The Office of the U.S. Trade Representative (USTR) recently released its 2025 Special 301 Report, which evaluates the adequacy and effectiveness of intellectual property (IP) protection and enforcement by U.S. trading partners. Several Southeast Asian countries are featured in the report, reflecting both areas of concern and signs of progress:

• Indonesia remains on the Priority Watch List due to significant concerns regarding widespread piracy, particularly illegal streaming and unlicensed software use. Enforcement mechanisms are underdeveloped, and rights holders continue to face a legal system that is procedurally complex and inefficient. Strengthened enforcement and streamlined legal remedies are urgently needed.

• Thailand continues on the Watch List. While enforcement authorities have increased efforts to combat online piracy, criminal prosecutions remain infrequent. Ongoing amendments to Thailand's copyright law are a positive step and could support more effective enforcement once implemented.

• Vietnam is listed on the Watch List. Online piracy remains a serious and unresolved issue, and despite a solid legal framework, there is a notable lack of criminal investigations and prosecutions. Vietnam is currently reviewing its IP laws and has indicated plans to establish a specialized IP court, which could enhance judicial capacity and enforcement.

• Philippines has demonstrated notable progress. The government has strengthened its enforcement structure, improved inter-agency coordination, and conducted an increasing number of raids and seizures of counterfeit goods. These actions reflect a growing commitment to robust IP protection.

• Malaysia has taken meaningful legislative steps by amending its Copyright Act to introduce new criminal penalties for illegal streaming. These amendments signal a clear intent to modernize its IP regime and address evolving enforcement challenges.

In summary, the 2025 report highlights a diverse regional landscape. While systemic enforcement issues remain in some jurisdictions, other countries are making tangible reforms and stepping up efforts to improve IP protection and enforcement.

If you have any inquiries regarding intellectual property protection in Southeast Asia, please contact us at [email protected].

Narisara Jessica Sangiumpun

Assistant Director (Thailand) & Head of Enforcement

[email protected]

+6621172272