2025 USTR Special 301 Report: What It Tells Us About IP Protection in APAC

The 2025 USTR Special 301 Report highlights persistent and evolving IP enforcement issues across the Asia-Pacific region. For rights holders, enforcement teams, and investigators operating in this geography, the report offers crucial signals—both of where the risks lie and where pressure may be mounting for reform.

Slightly broader than this blog's pure anti-piracy focus, let’s examine what the 301 report says for the region this year.

Key APAC Countries on the Watch Lists

• Priority Watch List: China, India, Indonesia, and Vietnam remain on this high-alert list due to systemic IP protection failures, weak enforcement, and opaque legal procedures.

• Watch List: Thailand and the Philippines. Both continue to make only incremental progress, with long-standing concerns over piracy, counterfeiting, and enforcement coordination.

  
  

Observations:

• China continues to dominate discussions with “unfair technology transfer” policies and criminal thresholds that impede prosecution.

• India is flagged for lacking patent transparency and enforcement mechanisms.

• Vietnam sees concerns over the implementation of its new IP law amendments.

• Indonesia and Thailand face criticism for slow enforcement and lack of deterrent penalties.

• The Philippines is called out for poor coordination among enforcement agencies.

  
  

Common Enforcement Gaps in APAC

• High criminal thresholds: Authorities often require unreasonable volumes of counterfeit goods before acting.

• Lack of ex officio authority: Customs and enforcement units are unable to act without complaints.

• Weak online enforcement: Platforms thrive without liability frameworks or takedown mechanisms.

• Minimal use of civil enforcement tools: Rights holders face slow, costly litigation processes.

• Fragmented inter-agency coordination, especially where trade, customs, and IP offices don’t communicate.

  
  

Opportunities for Engagement

• APAC governments are under pressure to align with global IP standards. Trade partners are watching, and USTR scrutiny gives leverage.

• Vietnam’s recent legal reforms offer a chance for rights holders to push for proper enforcement in practice.

• Thailand’s and the Philippines’ ongoing Watch List status makes them ripe for rights holder-led capacity building and bilateral pressure.

  
  

Strategic Takeaways

• Digital piracy remains a core issue—especially across Thailand, Vietnam, and the Philippines—despite rising OTT penetration and legislative tweaks.

• Supply chain investigations in Vietnam and Indonesia remain critical due to their manufacturing roles and limited border enforcement.

• Online-to-offline transitions in the Philippines and India should be watched—local marketplaces are not just hosting sales but facilitating imports.