Intellectual Property Rights

Overview

Over the last forty years, ideas and innovation have become the new capital of the day.  Intellectual Property is a tool of economic development that can produce wealth for the creative and entrepreneurial segment of the population. Managing Intellectual Property well can help increase revenue streams of businesses and enhance shareholders’ value. As a class of property that includes intangible creation of the human mind, Intellectual Property also protects technology innovations, enhance brand recognition and increase competitive advantage for products and services in the global marketplace. 

 

Intellectual Property includes patents, utility models, copyright, industrial designs, trademarks, plant variety protection, integrated circuits design, genetic resources, trade secret, traditional knowledge, geographical indications and domain names. It plays an important role in the achievement of national and regional socio-economic development goals of the ASEAN Economic Community (AEC). It is also a critical tool in encouraging transfer of technology, and stimulating innovation and creativity that will lead to  a competitive, innovative, and dynamic ASEAN as envisioned in the AEC Blueprint 2025.

 

Regional cooperation in the field of IPR began with the goal of providing a firm basis for economic progress and expedite the realization of ASEAN Free Trade Area among the ASEAN Member States (AMS).  AMS signed the ASEAN Framework Agreement on Intellectual Property Cooperation (the IP Cooperation Agreement)  in December 1995 to promote cooperation in the field of intellectual property rights and to explore appropriate intra-ASEAN cooperation arrangements.  Article 3 of the IP Cooperation Agreement  on the Scope of Cooperation envisaged ASEAN Member States in cooperative activities that shall aim to “strengthen ASEAN intellectual property administration; enhance ASEAN cooperation in intellectual property enforcement and protection and to explore the possibility of setting up the ASEAN patent and trademark system”. Details and modalities to implement such cooperative activities shall be done through an IP action plan under the framework of this agreement.

 

IPR cooperation in ASEAN is spearheaded by the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC), which was established in 1996 to formulate the details and modalities to implement the cooperative activities.  Several sub-committees have since been set up under the AWGIPC, namely the Task Force on Trademarks, the ASEAN Task Force on Patent Examination Cooperation, the ASEAN Network of IP Enforcement Experts (ANIEE) and the Intellectual Property Academy Working Group (IPAWG) to support the work of the AWGIPC. 

 

The AWGIPC is also tasked to facilitate ASEAN’s work:

 

  • to accelerate the pace and scope of IP asset creation, commercialization and protection;
  • to improve the regional framework of policies and institutions relating to IP and IPRs,
  • to promote IP cooperation and dialogues within the region as well as Dialogue Partners and organizations;
  • to strengthen IP-related human and institutional capabilities in the region, including fostering greater public awareness of IP and IPR issues and implications, 

Progress have been made in recent years on enhancing work-sharing arrangements, establishing regional IP databases and promoting the use of common guidelines for examination.

 

There have been several action plans on IPRs covering all these aspects, the latest being the ASEAN IPR Action Plan 2016-2025.  The ASEAN IPR Action Plan 2016-2025 comprised of four strategic goals, i.e. 

 

  1. A MORE ROBUST ASEAN IP SYSTEM IS DEVELOPED BY STRENGTHENING IP OFFICES AND BUILDING IP INFRASTRUCTURES IN THE REGION;
  2. REGIONAL IP PLATFORMS AND INFRASTRUCTURES ARE DEVELOPED TO CONTRIBUTE TO ENHANCING THE ASEAN ECONOMIC COMMUNITY;
  3. AN EXPANDED AND INCLUSIVE ASEAN IP ECOSYSTEM IS DEVELOPED; AND
  4. REGIONAL MECHANISMS TO PROMOTE ASSET CREATION AND COMMERCIALIZATION, PARTICULARLY GEOGRAPHICAL INDICATIONS AND TRADITIONAL KNOWLEDGE ARE ENHANCED. 

Implementation of these strategic goals will improve ASEAN’s IP systems and increase the confidence of IP users. The four Strategic Goals comes with 19 initiatives and 56 deliverables which encompass many aspects in IP systems, infrastructures, platforms and mechanisms, and are set out briefly as follows:

 

  1. Improved patent, trademark and industrial design services
  2. Improved IP services in timeliness and quality of output
  3. Collective Management Organisations (CMO)
  4. Harmonised formality requirements for trademarks and industrial designs
  5. Accession to Madrid Protocol, Hague Agreement and Patent Cooperation Treaty (PCT)
  6. Accession to WIPO-administered treaty
  7. IP Academy
  8. Technology Transfer Offices (TTO), and Innovation Technology Support Offices (ITSO)
  9. Search services and online filing systems
  10. Improved databases
  11. ASEAN IP Portal
  12. IPR Enforcement
  13. IP Network
  14. ASEAN IPR Helpdesk
  15. Regional Accreditation for IP practitioners
  16. IP awareness for MSMEs and creative sectors
  17. IP valuation
  18. Commercialisation of GI
  19. Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (GRTKTCE)

Other than initiatives and deliverables identified in the AIPRAP 2025, more IPR initiatives, priorities, goals and objectives can also be found in the ASEAN Digital Integration Framework Action Plan (DIFAP) 2019-2025 and ASEAN Innovation Roadmap (AIR) 2019 to 2025 and its Implementation Plan. ASEAN DIFAP provides coordination mechanisms to enhance enforcement of intellectual property rights in the digital environment; and  on policy adoption to support creativity, entrepreneurship, and the flourishing of technology. 

It is further complemented by the AIR which focuses on the development of multiple IP licensing option and the development of guidelines for block chain on Smart Contracts for crypto digital assets.

 

Priority Areas of Cooperation

To develop and implement the initiatives under each strategic goal, and accelerate the progress towards completion of the current Action Plan, the AWGIPC continues to enhance its relationship and active cooperation with IP institutions and agencies of development partners and the private sectors.  These include IP Australia (IP AU), European Patent Office (EPO), European IP Office (EUIPO), Japan Patent Office (JPO), Korean IP Office (KIPO), IP Office of New Zealand (IPONZ),  China National IP Administration (CNIPA), United States Patent and Trademark Office (USPTO), World IP Organisation (WIPO), ASEAN IP Association (AIPA), Business Action to Stop Counterfeiting and Piracy (BASCAP) – under the International Chamber of Commerce (ICC), and the International Trademark Association (INTA).

 

ASEAN Intellectual Property Rights Action Plans are implemented on an on-going basis throughout the duration of the respective action plans.  

 

Key Priorities/Initiatives under the sector:

 

2015

Conduct IP Diagnostic of AMS IP System to ascertain issues and the extent of their impact on delivery of IP Services

2016

Trademark and Design Diagnostics for all AMS

Revamped ASEAN IP Portal

2017

Accession to Madrid Protocol

Publication of the Common Guidelines on Substantive Examination of Trademarks

Website for MSMEs on IP Awareness and Training 

2018

Accession to Madrid Protocol 

Website for MSMEs on IP Awareness and Training

Publication of the Common Guidelines on Industrial Design Examination

Creative ASEAN – Furniture Design Competition

2019

Adopt a prioritised approach for ASEAN Patent Examination Co-operation (ASPEC) requests filed for technologies supporting ASEAN Innovation

Finalise the feasibility study on the ASEAN IP Academy

Finalise the Handbook on IP Enforcement Rules and Regulations.

Accession to the Madrid Protocol by remaining AMS (Malaysia in 2019; Myanmar beyond 2019)

2020

Complete the Feasibility Study on an ASEAN TM Registration System

Develop the draft of ASEAN Common Guidelines on Patent Examination

Complete the Guidelines on Geographical Indications (GI) Registrations and protection mechanism of GIs in AMS and the impact study of ASEAN GI registration in the ASEAN region



2021

Establish a virtual platform for an ASEAN IP Academy  

Complete the study on the Quality Management System of the AMS in relation to Patent Processes

Complete the comparative study on GRTKTCE

Complete the draft of ASEAN Common Guidelines on Patent Examination

Majoral Sectoral Bodies/Committees

The AWGIPC hopes to implement the AIPRAP 2025 with cooperation from all stakeholders, academia, business and dialogue partners. Finding the right resources and working with other ASEAN sectoral bodies are also important. With Intellectual Property as a tool of development being at the core of ASEAN’s economic integration, the implementation of the AIPRAP 2025 remains a top priority.

 

The ASEAN Working Group on Intellectual Property Cooperation (AWGIPC) was formed 1996 as a sectoral group responsible for IP issues in the region comprising IP offices of the ASEAN Member States. Other task force groups or sub committees formed by the AWGIPC are responsible to implement deliverables under the AIPRAP 2025 set out as follows:

  1. Task Force on Trademarks (TMTF) (2014)
    • TMTF is focused on delivering regional initiatives on trademarks that have been identified as priorities and include the feasibility studies on the establishment of a regional trademark registration system, as well as the updating of the ASEAN Common Guidelines on Substantive Trademark Examination which is currently being used as a reference by the IP Offices in the Region.
    • With the task force, there will be greater involvement from the offices which will ensure the implementation of AWGIPC’s initiatives on the working level.
  2. the ASEAN Task Force on Patent Examination Cooperation (ASPEC) (2011)
    • ASPEC was establish in 2011 to deliver priority regional initiatives on Patents. One of its main achievement is the successful launch of the Patent Cooperation Treaty-ASPEC (PCT-ASPEC) and the ASPEC Acceleration for Industry 4.0 Infrastructure and Manufacturing (ASPEC-AIM) during IP Week @SG2019 in Singapore.
    • ASPEC is a regional patent work sharing program for 9 ASEAN Member States. Applicants may use the search and examination reports of participating IP offices to accelerate the patenting process in any of the participating IP offices.
    • ASPEC-AIM has a committed turnaround time of 6 months to receive the first office action if an ASPEC request is made for Industry 4.0 patent applications.
    • PCT-ASPEC has the additional choice of relying on a Patent Corporation reports issued from an ASEAN International Searching Authority or International Preliminary Examination Authority (ISA/IPEA).
  3. The ASEAN Network of IP Enforcement Experts (ANIEE) (2017) is a network of enforcement experts comprises of AMS IP officials, investigators and prosecutors dedicated to the delivery of the IP enforcement deliverables under the AIPRAP 2025 including the enforcement of IP laws and digital protection.
  4. The ASEAN Intellectual Property Academy Working Group was establish in 2020 to establish the ASEAN IP Academy (which is a 2021 key priority deliverable) and to report to the AWGIPC on its progress.

Traditionally, the AWGIPC would have three sectoral meetings in a year, usually in the months of March, July and November whereas the other task force groups will have less than or just two meetings in each year. AWGIPC is presently chaired by Deputy Director General Dr Le Ngoc Lam from The National Office of Intellectual Property of Vietnam.

Links and Key Documents

ASEAN Secretariat : ASEC-IPR@asean.org 

 

  1. BRUNEI DARUSSALAM (BN)
  2. CAMBODIA (KH)
  3. INDONESIA (ID)
  4. LAO PDR (LA)
  5. MALAYSIA (MY)
  6. MYANMAR (MM)
  7. PHILIPPINES (PH)
  8. SINGAPORE (SG)
  9. THAILAND (TH)
  10. VIET NAM (VN)

AMSs accede to these international Intellectual Property agreements or conventions to take advantage of international IP protection extended to other member countries when companies were to register in their respective countries.  

There are many such IP international treatise, conventions and agreements. Some of the more common ones in which are acceded to by one or more or several AMSs are as follows (AMS memberships are correct as at 7 Apr 2020):-

  • MADRID PROTOCOL (BN, KH, ID, LA, MY, PH, SG, TH, VN); click here and here
  • MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS (BN, KH, ID, LA, MY, PH, SG, TH, VN); click here and here
  • NICE AGREEMENT CONCERNING THE INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES FOR THE PURPOSES OF REGISTRATION OF MARKS (MY, SG); click here and here
  • VIENNA AGREEMENT ESTABLISHING AN INTERNATIONAL CLASSIFICATION OF THE FIGURATIVE ELEMENTS OF MARKS (MY); click here and here
  • HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS (BN, KH, SG, VN); click here
  • LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL CLASSIFICATION FOR INDUSTRIAL DESIGNS (SG); click here and here
  • PATENT CORPORATION TREATY (BN, KH, ID, LA, MY, PH, SG, TH, VN); click here and here
  • WIPO COPYRIGHT TREATY (BN, ID, MY, PH, SG); click here and here
  • PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY (BN, KH, ID, LA, MY, PH, SG, VN); click here and here
  • BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (BN, ID, LA, MY, PH, SG, TH, VN); click here and here
  • BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF THE DEPOSIT OF MICROORGANISMS FOR THE PURPOSES OF THE PATENT PROCEDURE (BN, PH, SG); click here and here
  • BRUSSELS CONVENTION REALTING TO THE DISTRIBUTION OF PROGRAMME CARRYING SIGNALS TRANSMITTED BY SATELLITE (SG); click here and here
  • LISBON AGREEMENT FOR THE PROTECTION OF APPELLATIONS OF ORIGIN AND THEIR INTERNATIONAL REGISTRATION  (KH); click here and here
  • MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED OR OTHERWISE PRINT DISABLED (ID, PH, SG, TH); click here and here
  • SINGAPORE TREATY ON THE LAW OF TRADEMARKS (SG); click here and here
  • TRADEMARK LAW TREATY (ID); click here
  • ROME CONVENTION FOR THE PROTECTION OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS; click here and here
  • BEIJING TREATY ON AUDIO VISUAL PERFORMANCES (KH, ID); click here and here
  • CONVENTION FOR THE PROTECTION OF PRODUCERS OF PHONOGRAMS AGAINST UNAUTHORISED DUPLICATION OF THEIR PHONOGRAMS (VN); click here and here
  • WIPO PERFORMANCE AND PHONOGRAMS TREATY (BN, ID, MY, PH, SG); click here and here
 

PUBLICATIONS AND RELATED LINKS TO THE SECTOR

REGIONAL PLATFORM

Currently, the AWGIPC has two regional platforms:

REGIONAL DATABASE

Seven regional databases are accessible online through ASEAN IP Portal, namely:

  • ASEAN TMview – Trademark information platform of AMS
  • ASEAN DesignView – Industrial design information platform of AMS 
  • ASEAN Patentscope with the attributes as follow:
    1. Patent dossier information from AMS IP Offices;
    2. Data Sharing Platform with international global IP systems, such as WIPO CASE for patent examiners, WIPO PATENTSCOPE and IP5 Global Dossier Systems (USPTO, EPO, JPO, KIPO, and CNIPO) for public users;
    3. Online Search Services powered by WIPO Publish; and
    4. Enhanced ASEAN Cross-border collaboration among stakeholders, including research community. 
    5. (https://www.aseanip.org/Services/ASEAN-Patent-Examination-Co-operation-ASPEC/Online-Application
    6. (http://ipsearch.aseanip.org/wopublish-search/public/patents?1
  • ASEAN TMclass – An online, multi-lingual, consultation tool offering free-of-charge access to a database of terms accepted by the participating ASEAN IP Offices to identify goods and services for marks registration of marks. (http://www.asean-tmclass.org/ec2/
  • ASEAN GI Database – Geographical indications platform of AMS
  • ASEAN IP Training Platform for MSME – A one-stop learning tool on IP to improve the capacity of ASEAN MSMEs to create, protect and manage their own products through the use of IP. (http://itawiki.org/lms/)
  • ASEAN IP Case Law – AMS IP decisions (http://asean-ipcaselaw.org/
  1. WIPO; click here and here
  2. JPO
  3. EUIPO; click here and here
  4. UKIPO
  5. KIPO
  6. EPO
  7. USPTO
  8. CNIPA
  9. AANZFTA
  10. IPA
  11. CIPO
  12. HKIPD
  13. IPONZ
  14. USCO

Under Maintenance

This Page is currently under maintenance

Advanced search

Advanced search