Progress and Growth in the ASEAN
The Association of South-East Asian Nations (ASEAN) is becoming an important economic hub. Thanks to various harmonization and coordination efforts, the region offers exciting opportunities for IP owners, James Nurton reports.
The Association of South-East Asian Nations (ASEAN) comprises 10 member states with a combined population of some 667 million people and an estimated total gross domestic product (GDP) of approximately US $3.35 trillion in 2021. Although there is a large variance in the size of member states’ respective economies, as an economic community the ASEAN is one of the largest and fastest growing economies globally.
Stretching from Myanmar in the north-west to Indonesia in the south-east, the ASEAN community also includes Brunei, Cambodia, Laos, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The region is also home to major brand owners and some 70 million micro, small, and medium-sized enterprises (MSMEs).
Economic development in the ASEAN region is being driven by favorable demographics and accelerated by technology, and in particular the expansion of communications and the Internet, with online retailers and marketplaces coming to the fore. According to Technology Magazine, tech startups in the region raised an estimated US $8.2 billion in 2021. This makes protection of patents, trademarks, and other intellectual property (IP) rights of key importance. Indeed, “Strengthening Intellectual Property Rights Cooperation” is one of the goals identified in the ASEAN Economic Community (AEC) Blueprint 2025.
“We’re now starting to focus on the priorities for the next IPR Action Plan post 2025. This will allow us to continue to align with the ASEAN priorities, such as promoting online IP enforcement for the digital economy.”
- Maslina Malik | ASEAN Secretariat (Indonesia)
Cooperation between ASEAN member states on IP matters dates back to 1995 and is spearheaded by the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC). The ASEAN IPR Action Plan 2016–2025 comprises four strategic goals: strengthening IP offices and IP infrastructure; developing regional platforms; ensuring an expanded and inclusive IP ecosystem; and establishing regional mechanisms to promote asset creation.
The AWGIPC is being coordinated by unsung heroes from the ASEAN Secretariat. Maslina Malik, Senior Officer—IP Rights Division, at the ASEAN Secretariat (Indonesia), handles IP rights. She told the INTA Daily News: “To date, we have implemented about 75 percent of the 2016–2025 IPR Action Plan. We’re now starting to focus on the priorities for the next IPR Action Plan post 2025. This will allow us to continue to align with the ASEAN priorities, such as promoting online IP enforcement for the digital economy.”
The specific priorities for the next two years include deeper harmonization and convergence across IP rights; supporting MSMEs with IP commercialization, valuation, and financing; and promoting collaboration among the ASEAN member states in the area of genetic resources, traditional knowledge, and traditional cultural expressions throughout the region.
Another goal is to ensure all ASEAN member states accede to The Hague System by 2025: Indonesia, Laos, Malaysia, Myanmar, the Philippines, and Thailand have yet to join. In this and other areas, the AEC is working closely with the World Intellectual Property Organization (WIPO). As Ms. Malik notes, “WIPO is one of our biggest partners in promoting IP within the ASEAN region, and we have received lots of support in the past year.” To further this cooperation, a memorandum of understanding with WIPO is expected to be signed at the ASEAN Economic Ministers Meeting in August this year.
Trademark and Design Filing Trends in the ASEAN Member States
With the number of IPR filings in the region continuing to grow (see the above chart), IP offices in the region are also looking at how they can harmonize and simplify application procedures and requirements—though unitary rights similar to the European Union Trade Mark (EUTM) and Registered Community Design (RCD) are not currently on the agenda. One successful initiative is the ASEAN Patent Examination Co-operation (ASPEC), a regional patent work-sharing program among nine member states, similar to the Patent Prosecution Highway. In 2022, it received a record 300 applications, with an allowance rate of over 97 percent at final decision.
“There are also ongoing efforts to enhance the existing IP tools for trademarks, designs, and patents,” Ms. Malik explained. “Ultimately the aim is to enhance all the online tools so that users can go to one website accessible through the ASEAN IPR Portal to check all their records in ASEAN member states.” This will facilitate searching, clearance, prosecution, and management of IP portfolios.
“The ASEAN member states are diverse in many respects, have young and dynamic populations, and present exciting opportunities for brand owners.”
- Walter Chia | INTA (Singapore)
In addition to tools such as these, a lot of training work is underway in the areas of IP protection and enforcement, capacity building, developing common guidelines, research, and awareness-raising. Much of this is undertaken with international partners, including the IP offices of Australia, China, the EU, Japan, New Zealand, South Korea, and the United States.
INTA is also active in working with the ASEAN, says Walter Chia, INTA Chief Representative Officer, Asia Pacific. “The ASEAN member states are diverse in many respects, have young and dynamic populations, and present exciting opportunities for brand owners. INTA stands by to continue facilitating closer IP cooperation within the region and with other regions globally, which is very welcome both for international investors and local MSMEs.”
