The U.S. Chamber of Commerce’s Global Innovation Policy Center has released the 2026 International IP Index, warning of a “growing erosion of IP leadership” among traditionally high-performing economies. Scores in eight EU member states fell compared with 2025, although the overall top ten rankings were unchanged. The United States retained the top position with a relatively stable score of 95.15% compared with last year’s 95.17%, despite a series of recent policy changes criticized as hostile to strong intellectual property protection. Those measures include the Executive Order on Most Favored Nations and National Institutes of Health “Promoting Equity Through Access Planning” guidelines adopted in October 2025.
The report shows modest but widespread score declines in several key EU jurisdictions. France (#3: 93.51% 2025/ 93.11% 2026), Germany (#4: 92.42% 2025/ 92.02% 2026), Sweden (#5: 92.09% 2025/ 91.72% 2026), Netherlands (#6: 91.26% 2025/ 90.89% 2026), Ireland (#8 – 89.51% 2025/ 89.13% 2026), Spain (#9 – 86.74% 2025/ 86.34% 2026), Italy (#12 – 84.34% 2025/ 83.96% 2026), and Hungary (#14 – 77.74% 2025/ 77.36% 2026) all saw their scores decrease. In a launch webinar, U.S. Patent and Trademark Office director John Squires described an “unmistakable and concerning trend” of intellectual property frameworks in advanced economies entering “atrophy,” risking normalization of weaker global standards at a time of rapid technological expansion. Squires drew a direct connection between the Index results and what he called an “increasingly strong warning signal” from the World Intellectual Property Organization that he argued is inconsistent with its mission.
Criticism centered on perceived moves within the World Intellectual Property Organization and the European Union that could dilute intellectual property rights. Commenters in the intellectual property community have focused on the 2024 “WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge,” which mandates disclosure of the country of origin where inventions rely on genetic resources or traditional knowledge, and on the organization’s handling of exceptions to Artificial Intelligence training in the copyright context. Squires urged that “proposals are entertained that weaken IP rights or attempt to redefine IP rights in ways that undermine the incentives that drive innovation” should be rejected, arguing that the Index “tells a different story” from the World Intellectual Property Organization’s stated mission to serve innovators and creators. Panelists also highlighted December 2025 changes to EU General Pharmaceutical Legislation that affect “almost all facets of the biopharmaceutical market authorization process and related IP incentives, including patent rights,” including a broader Bolar exemption reaching activities such as “conducting health technology assessments, obtaining pricing and reimbursement approvals, and submitting procurement tender applications.”
Industry representatives warned that expanding the Bolar exemption into commercial spheres “leads to uncertainty,” and one panelist said that reduced EU Regulatory Data Protection exclusivity could result in patent holders potentially losing up to 20% of their exclusivity period, calling these “negative signals.” The Index does report positive movement in other regions: 20 economies improved their overall score, with the United Arab Emirates (+4.72%), Ecuador (2.81%), Malaysia (+1.42%), and Brunei (+1.42%) seeing the largest increases, which the report said shows that targeted reform can strengthen frameworks despite global stagnation. However, 27 economies saw little or no improvement in 2026, reinforcing concerns that leading markets are accommodating weaker standards. In copyright, Brazil, Greece, Nigeria, Peru, and Poland have bolstered online piracy enforcement, but unresolved questions around Artificial Intelligence remain a concern. China slipped from #24 in 2025 to #25 in 2026, with a score of 54.58% both years, amid ongoing challenges such as patent term restoration tied to first global launch in China and continuing enforcement difficulties.
