A decade of unity: working together to boost ASEAN IP
“We have weak intellectual property enforcement and our IP registration is slow in some ASEAN countries,” says Chew Phye Keat, president of the ASEAN Intellectual Property Association (ASEAN IPA), who discusses some of the current IP issues in the region.
“First of all, we have to understand ASEAN’s purpose, which is to become a united economic entity,” says Chew. As part of becoming a united economic entity, the IP offices of each country are working together. “IP is important, therefore the IP offices formed a working group so that we can do things together as a region.”
The ASEAN IPA is a private sector association formed following the adoption of the ASEAN Framework Agreement on IP Cooperation in 1995 to provide feedback to and cooperate with the ASEAN IP offices, as well as the ASEAN Working Group on IP Cooperation (AWGIPC) on issues relating to IP in the region.
This year, the ASEAN region is set to improve its IP system by implementing a raft of changes. These range from a new strategic plan taking the region on a step-by-step journey to improvements, to the establishment of IP laws in Myanmar, a country with no IP legislation.
“The main changes we will see related to IP in the ASEAN region will be to the IP Strategic Action Plan 2016–2025, which is being implemented by the AWGIPC,” Chew explains.
AWGIPC comprises the IP offices of the ASEAN member states: Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.
Four goals
The new action plan lays out the steps which will be taken in the next decade in the region. Four main goals are introduced. First, the AWGIPC intends to strengthen IP offices and build IP infrastructure. This will be done by improving IP services, promoting improvement of IP services in term of timeliness and quality of output, acceding to international treaties including the Madrid Protocol, Hague Agreement and Patent Cooperation Treaty, and establishing a virtual ASEAN IP Academy.
Second, the AWGIPC intends to further build regional IP platforms. This will be done by developing new networks of integrated IP services for the region such as technology transfer and innovation technology support offices. The AWGIPC will also seek to improve service delivery through connected online services, adopt modern IT, and centralise the management of the ASEAN IP portal.
The third goal in the IP Strategic Action Plan is to expand the ASEAN IP system. This will be done first by establishing an ASEAN IP network of judiciary, customs and other enforcement agencies. Second, ASEAN engagement with internal and external stakeholders is to be enhanced.
“We are expecting that Myanmar will be able to join the rest of the ASEAN countries with proper IP laws in the near future.”
Last but not least, the fourth strategic goal is to promote asset creation and commercialisation, particularly through enhancement of traditional knowledge. This will be done by improving awareness and respect of IP in order to promote its protection and use, developing IP valuation services to create awareness of the value of IP as a financial asset, promoting the commercialisation of geographical indications in the ASEAN region, and promoting a protection mechanism for genetic resources and traditional knowledge.
Joining Madrid
Along with AWGIPC’s IP Strategic Action Plan, the ASEAN countries which have not yet acceded to the Madrid Protocol are set to do so. Only three ASEAN countries are part of the protocol: the Philippines, Vietnam and Singapore. The rest have agreed to adopt the protocol, however this involves changing their systems and laws so that they comply with it.
“Whenever a new law is implemented, the ASEAN countries will do it together. The Madrid Protocol is the next thing that all the ASEAN countries will be taking on,” says Chew.
The Madrid Protocol is an international agreement on registrations of trademarks.
“Run by the World Intellectual Property Organization (WIPO), it allows someone from a member country to file in their country and then get the application pushed out to the other countries through the Madrid Agreement,” Chew explains.
The Madrid Union currently has 97 members, covering 113 countries. According to WIPO, these members represent more than 80% of world trade, with the potential for expansion as membership grows.
A major change which can be expected in the ASEAN region is the development of IP laws in Myanmar (formerly Burma). “We are waiting for Myanmar to switch on the light. We hope to bring an IP community to Myanmar by having proper IP laws,” Chew explains.
Although Myanmar does not yet have specific IP laws, some existing legislation protects IP rights, and the courts have protected such rights in several cases.
“Myanmar is like the UK 100 years ago, in that there are some kinds of common law principles that they can use to protect their IP rights, but it’s very primitive. WIPO, the US Patent and Trademark Office and the European Patent Office have all been helping the country to rise to the right standards,” says Chew.
He adds: “We are expecting that Myanmar will be able to join the rest of the ASEAN countries with proper IP laws in the near future.”
The government issued draft laws for industrial designs, patents, trademarks and copyright back in July 2015. The implementation of these laws will most likely have a positive impact on business, and make Myanmar more attractive for investment, as IP owners will be in a better position to protect and preserve their IP rights in the country.
Raising awareness
The ASEAN IP community is determined to improve the region’s IP rights protection and awareness, but there are still some issues to be dealt with.
“In certain ASEAN countries, we are seeing weak enforcement of infringement cases,” Chew explains.
“Sometimes taking legal action to enforce IP rights can be complicated or take too much time because the authorities want a certain kind of evidence before they take action. This is usually in the area of counterfeit goods.”
The AWGIPC is in the process of tackling this problem by training and raising awareness among the courts, police and customs.
“Another aspect is the slow registration of IP rights. Again, the AWGIPC is making sure that the offices act faster.
“The improvements are made by providing training for officers in the government IP departments, so they know how to examine IP applications in an efficient manner. There is a lot of cross-sharing of data and capabilities.”
“These are the main issues we are facing, but all ASEAN countries are on board to improve themselves,” Chew concludes.
