Can economic disparity and inconsistent IP standards among member countries of the Association of Southeast Asian Nations (ASEAN) be reconciled to successfully achieve unity?
IP standards in the ASEAN Community
Intellectual property standards are still uneven, despite the ASEAN’s goal of creating a united economic community among the ten member states: Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. There are clear differences in IP standards between countries, with just one example easily seen by comparing Singapore, a country that is highly rated for its vigorous enforcement of IP laws, and neighboring Vietnam, a nation still attempting to legitimize its IP system. Members of the ASEAN are currently working with a network of IP experts from the EU, Japan, and the United States to help establish an institutional framework and bring long term success to the region’s IP system.
IP Standards | EU- ASEAN Cooperation
IP Standards | EU- ASEAN CooperationA Memorandum of Co-operation (MoC) was signed on February 27, 2016 between the head of each ASEAN member state’s Intellectual Property Office and the European Patent Office. The agreement supports the ongoing patent-related initiatives consisting of work-sharing arrangements, patent information, and development of search and examination capacities in ASEAN countries. The European Union Patent Office will work with ASEAN countries to assist in the training of patent examiners on topics such as data exchange, patent classification, integration of machine translation databases, and exchange of best practices.
Unlike the EU unified patent system which operates in three official languages: French, German and English, the ASEAN countries are looking to have their entire patent process operate in one official language; English. This will also affect the ASEAN Patent Examination Cooperation (ASPEC) request form. Although the standardized procedure for filing patents will be performed in English, member countries will still need copies of the documents translated into their local languages. These include Vietnamese, Thai and Indonesian.
IP Standards | The Launch of ASEAN IP Portal
IP Standards | The Launch of ASEAN IP PortalThe ASEAN IP Portal, which was launched in 2013, simplifies the information flow within the region’s IP knowledge network and gives stakeholders the ability to access information about notices and procedures. The launch of the portal is an attempt to strengthen the IP systems of ASEAN member states and raise the level of IP awareness in Southeast Asia. The launch of the new portal demonstrates unity within ASEAN member states, and gives Southeast Asia a pathway to the coveted position of a world IP leader.
The portal is managed by Singapore and new initiatives are being introduced to make it more effective overtime. One of these initiatives is an electronic application form for the ASPEC platform. This aims to increase the quality of search results regarding information on trademark registrations and applications in the ASEAN countries.
It’s Up to the Member States to Decide…
Some ASEAN countries, such as Thailand and the Philippines, are looking to Singapore’s IP system as a model. Singapore recently became the ASEAN’s first International Patent Search and Examination Authority under the Patent Cooperation Treaty. But some experts predict that it may take years of reform before the IP systems in Thailand, the Philippines or Vietnam can achieve international standards, and this can only be done with the help of leaders from the international community. The success of small initiatives, such as the launch of the IP portal, is very important to the long term success of the patent system in Southeast Asia. Overall, these small initiatives are gradually building a framework that will help bring the region’s IP system up to par with international standards.
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