ASIA PACIFIC Trends and Developments Contributed by: Dongxiao Ma, Yuanchao Ma, Dan He and Peng Zhang, Zhong Lun Law Firm
and administrative trade secret protection rules, pos- sessing comprehensive litigation and practical experi- ence, are best placed to take the pulse of protection in this era of systemic change. Patents Frontline game: navigating the new landscape of collaborative patent protection in the Asia-Pacific region As an important engine of global economic growth, the Asia-Pacific region has emerged as a pivotal hub for patent innovation and rule restructuring, with patent systems undergoing a profound transformation from independent operation within single jurisdictions to regional co-ordination and rule integration. This shift is reflected not only in the differentiated examination standards iterated by various countries to accommo- date frontier technologies such as AI and biomedicine, but also in the nuanced balancing of rights protection boundaries, cross-border enforcement mechanisms and the balance of public interests. From the perspective of patent grant and patent invali- dation requests, divergent regional rules have become a primary challenge for corporate IP strategies. While all major Asia Pacific economies operate within the framework of international agreements, including the Trade-Related Aspects of Intellectual Property Rights (TRIPS), Regional Comprehensive Economic Part- nership (RCEP) and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), their patent examination standards vary significantly due to differing stages of development and industrial priorities. In reviewing patents involving algorithms and big data, China emphasises that algorithms must have specific technical connections with the internal structure of computers, Singapore recognises the patentability of pure software when it achieves specific technical effects and Australia maintains a strict technical con- tribution test. India has introduced specialised guide- lines governing the patent examination framework for AI, blockchain and related technologies. Against this backdrop of regulatory divergence, enterprises must transcend single-jurisdiction thinking and ensure structured design in alignment with their industrial lay-
out to achieve the dual aims of rights protection and commercial value. From the perspective of patent enforcement and dis- pute resolution, strategic competition has intensified markedly. In recent years, standard essential patent (SEP) disputes have become the core focus. China adheres to the fair, reasonable and non-discriminatory (FRAND) principle throughout SEP trials, Japan has issued SEP litigation guidelines proposing a four-step negotiation framework and Southeast Asian countries have established specialised IP courts, either refer- encing the EU framework or being influenced by US precedents, forming differentiated judicial approach- es. In such a litigation landscape, the co-ordination of remedy strategies in multi-jurisdictional parallel pro- ceedings relies on the legal team’s comprehensive expertise in substantive and procedural laws across multiple jurisdictions, as well as their ability to co- ordinate and strategise across different legal systems. The globalisation of R&D has driven patent commer- cialisation, prompting countries to iterate and form differentiated compliance requirements for patent transactions. China and Korea have incorporated pat- ents for sensitive technologies into export controls, Singapore leverages RCEP to simplify patent review for member states while strengthening the filing of sensitive technologies, and Australia has enhanced cross-oversight between patent regulation and anti- trust enforcement. In this regulatory environment, enterprises should elevate patent transactions to a corporate strategic level and systematically design licensing terms and rights allocation structures tai- lored to individual jurisdictions. Overall, patent protection essentially embodies the co- ordination and competition associated with the com- mercialisation of innovative value. When expanding into the Asia-Pacific market, enterprises must adopt a full-chain mindset to integrate patent grant, enforce- ment and commercialisation. By relying on profes- sional cross-jurisdictional legal support, enterprises can maximise patent value amid rule-based games, adapt to the new landscape of collaborative protec- tion and seize the initiative in innovative competition.
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