International trademark protection strength: 1990–2020

Abstract

This paper presents a pioneering study that addresses the insufficient attention given to trademark rights in current indices that evaluate the protection of intellectual property rights (IPRs). Our study sets itself apart from previous measures by defining the strength of trademark protection as the level of applicant friendliness within a country's trademark system. We introduce the innovative trademark protection strength (TPS) index, which focuses on 78 countries spanning from 1990 to 2020. Drawing on established theoretical components of the patent system, we deconstruct the TPS index into four distinct dimensions: international mechanisms, legislation, enforcement and administration. Our findings reveal the growth and subsequent stabilisation of global trademark protection strength, with reduced disparities observed after 2005. Importantly, we identify variations in improvement rates among countries with different income levels, thereby highlighting the influence of economic factors. By providing a detailed methodology and transparent construction of the TPS index, we ensure its replicability and potential for future expansion. The index's objective data and extended coverage facilitate the examination of various configurations of IPR systems, policy designs and their impact on the global economy.