New Year, New IP Priorities: What to Know as You Plan for 2026

As IP teams plan for the year ahead, recent developments offer clear signals about where attention and resources may be needed most. From evolving patent and trademark strategies to growing public awareness of IP and pivotal court battles over AI and copyright, these updates highlight how intellectual property will continue to shape innovation, enforcement, and risk management in 2026. Together, they provide practical context for refining portfolios, updating policies, and preparing for a year where AI will play an increasingly central role in IP decision-making.

SEP Working Group to Continue USPTO’s Efforts Supporting Injunctive Relief for SEP Owners

The U.S. Patent and Trademark Office has announced a new Standard-Essential Patent (SEP) Working Group tasked with developing policy to strengthen injunctive relief options for SEP owners. This follows recent PTO involvement in SEP cases before the International Trade Commission and U.S. district courts, where the Office has encouraged courts to recognise that monetary damages alone may not adequately compensate SEP holders. For IP managers handling communications, telecom, IoT, or other standards-based portfolios, this signals a potential shift in enforcement posture favoring stronger remedies. Teams should review SEP holdings, assess licensing strategies and prepare internal guidance for how SEP disputes might be pursued or defended in 2026.

Madrid System 2025 in Review and What It Signals for Global Trademark Filing

A WIPO review of the Madrid System in 2025 highlights a year of transformation in global trademark applications and services. The review points to efforts to modernise the Madrid System with faster digital services, expanded outreach, and deeper API integrations to help national and regional offices connect more efficiently. For IP managers tasked with global trademark strategy, this suggests continued emphasis on digital readiness and portfolio harmonisation across jurisdictions. Preparing for more automated, integrated filing and monitoring processes can reduce administrative burdens and support quicker responses to oppositions or renewals across major markets.

AI Copyright Fair Use Battles Poised to Shape 2026

Legal battles over whether training AI systems on copyrighted material qualifies as fair use are entering a decisive phase in U.S. courts in 2026. Major tech companies like OpenAI, Google and Meta argue that using copyrighted works to train generative models is legally transformative, while publishers, authors and entertainment companies are pushing back, filing high-profile lawsuits and seeking compensation. Early judicial decisions have been mixed, creating uncertainty about risk exposure and enforceability for both rights holders and technology developers. For IP managers, these cases could influence how you approach licensing negotiations, risk assessments for AI-related projects, and internal policies on data use and copyright compliance in machine-learning workflows.

Global Awareness of IP Is Increasing

WIPO Pulse highlights a growing global awareness and trust in intellectual property rights, based on responses from tens of thousands of participants worldwide. For IP managers, this trend supports stronger enforcement and licensing efforts and reinforces the value of clear IP communication. Understanding where awareness is growing, and where gaps remain, can help teams tailor education, stakeholder messaging, and market strategies.
Looking ahead, these developments underscore that IP strategy in 2026 will require both vigilance and adaptability. As AI reshapes how creative works are produced and used, courts clarify copyright boundaries, and public understanding of IP continues to grow, proactive planning will be essential. Taking these insights into account now can help IP teams strengthen compliance, protect value, and position portfolios to support innovation and business goals throughout the year ahead.

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