, and complexity of online counterfeiting.