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.

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

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

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

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

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

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

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

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

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

‘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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