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South East Asia - IP Guides

The following Helpdesk publications provide a range of expert-written guides that assist businesses in understanding the IP landscape in South-East Asia.

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IP protection in the gaming industry in South-East Asia

The term ‘smart city’ describes a framework, predominantly composed of information and communication technologies (ICT), that seeks to gather and organise data from multiple sources to enable the more efficient and sustainable management of an urban area.

PDF  978-92-9460-972-4   10.2826/923501   EA-05-21-331-EN-N
Paper  978-92-9460-973-1   10.2826/953416   EA-05-21-331-EN-C

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doc_5

 

 

 

 

 

IP protection in South-East Asia for the Internet of things industry

 

There are significant opportunities for European-based small and medium-sized businesses (SMEs) in SEA. However, as IoT devices by their nature typically require the application of several interdependent technologies, an SME is unlikely to provide solutions in all areas. Therefore it may need to disclose its innovations to third parties, increasing the risk of copying if preventive measures are not put in place (even before entry to the market is considered). Therefore, it is important to establish a comprehensive intellectual property (IP) strategy that considers all available forms of IP protection in order to minimise the risks associated with entering markets in the SEA.

PDF  978-92-9460-115-5   10.2826/550211  EA-02-20-578-EN-N
Paper  978-92-9460-116-2   10.2826/6080   EA-02-20-578-EN-C

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doc 2

 

 

 

 

IP protection in South-East Asia for the smart cities industry

The term ‘smart city’ describes a framework, predominantly composed of information and communication technologies (ICT), that seeks to gather and organise data from multiple sources to enable the more efficient and sustainable management of an urban area.

PDF  978-92-9460-029-5   10.2826/499446   EA-04-20-350-EN-N
Paper  978-92-9460-028-8   10.2826/022868   EA-04-20-350-EN-C

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Doc2

 

 

 

Guide to alternative dispute resolution in South-East Asia

Intellectual property rights (IPR) are legally enforceable rights, which confer their proprietors with a right to exclude others from the use of their intellectual property (IP). There are generally two categories of IPR, registrable IPR and non-registrable IPR. Registrable IPR include trade marks, patents, registered designs, geographical indications, plant variety protection, and layout designs of integrated circuits. Non-registrable IPR include copyright, and confidential information or trade secrets. However, in some countries, a registration mechanism exists for copyright. IPR are also territorial. This means that they are by their nature limited in scope to the territory in which they exist or have been granted. They are governed by each country’s own laws and regulations. Hence, they are usually only enforceable within the respective territories where they exist or have been granted. Thus, a company operating in multiple jurisdictions or with export markets in multiple regions should consider taking the necessary steps to protect their IP in all relevant jurisdictions. To facilitate applying for registrable IPR in multiple jurisdictions, international mechanisms such as the Patent Cooperation Treaty1, the Madrid System, and the Hague Agreement Concerning the International Registration of Industrial Designs can be used to obtain patent, trade mark and registered design rights protection, respectively.

PDF  978-92-9460-708-9    10.2826/389198    EA-02-21-729-EN-N
Paper  978-92-9460-709-6   10.2826/839851   EA-02-21-729-EN-C

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IP top20

 

 

Top 20 IP considerations when entering a new market

It is striking how often businesses fail to fully realise the importance and immediate value of being knowledgeable about the protection and valuation of IP assets. When entering a new market, the average company dedicates considerable resources exploring the local market, creating business plans, identifying business partners, evaluating investment options, and understanding new potential consumers. Often, such companies forget to consider their IP protection, options, and potential in the new market. A clear vision of IP strategy and how to use IP strategy to support development plans can impact a company’s growth and prevent loss of revenue further down the road. Taking the time to become informed on IP and pertinent local rules can help a company exploit opportunities or avoid pitfalls of local laws and regulations in a new market. Handled correctly with the proper strategy and knowledge, IP assets can not only be protected but can also offer increased commercialisation, income generation, and other value-added opportunities.

PDF  978-92-9460-322-7   10.2826/575080    EA-03-20-828-EN-N

Paper   978-92-9460-323-4    10.2826/876244    EA-03-20-828-EN-C

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Ip software

 

 

Software protection in South-East Asia

The Information Technology services and software sector in South-East Asia has been booming in recent years as South-East Asian nations continue to develop and flourish. In particular, South-East Asia is experiencing a rapid growth of Internet, digital, social media and mobile activities. With more than 320 million Internet users in January 2017, increasing connectivity and therefore dependence on computer technology is to be expected in this region. This translates to growth in the software industry as well, as computers cannot operate without software. “Software” is commonly understood to refer to a group of programmes, instructions, codes and other documentation related to the operation of a computerised system. As opposed to the hardware of a system, software comprises only non-physical online information and data. In the ASEAN ICT Masterplan 2020, the importance of a digitally-enabled ASEAN Community in furthering economic and social development is recognised, and undoubtedly software play a crucial role in the realisation of this digitally-enabled ASEAN Community. While there might be various categories of software, generally, there are three common ones: i) system, ii) utility and iii) application software. Generally, a variety of intellectual property (IP) issues may arise in the software industry in South-East Asia.

PDF   978-92-9460-699-0   10.2826/773231   EA-05-21-161-EN-N

Paper   978-92-9460-700-3   10.2826/558646    EA-05-21-161-EN-C

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IP online

 

 

Protection of online IPR in South-East Asia

Internet usage in South-East Asia has increased significantly over the past 10 years. The number of “netizens” varies in each country with Singapore (82%) being the most connected and Myanmar (2.1%) being the least connected (figures from 2014). Estimates for 2016 report remarkable increase in internet users for Cambodia, Indonesia, Myanmar which is consistent with rapid economic growth in these countries. The same ranking among the South-East Asian countries however remains the same, with Singapore and Myanmar having the highest and lowest percentage of penetration respectively. Based on these estimates, Myanmar has had the highest growth in Internet usage, posting a six-fold increase in internet users in two years. The number of internet users in the South-East Asia region is expected to grow rapidly over the next decade, facilitated by an increasing availability of broadband technology, low cost mobile devices and ease access to wireless internet. Together with the growing trend towards online shopping and purchasing, the internet, therefore, is an attractive business and marketing platform for many European small and medium-sized enterprises (SMEs) working with or within the South-East Asia region.

PDF   978-92-9460-318-0    10.2826/53191    EA-01-20-752-EN-N

Paper   978-92-9460-319-7    10.2826/00013    EA-01-20-752-EN-C

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ip fairs

 

 

IP during trade fairs

This guide provides an overview of Intellectual Property (IP) protection strategy for EU SMEs specifically on how to be ready before, during and after a trade fair or exhibition in China, South-East Asia and Latin-America. Trade fairs provide IP owners with the opportunity to present their innovations and ideas to potential business partners and customers. In addition, participation in exhibitions and trade fairs allows them to learn from and collaborate with other innovators. With the advent of increasingly integrated global-value chains and the continuous drive to innovate, trade fairs have become one of the most important and most efficient instruments for accessing new markets worldwide. From a prevention point of view, although attending a trade fair or exhibition can reap substantial benefits, SMEs should be aware of the possible IP risks that are implied. There is for example the risk that by disclosing your innovations to the public you are exposing yourself to third parties copying and infringing your IP. When talking about ‘infringement’ in this guide, it is important to note that we do not solely refer to mere counterfeiting of a product or un-authorised usage of a brand.

PDF   978-92-9460-259-6    10.2826/635413    EA-02-20-862-EN-N

Paper   978-92-9460-260-2   10.2826/443116    EA-02-20-862-EN-C

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ip trade

 

 

Protecting your IP at trade fairs

Trade fairs provide intellectual property (IP) owners with the opportunity to present their innovations and ideas to potential business partners and customers and they allow them to learn from and collaborate with other innovators. Sector specific Trade Fairs in South-East Asia are acquiring increasing importance among local and foreign companies, meeting the international standards of the main fairs taking place in Europe.

PDF   978-92-9460-313-5    10.2826/856518   EA-01-20-749-EN-N

Paper   978-92-9460-312-8   10.2826/044744    EA-01-20-749-EN-C

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IPR

 

 

IPR enforcement in South-East Asia

Intellectual Property Rights (“IPR”) refer generally to the collection of rights that the owners of intellectual property (“IP”) are entitled to enjoy. IP exists in many forms such as a company logo, an advertising slogan, a unique process or a way of doing things, a new music score, a new drug composition, or a creative piece of furniture design, amongst others. All these various forms of IP share a common characteristic – they are creations of the mind and feature unique and distinguishing characteristics that differentiates them from other IP. In the business world, this uniqueness is economically valuable. Inventions, for example, typically enjoy a natural monopoly because inventions are, by nature, different from existing technology, and can potentially secure newfound profits for the owner. A new song can propel a musician from obscurity to stardom or a newly patented technology can be the pivotal step for a start-up to scale up and become the next leader in its market segment. Because IP is both unique and valuable and is a key component for growth of businesses, owners of IP should take care to protect their IPR, restricting or excluding the use of their IP by others. Enforcement of IPR achieves this need and is an important aspect of IP strategy for EU SMEs.

PDF   978-92-9460-337-1   10.2826/688354    EA-04-20-687-EN-N

Paper   978-92-9460-336-4   10.2826/948690    EA-04-20-687-EN-C

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ip textile

 

 

IP considerations in the textile industry in South-East Asia

The textile industry in South-East Asia offers many promising business opportunities to European SMEs, as garments are one of ASEAN’s largest exports. The textile industry is still growing in the majority of South-East Asian countries, with the fastest growth rates registered in Vietnam and Cambodia. Furthermore, Thailand has traditionally been strong in textile manufacturing and has now set its sights on becoming a fashion hub for the ASEAN region as its textile and garment exports to other ASEAN countries have been steadily growing for the past few years. Similarly, the Indonesian government is committed to preparing several incentives in a bid to boost the textile sector and make Indonesia one of the top five global textile exporters. South-East Asia has been the production hub for many European companies which export apparel and accessories back to the European Market. At the same time, South-East Asia offers market opportunities for European products as European design is becoming more well-known in the region. Singapore, for example, has become Asia’s second fashion capital, offering a variety of high-end international brands. As Asian consumers are becoming more affluent and cities like Bangkok or Kuala Lumpur are more established in the fashion world, opportunities for European SMEs in the region will grow.

PDF   978-92-9460-326-5    10.2826/696319    EA-04-20-682-EN-N

Paper   978-92-9460-327-2    10.2826/641641    EA-04-20-682-EN-C

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IP Fashion

 

 

IP considerations in fashion, design and lifestyle industry

The fashion, design and lifestyle sector is a significant driver in South-East Asia’s (SEA) creative economy. The global fashion industry has traditionally been one of the most lucrative industries, with sales generated in the trillions globally. This is especially so in SEA, where it has been seen that consumers gravitate towards fashion and do not shy away from paying top dollar for luxury fashion products. Singapore, for instance, holds a 2% share of the world apparel market and their fashion industry generates sales of USD3.6 billion1(approx. EUR3.1 billion). In Indonesia, it contributed about USD49.3 trillion (approx. EUR42.8 trillion) to the GDP, with the fashion industry alone accounting for 28% of total earnings in the creative economy2. Among the SEA countries, the design and lifestyle industry has been pegged as emerging industries especially in Singapore where, an ad hoc organization, the Design Singapore Council, was established in 2003 to help develop the nation’s design sector, following the Economic Review Committee’s report which identified the creative industry as one of the three new sectors (including education and healthcare) for economic growth of the country. The Design Business Chamber in Singapore, a multidisciplinary design chamber also administers design certifications such as the Singapore Good Design Certification and awards such as the Singapore Design Awards and Singapore Good Design to recognize and enhance a good design’s value proposition.

PDF   978-92-9460-308-1   10.2826/22949    EA-01-20-747-EN-N

Paper   978-92-9460-309-8    10.2826/75596    EA-01-20-747-EN-C

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ip manu

 

 

IP considerations for the manufacturing industry in South-East Asia

Manufacturing is one of the key drivers of growth in South-East Asia, with more and more South-East Asian countries winning manufacturers over from China due to lower labour costs, rising domestic consumption and improving infrastructure. Well-known brands such as Coca-Cola and Coach have so far established plants in Myanmar and Vietnam, leveraging on the cheap labour market and growing domestic demand in these countries. In Cambodia, the textiles and footwear manufacturing industry alone generates USD 6 billion (approx. EUR 5 billion) annually for the economy, with the export of garments representing nearly two-thirds of the country’s total export. In Indonesia, manufacturing also serves as one of the greatest contributors to annual economic growth with statistics from the Indonesian Central Statistics Agency showing that the sector contributed 0.92 percent to the total economic growth of 5.02 percent in 2016. Even in more technically advanced countries like Singapore, it is observed that the manufacturing sector continues to occupy the greatest share of the GDP pie for the past few decades. Statistics from the Singapore Department of Statistics show that in 2016, manufacturing contributed to 19.6% of Singapore’s annual GDP.

PDF   978-92-9460-299-2    10.2826/86638    EA-03-20-824-EN-N

Paper   978-92-9460-298-5    10.2826/27733    EA-03-20-824-EN-C

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ip guide

 

 

IP considerations for the food and beverage industry

South-East Asia is home to more than 600 million people. It is the third largest market in the world, with ten countries integrated in a common market under the ASEAN Economic Community (AEC). South-East Asia also has high economic growth between 3-10 percent per annum. The growth of these emerging economies is driven primarily by consumption, due to the large population and a growing middle-class. With higher disposable incomes, today’s consumers in South-East Asia are seeking healthier food and beverage choices. They tend to look for higher quality products, including those imported from overseas. This has opened up a range of attractive opportunities for European SMEs to tap into the consumption market of such a large region. While this is a golden opportunity for European players in the Food and Beverage (F&B) industry, diversity and regulatory affairs are key challenges in various local markets. South-East Asia has a wide mix of cultures, religions, customs, culinary preferences, and demographics that greatly impacts the F&B sector. For example, Indonesia and Malaysia have large Muslim populations, which could provide many business opportunities for halal-certified F&B products manufactured in Europe. Conversely, there are limited opportunities for imported wines and spirits in Indonesia and Malaysia due to the religious limitations on alcohol consumption. Generally, for European SMEs seeking to grow and expand their global reach, the South-East Asian market provides the perfect opportunity.

PDF   978-92-9460-329-6   10.2826/389488   EA-04-20-683-EN-N

Paper   978-92-9460-328-9   10.2826/38208    EA-04-20-683-EN-C

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ip creative

 

 

IP considerations for the creative industries in South-East Asia

The development of creative industries in various South-East Asian countries is incredibly varied. This is evident from the 2014 WIPO Studies on the Economic Contribution of the Copyright Industries, which compared the significance of copyright industries among several countries worldwide. The comparison study is highly relevant as copyright-intensive industries, being industries dependent on the protection of copyright and related rights are the main and substantive constituents of the creative industries. This study revealed that the contribution of copyright-intensive industries to Gross Domestic Product (”GDP”) was the lowest in Brunei among the South-East Asian countries, at 1.58%3 , while in Singapore the copyright intensive industries had an above average4 contribution of 6.19%5 . As for the contribution of copyright-intensive industries to national employment, the Philippines ranked the highest worldwide (not just in South-East Asia) with a percentage contribution of 11.10%6 , while in Thailand the contribution was as low as 2.85%7. It is therefore arguably clear that the development level of the creative industries, or at least the copyright-intensive industries, is presently not homogenous across South-East Asia.

PDF   978-92-9460-294-7    10.2826/083346    EA-06-20-092-EN-N

Paper   978-92-9460-295-4    10.2826/119615   EA-06-20-092-EN-C

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guide IP

 

 

IP considerations for the automotive industry in South-East Asia

The automotive industry in South-East Asia has exhibited robust growth over the last few years. According to the latest statistics from the ASEAN Automotive Federation, combined motor vehicle sales in 7 major ASEAN countries (Indonesia, Malaysia, the Philippines, Singapore, Thailand, Vietnam and Brunei) reached 3.16 million in 2016 , almost double the sales figure in 2006 which was 1.78 million units . The motorcycle sector also thrives in ASEAN, with almost 10 million motorcycles and scooters sold in 2016. More importantly, not only is ASEAN a vast automotive market, it is also a global automotive production hub, manufacturing on average 4 million motor vehicles and 9 million motorcycles a year for the past 5 years . With a combined population of almost 630 million, an aggregate GDP of over US

PDF   978-92-9460-303-6   10.2826/349641   EA-03-20-825-EN-N

Paper   978-92-9460-302-9    10.2826/962553    EA-03-20-825-EN-C

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guide ip

 

 

IP audit check-list

An increasing number of small and medium-sized enterprises (SMEs) are realising the importance of intellectual property (IP) as a key economic asset in their overall business activity. Strong IP and a robust IP strategy can enable a company, of any size, to survive economic downturns as well as to grow sustainably during the boom period. All companies own intangible assets. However, sometimes they may not recognise their own IP and especially the potential value of it for various reasons. For instance, they might not be trained to do so. This simple ‘self audit kit’ aims to make European SMEs aware of the IP they already hold and how it can be economically advantageous for them. Intangible assets can and should be protected since they contribute to increased productivity, build an image of a company, give it a competitive edge and influence the valuation of an enterprise.

PDF   978-92-9460-334-0   10.2826/514691   EA-04-20-686-EN-N

Paper   978-92-9460-335-7   10.2826/585262    EA-04-20-686-EN-C

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guide aec

 

 

Intellectual property and the ASEAN Economic Community (AEC)

The goal of the ASEAN Economic Community (AEC) is regional economic integration in South-East Asia. The AEC envisages the following key characteristics: (a) a single market and production base, (b) a highly dynamic and competitive economic region, (c) a region of fair economic development, and (d) a region fully integrated into the global economy. The AEC’s areas of cooperation include human resources development and capacity building; recognition of professional qualifications; closer consultation on macroeconomic and financial policies; trade financing measures; enhanced infrastructure and communications connectivity; development of electronic transactions through e-South-East Asia (agreement between the South-East Asia Member States regarding the application of information and communication technologies); integrating industries across the region to promote regional sourcing; and enhancing private sector involvement for the building of the AEC. In short, the AEC will transform South-East Asia into a region with free movement of goods, services, investment, skilled labour, and freer flow of capital.

PDF   978-92-9460-307-4  10.2826/373240   EA-06-20-094-EN-N

Paper   978-92-9460-306-7    10.2826/462073   EA-06-20-094-EN-C

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How to secure effective evidence of IP infringement in South-East Asia

PDF   978-92-9460-354-8   10.2826/03872   EA-06-20-101-EN-N

Paper   978-92-9460-355-5   10.2826/498548   EA-06-20-101-EN-C

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guide cover

 

How to internationally protect your trade mark through the Madrid system?

The ‘Madrid system for the international registration of trade marks’ is a cost-effective solution for registering trade marks worldwide. The system is administered by the International Bureau of the WIPO and allows trade mark owners to protect their marks in several countries by filing one application and obtaining an international registration that takes effect in each of the designated contracting parties. The Madrid system also allows Subsequent Designations to be made, and new territories to be added to an international registration that has already been granted. The system cannot be used to protect a trade mark in countries/regions that are not the members of the Madrid Union.

PDF   978-92-9460-006-6    10.2826/628862    EA-02-20-448-EN-N

Paper   978-92-9460-007-3    10.2826/440192    EA-02-20-448-EN-C

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How to guide for ASPEC patent filings

Patents are a common type of intellectual property that are relevant to various industries, not only for technology intense industry, patents are also present in the medical device and healthcare industries, green industries, machineries, food processing, textile and smart cities to provide few examples. A patent is an exclusive legal right granted to the applicant for a new invention which may be a product or process offering new technical solutions or providing new ways of doing something. It gives the patent owner the right to prevent others from using the patented invention for a limited length of time and it is a main legal tool for preventing innovations from being copied. In general, for an invention to be patentable, it must satisfy three key criteria: a. It must be novel; b. The advancement or development from the ‘prior art’ (existing technology) must not be obvious to the average person in the relevant industry (commonly referred to as the invention being non-obvious); and c. It must be industrially applicable. Patent rights are territorial in nature. In other words, a patent granted by the European Union Intellectual Property Office (EUIPO) cannot be enforced in South-East Asia as it is not a valid registration for the countries in South-East Asia. If patent protection is required across the entire South-East Asia region, separate patent applications must be filed in each and every South-East Asian country. Alternatively EU SMEs can use the ASPEC programme instead of independent domestic patent registrations. Actual filing requirements and the patent application process varies from country to country in the South-East Asian region. For example, translation of the patent specification to local language is required for Cambodia, Indonesia, Laos, Thailand and Vietnam. In addition, local examination of the patent application is not mandatory in some countries as the patent can be granted on the basis of patent grant from countries with more established patent offices such as those in the United States, Japan, South Korea and from the EUIPO. Furthermore, costs related to the acquisition of patent rights are typically much higher than costs involved to obtain other forms of intellectual property rights such as trade marks and industrial designs, hence a good understanding of ways to reduce cost and/or time to obtain a patent will come in handy for EU SMEs as they expand into South-East Asia. Available options for EU SMEs for patent registration in South-East Asia include, Patent Cooperation Treaty (PCT), Patent Prosecution Highway (PPH) and the ASEAN Patent Examination Co-operation (ASPEC). This ‘How to guide’ focuses on the ASPEC programme as step by step guide to learn the features and objectives of the programme specifically designed for the countries of the Association of South-East Asian Nations (ASEAN).

PDF 978-92-9460-695-2  10.2826/937131  EA-05-21-159-EN-N

Paper 978-92-9460-696-9   10.2826/191543   EA-05-21-159-EN-C

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Trade secrets protection in South-East Asia

Trade secrets are a highly valuable and useful form of intellectual property right (IP). According to the World Intellectual Property Organization (WIPO), any confidential business information (for example sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, manufacturing processes, etc.) which can be of considerable commercial value to businesses and which provides an enterprise with a competitive edge, may be considered a trade secret. Trade secrets encompass manufacturing and industrial secrets as well as commercial secrets, and may include technical know-how, new products or business models, business operation manuals, recipes and formulae, customer and supplier information, or special techniques uniquely and confidentially employed by a business in the development of a product or service, all of which are closely guarded by the companies in question. Typically three general standards exist (which are referred to in Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)), and a trade secret is usually defined as information that: (a) is not generally known to the public (kept as confidential); (b) confers some sort of economic benefit on its holder (where this benefit must derive specifically from the information not being generally known, not just from the value of the information itself – in other words: it must have commercial value because it is a secret); and (c) is the subject of reasonable efforts by the rightful holder of the information to maintain its secrecy (e.g., through confidentiality agreements).

PDF 978-92-9460-664-8  10.2826/978474  EA-05-21-143-EN-N

Paper 978-92-9460-665-5  10.2826/398216   EA-05-21-143-EN-C

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cover_6

 

 

 

 

 

 

Guide to patent protection in South-East Asia

A patent is an exclusive right granted for the protection of new inventions, which are products or processes offering new technical solutions or providing new ways of doing something. The product or process in question must be applicable in industry. In order to qualify for patent protection, inventors or owners must file a patent application, as registration is a requirement, in order to obtain protection for a patent. Patent protection lasts for a limited period of time, usually 20 years. In return for this legal monopoly of limited duration, the owner of a patent must disclose the invention to the public. A patent is a territorial right and has its effects only within the national boundaries of the country for which it is granted.

PDF 978-92-9460-669-3  10.2826/879395   EA-09-21-180-EN-N

Paper 978-92-9460-668-6  10.2826/355439  EA-09-21-180-EN-C

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Industrial designs protection in South-East Asia

As an European SME doing business in South-East Asia, protecting your intellectual property rights (IPR) in these markets is essential to business success. An industrial design right, also known as a design patent in certain jurisdictions, is an exclusive right, which protects designs which confer a competitive edge to the owner over his competitors due to their aesthetic appeal. Industrial designs can take the form of either two- or three-dimensional shapes, configuration or patterns. Prominent examples include the iPod, shape of the Coca Cola bottle, computer icons, and even the design of mobile applications. In order to obtain industrial design protection, the designer or owner must file an application to register the design. Similar to patents, protection for industrial rights lasts for a limited period of time and the duration can vary from country to country. Generally, protection lasts for at least 10 years. Like all IP rights, industrial design rights are territorial in nature and protection is limited to the jurisdiction in which it is registered. Industrial rights protection can be a valuable asset to businesses. The success of a product or service is usually influenced by its visual appearance, where aesthetic appeal is one of the critical factors influencing consumer decisions. It is important for owners of industrial designs to draw up a protection strategy which coheres with the business strategy for the product or service in question.

PDF 978-92-9460-663-1  10.2826/564299  EA-03-21-239-EN-N

Paper 978-92-9460-662-4   10.2826/208893   EA-03-21-239-EN-C

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Guide to copyright protection in South-East Asia

 

 

 

 

Guide to copyright protection in South-East Asia

Copyright is an intellectual property right (IPR), which entitles the owners of literary and artistic works to a set of exclusive rights over their works. These rights include copying, translating, adapting and altering, communicating and performing to the public, distributing, renting and lending copies of the copyrighted works. Copyrights protect intellectual creations expressed in an original form and which are as a result of a creative effort on the part of the author. Three (3) conditions must be fulfilled in order for a work to be protectable by copyright: a. Expression in a particular form: It is vital that the work be recorded on an appropriate medium in order to secure its protection and that it is not merely articulated verbally. Copyright protects original creative expressions that exist in a fixed medium such as on a piece of paper, an artists’ canvas, an optical disc, or magnetically recorded media; b. Originality: The works must be original and are considered so only if they are the result of independent creative effort; and c. Creative effort of the author: The work must be marked by the personality of its creator, e.g. works created by a computer, even though original, cannot be copyrighted. Copyright is relevant to almost every business across all sectors, not just those in the creative industry. Businesses in all industries should take appropriate steps to identify existing copyrights and consider registering the most important to them. Adequate copyright protection should form an integral part of a solid overall business strategy.

PDF 978-92-9460-666-2  10.2826/573201  EA-09-21-179-EN-N

Paper 978-92-9460-667-9  10.2826/1035  EA-09-21-179-EN-C

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Guide for partnering and matchmaking events in South-East Asia

 

 

 

Guide for research & development (R&D) activities in South-East Asia

In recent years, the R&D industry in South-East Asia has been flourishing, with countries in the region investing heavily to promote R&D activities. Certain countries such as Singapore and Malaysia have been the key players in the region, devoting larger percentages of their Gross Domestic Product (“GDP”) to R&D expenditure. According to the UNESCO ranking world-wide based on percent of GDP, Singapore landed in the 15th place for spending 2.20% of its GDP on R&D activities in 2014.1 On the other hand, Malaysia spent approximately 1.30% of its GDP on R&D activities in 2015, up from a mere 0.22% spent in 1996.2 This phenomenal increase reflects the growing commitment and willingness amongst South-East Asian countries to invest in R&D activities, which is indubitably essential for economic growth. This presents opportunities for EU SMES wishing to invest in the R&D sector of the South-East Asian market. Given the intellectual property rights (“IPRs”) that arise from the R&D activities, as well as the potential commercial value attached thereto, it is of utmost importance that care is taken to ensure that such IPRs are well protected, and that their commercial value is maximised. This guide therefore seeks to highlight some important IP issues to consider when EU SMEs embark on R&D activities in South-East Asia, and highlight strategies that may be adopted by the EU SMEs to protect their rights in this journey.

PDF 978-92-9460-351-7  10.2826/410295  EA-06-20-100-EN-N

Paper 978-92-9460-350-0  10.2826/651224  EA-06-20-100-EN-C

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Guide for partnering and matchmaking events in South-East Asia

 

 

 

Guide for partnering and matchmaking events in South-East Asia

Partnering with companies operating in the same sector and offering complementary, or even competing, products or services might be a winning strategy for Small and Medium Size Enterprises (SMEs) doing business in South-East Asia. Reliance on local culture and business customs of operating business channels often proves especially advantageous to smaller-sized foreign companies with limited or no experience in a new market. Finding the right partner can be a daunting task in any business relationship, but becomes even more so for SMEs looking to expand internationally. European SMEs join partnering events, matchmaking events, and business missions in South-East Asia in order to meet and identify potential strategic partners in the region. Frequently sought strategic partners include distributors, manufactures, licensees, potential investors, and co-investors in new, South-East Asia investment vehicles (e.g. joint venture). Business ‘matchmaking’ events (also known as ‘B2B meetings’ – Business to Business meetings), are events that are organized with the purpose of introducing and facilitating the meetings of potential business partners in a sequence of brief, pre-arranged periods. During these meetings, participants are able to introduce themselves, discuss their offerings and needs, and consider possible areas of cooperation. These brokerage events -- organized and supported by a wide range of private and public actors such as trade and business promotion organisations, foreign economic delegations, business associations, and Chambers of Commerce -- are increasingly popular in Asia. B2B events are seen as valuable business development opportunities that effectively complement larger annual, or semi-annual, trade fairs. To ensure the most productive outcomes, the organizers of these events rely on large regional (such as the European Union) and national networks to pre-screen businesses with complementary objectives and supervise the matching process.

PDF 978-92-9460-315-9  10.2826/809521  EA-01-20-750-EN-N

Paper 978-92-9460-314-2  10.2826/028339  EA-01-20-750-EN-C

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Finding the right lawyer

 

 

Finding the Right Lawyer

Hiring a lawyer is an important decision that should not be based solely upon advertisements or recommendations. An experienced and capable lawyer could not only strengthen your business’s IPR strategy but also effectively assist you in enforcing your IPR rights against infringers. To find a lawyer that can help you with your IPR in the ASEAN region, you should consider contacting the lawyer’s association in your country, the directory of lawyers maintained by your country’s embassy or chamber of commerce in the relevant South-East Asian country, or an online law firm directory.Be sure to gather information and establish the facts about the problem before discussing with a lawyer. This will allow the lawyer to put the problem in context with the local laws and regulations.

PDF 978-92-9460-305-0  10.2826/552209  EA-03-20-826-EN-N

Paper 978-92-9460-304-3 10.2826/276212 EA-03-20-826-EN-C

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Patent Cooperation Treaty (PCT)

 

Patent Cooperation Treaty (PCT)

The South-East Asia IPR SME Helpdesk provides free information and services in the form of jargon-free first-line confidential advice on intellectual property and related issues, plus training materials and online resources. The Helpdesk raises awareness about IPR matters in South-East Asia affecting European SMEs, and helps them make informed IPR decisions.

PDF  978-92-9460-382-1  10.2826/629660   EA-04-20-534-EN-N

Paper  978-92-9460-381-4   10.2826/196465   EA-04-20-534-EN-C

This guide is for enterprises interested in pursuing patent applications under the Patent Cooperation Treaty (PCT). It specifically targets small and medium sized enterprises (SMEs) wanting to patent their inventions in a simple and cost-effective way at an international level. The guide provides a detailed overview of the two phases of the PCT application procedure and outlines the costs and requirements of the national phase in Latin America, China and South-East Asia. The guide also discusses the role of the European Patent Office (EPO) under the PCT.

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Free South-East Asia IPR advice for European SMEs

Free South-East Asia IPR advice for European SMEs

The South-East Asia IPR SME Helpdesk provides free information and services in the form of jargon-free first-line confidential advice on intellectual property and related issues, plus training materials and online resources. The Helpdesk raises awareness about IPR matters in South-East Asia affecting European SMEs, and helps them make informed IPR decisions.

PDF 978-92-9202-421-5     10.2826/20344     EA-04-19-155-EN-N

Paper 978-92-9202-422-2     10.2826/909762     EA-04-19-155-EN-C

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Guide to Geographical Indications (GIs) in South-East Asia

Guide to Geographical Indications (GIs) in South-East Asia

Geographical Indications (GIs) names have a reputation that inspire trust and are recognised by traders and consumers, who are ready to pay a higher price for them. The link to the place of origin comes from the products’ histories, the impact of the geographical environment on production and processing conditions and/ or the specific know-how used in the different stages of production. In the European market, the GI protection provides many benefits, including high-quality production systems that in many cases use transparent and sustainable production practices and provide better economic gains, a better distribution of profits, and a competitive advantage in the market, a strengthened brand, and greater export opportunities. These benefits are being progressively appreciated in the South-East Asia (SEA) region, resulting in the establishment of legal frameworks to recognise and protect GIs in most countries of the Association of South-East Asian Nations (ASEAN), with an increasing number of local high quality product names identified and protected as GIs in countries such as Cambodia, Indonesia, Malaysia, Thailand and Vietnam. The strong economic growth, driven primarily by the consumption of a growing middle-class population, has also attracted the interest of today’s SEA consumers in higher quality products, including those imported from overseas. This opens up a wide range of attractive opportunities for GIs in SEA markets, as European products are generally considered to be of high quality.

PDF 978-92-9202-858-9     10.2826/51916     EA-01-20-199-EN-N

Paper 978-92-9202-859-6     10.2826/643589     EA-01-20-199-EN-C

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Guide to trade mark protection in South-East Asia

Guide to trade mark protection in South-East Asia

Given the increasing prominence and attractiveness of the South-East Asian market, trade mark owners should give these countries serious consideration, even if they do not have immediate plans to expand into the region. A rapid rise in disposable income has signalled a shift: local businesses in South-East Asia are now steadily increasing their product mix in order to meet the growing demands of a rising middle class. It is increasingly common for local businesses to look outside South-East Asia for ‘inspiration’, a trend that could easily lead to products branded and/or developed in other markets being imitated. Many trade mark owners are confronted with this harsh reality too late: only when their branding has been already copied by or registered to local parties. Generally speaking, a trade mark is a sign to distinguish goods and services of one undertaking from others in the market, one over which the owner has an exclusive right. Trade marks are words, names, phrases, symbols, designs, images, distinctive features or a combination of these elements that can be represented graphically. At the time of writing, trade marks consisting of the shape of goods or their packaging in three-dimensional form can be registered in all South-East Asian countries except Myanmar. With recent changes and amendments to intellectual property (IP) laws, other non-traditional marks, such as sound and scent, were adopted for registration in Singapore, Brunei and Malaysia (in the last one the law will take effect by the end of 2019), while Indonesia and Thailand now accept sound trade marks for registration.

PDF 978-92-9202-792-6      10.2826/413400     EA-02-20-035-EN-N

Paper 978-92-9202-793-3     10.2826/729039     EA-02-20-035-EN-C

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How to remove counterfeit goods from e-commerce sites in South-East Asia

How to remove counterfeit goods from e-commerce sites in South-East Asia

A growing middle class coupled with increasing internet access has led to fast-paced e-commerce growth in South-East Asia (SEA) in the past decades. The middle class population of ASEAN, according to expert estimates, may grow from 190 million in 2012 to 400 million in 20202. Additionally, there are approximately 200 million people in South-East Asia with access to the internet and this number is expected to grow three-fold by 2025. As a matter of fact, e-commerce sales in the region are expected to increase from USD5.5 billion (approx. EUR4.7 billion) in 2015 to USD88 billion (approx. EUR 7.5 billion) in 2025. Apart from being a forum for legitimate vendors and original products, the internet is also used by unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights (IPR). The explosive growth in access to the internet has resulted in a shift in the modus operandi of counterfeiters to move their illegal activities online. Online e-commerce websites might become easy and anonymous options for counterfeiters to reach out to potential customers as well as popular social media platforms. A recent study reported that 20 % of 750 000 posts on the popular social media platform Instagram alone, in relation to well-known fashion brands, involved the offer of counterfeit products for sales, with many of the vendors identified as being based in China, Malaysia and Indonesia among others3. Beyond the avenues of online e-commerce and social media platforms, there has been a growing trend of counterfeiters making use of personal communication channels to affect their sales (such as mobile application software and Facebook pages). These online sellers are technologysavvy and liberally use popular messenger applications such as Telegram, Whatsapp and WeChat to peddle their wares. Especially these messenger applications are often secured with end-to-end encryption which allows counterfeiters to operate in privacy and free from any official over-sight.

PDF 978-92-9202-772-8     10.2826/992817     EA-04-19-796-EN-N

Paper 978-92-9202-773-5     10.2826/452528     EA-04-19-796-EN-C

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IP considerations for the automotive industry in South-East Asia

IP considerations for the automotive industry in South-East Asia

PDF 978-92-9202-502-1     10.2826/427378     EA-03-19-401-EN-N

Paper 978-92-9202-501-4     10.2826/133521     EA-03-19-401-EN-C

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IP considerations for the cleantech industry in South-East Asia

IP considerations for the cleantech industry in South-East Asia

PDF 978-92-9202-504-5     10.2826/437803     EA-03-19-402-EN-N

Paper 978-92-9202-503-8     10.2826/184388     EA-03-19-402-EN-C

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IP considerations in ICT industry in South-East Asia

IP considerations in ICT industry in South-East Asia

PDF 978-92-9202-505-2      10.2826/65821     EA-03-19-403-EN-N

Paper 978-92-9202-506-9      10.2826/993982     EA-03-19-403-EN-C

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IP Considerations in the medical device & healthcare industry in South-East Asia

IP Considerations in the medical device & healthcare industry in South-East Asia

PDF 978-92-9202-507-6     10.2826/352590      EA-03-19-404-EN-N

Paper 978-92-9202-508-3     10.2826/482554     EA-03-19-404-EN-C

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IP protection in South-East Asia for the financial technologies industry

IP protection in South-East Asia for the financial technologies industry

‘Financial technologies’ (Fintech) describes the use of technology to provide financial services. This includes the use of new technologies to provide existing services such as the use of smartphone applications to provide access to banking and mobile payments, and also to new services, for example cryptocurrencies such as Bitcoin.

PDF 978-92-9202-973-9     10.2826/623314     EA-01-20-334-EN-N

Paper 978-92-9202-974-6     10.2826/370111     EA-01-20-334-EN-C

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Protecting your trade secrets in South-East Asia

Protecting your trade secrets in South-East Asia

PDF 978-92-9202-511-3     10.2826/421648     EA-03-19-406-EN-N

Paper 978-92-9202-512-0     10.2826/25440     EA-03-19-406-EN-C

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Transfer of technology to South-East Asia

Transfer of technology to South-East Asia

PDF 978-92-9202-509-0     10.2826/106448     EA-03-19-405-EN-N

Paper 978-92-9202-510-6     10.2826/489324     EA-03-19-405-EN-C

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