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11 May 2014Trademarks

INTA 2014: Trademark protection in Asia

New IP laws in Myanmar and updates to China's trademark provisions have created exciting opportunities in Asia but there is still work to be done, the INTA annual conference has heard.

During a session on trademark protection across the continent, updates to China's laws and draft laws in Myanmar were described as “key steps” towards better protection and enforcement.

Toe Su Aung, general counsel of anti-illicit trade at tobacco company BATMark Limited, said Myanmar, having previously has no set IP system, had started an “ambitious programme” to initiate “substantial” laws.

The laws, created by the Ministry of Technology (MoT), consist of four drafts covering trademarks, copyright, designs and patents, while a patent and trademark office will also be opened.

However, while the MoT has done a “fantastic job”, Toe said now is the time for brand owners and organisations to work with the government to ensure the importance of IP is understood.

“When passing laws there is a danger that certain aspects may get lost in the parliamentary procedure,” she said.

“It is vital to work with government groups to ensure legislators have a good understanding of the importance and value of IP, particularity in a growing economy such as Myanmar.”

With a population of 16m and “huge natural resources” Toe said the country provided ample opportunity for those passionate about the region to help its IP regime develop.

Across Asia in general, a priority must be to “step up” monitoring at borders when searching for counterfeit goods.

Toe said: “We need to make sure customs officials are talking about and have awareness of IP enforcement while making sure there is alignment between trademark owners and those officiating at borders.”

The session also paid close attention to China and its continued shift away from its previous image as a hotbed of infringement.

The country, hosting the annual meeting for the first time, passed widely anticipated and discussed revisions to its trademark law on May 1.

The revisions include increasing fines for trademark infringement and allowing multiple class registrations.

Rachel Li-Mei Tan, a lawyer at Rouse LLP in China, said the country was gradually shrugging off its reputation for producing “toxic and tainted” products.

“China has a lot on its side,” said Tan, who revealed that $300 billion had been spent on online technology platforms in the last year.

“China is the world's biggest factory, and has the infrastructure and great government support for innovation. There is opportunity for market-driven companies to make great inroads.”

The INTA annual meeting runs started on May 11 and runs to May 14.

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