co-operation in ipr: perspectives from...

Copyright © IPOS 2014. All rights reserved. 1

Co-operation in IPR: Perspectives from ASEAN

Dr Bernard Ong Director, International Engagement Department Intellectual Property Office of Singapore Presentation to ASEAN-EU STI Days On behalf of Chair of ASEAN Working Group on IP Cooperation (AWGIPC) 18 March 2015

Outline

Copyright © IPOS 2014. All intellectual property reserved. 2

• A Snapshot of

ASEAN

• ASEAN-EU Economic

Relations

• The IP Eco-system

• Challenges and

Opportunities

Sources: IMF; World Bank; ASEAN IBR Business Report; JETRO

A Snapshot of ASEAN


Breakdown of 2013 World GDP1:

ASEAN = US$2.4 trillion

• Land area: 4.48 million sq km

• Population: 617 million

• Strong market: Projected to be the

fourth largest economy by 2050

• Expanding consumer class: From 81

million (2013) to 163 million

household (2030)

• Strong FDI flow (2013)

• Inflow exceeding US$122 billion

• EU was the top investor

accounting for 22% of ASEAN’s

total FDI at US$26 billion

Sources: Mckinsey; IMF; World Bank; ASEAN IBR Business Report

1. United States, $16.8T

2. China, $9.3T

3. Japan, $4.9T

4. Germany, $3.6T

5. France, $2.7T

6. United Kingdom,

$2.5T

7. ASEAN, $2.4T

8. Brazil, $2.2T 9. Russia,

$2.1T

10. Italy, $2.1T

ASEAN-EU Economic Relations [I]

Copyright © IPOS 2014. All intellectual property reserved.

Sources: ASEAN Community in Figures 2014; ASEAN Trade Statistics Database, 24 July 2014

4

5-fold growth in ASEAN’s external trade

EU maintains its position as a

top three major trade partner with

ASEAN

€178,625

100,000

110,000

120,000

130,000

140,000

150,000

160,000

170,000

180,000

190,000

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

European Union Total Trade with ASEAN (Million €)2

Approx. 80% growth in total

trade with ASEAN since

2003

Eurostat IMF

Top 10 Trading Partner with ASEAN in 2013


5

Information and

communication 1%

Real estate activities

2%

Agriculture, forestry and

fishing 2%

Mining and quarrying

6%

Wholesale and retail trade;

repair of motor vehicles and motorcycles

9% Manufacturing 28%

Financial and insurance activities

40%

Other services activities

12%

EU’s FDI in ASEAN in 2013 by industry

ASEAN-EU Economic Relations [II]

Foreign Direct Investment between EU and Singapore

6

5-fold growth in ASEAN’s external trade

The EU is the largest source

of FDI in Singapore


EU-Singapore Trade & Investment 2014

Increased Trade Flow between EU and Singapore


1. Eurocham; 2. MTI 2013; 3. EU-Singapore Trade & Investment 2014

7

• Trade between the EU and Singapore jumped by 77% in the past decade, surpassing €46 billion in bilateral trade in goods (2013)1

• Singapore was the EU’s 15th largest trading partner and accounted for over one-fourth of the EU’s merchandise trade with ASEAN1

• The EU-Singapore FTA initialled in 2013 – first FTA negotiated with

ASEAN member states1

Economic Survey of Singapore 20132

Singapore’s Top 10 Trading Partners in 2013

Singapore is the EU’s largest trading partner

in services in ASEAN3


• EU is the top IP5 in patent and

trademarks application

• EU is also a strong user of PCT and

Madrid system Sources : WIPO

IP supports trade flows and FDI

Approx. 80% growth in total

trade with ASEAN since

2003

EU is top filers in patents and

trademarks

ASEAN Landscape in Focus

Copyright © IPOS 2014. All intellectual property reserved. Sources: Asian Development Bank Institute

9

ASEAN FTAs (as of July 2013)

ASEAN Economic Community (AEC) 2015

• Gateway to collective market of

600 million consumers

• Market capital of $280 billion to

$615 billion by 2030

• At least 14 million jobs creation in

the ASEAN region by 2025

• Intra-ASEAN trade has grown

from US$ 82 billion in 1993 to

US$609 billion in 2013

• Today, virtually all goods in ASEAN

move throughout the region

tariff-free.


Single Market and Production

Base

Free flow of goods

Free flow of services

Freer flow of investment

Freer flow of capital

Free flow of skilled labour

Priority integration

sectors

Food, Agriculture

and Forestry

Competitive Economic Region

Competition policy

Consumer protection

Intellectual property

rights

Infrastructure development

Taxation

E-commerce

Equitable economic

development

SME development

Initiative for ASEAN

integration

Integration into the global economy

Coherent approach towards external

economic relations

Enhanced participation in global supply chain networks

Statistics based on available data from WIPO statistics

ASEAN IP in Focus


2010 2011 2012

Patents 30724 32799 30223

Trademarks 188390 202355 227320

Designs 13889 14939 15419

IP filings in ASEAN

Statistics based on available data from WIPO statistics and does not reflect all ASEAN countries.

Patents Trademarks Designs

IP filing growth in 2012

Global ASEAN

Extracted from Source: Comparative Assessment Study of Patent and Trademark Offices in Southeast Asia, October 2011

Country IP Offices Practitioners Cambodia 3 years Over 3 years

Indonesia 5.61 years via normal process;

4.92 years via PCT 7-8 years

Laos 4 years More than 5 years

Malaysia

1.6 years via fast-track basis without objections;

5.41 years via Paris Convention; 2.15 years via PCT

4-6years

Myanmar None None Philippines 4-5 years - Singapore 1-2 years 3-6 years Thailand 3 years 5-6 years Vietnam 2-3 years 2-3 years

Average Time Expected to Register a Trademark in ASEAN

Average Time Expected to Register a Patent in ASEAN

https://www.academia.edu/3883157/Comparative_Assessment_Study_of_Patent_and_Trademark_Offices_in_Southeast_Asia

https://www.academia.edu/3883157/Comparative_Assessment_Study_of_Patent_and_Trademark_Offices_in_Southeast_Asia

International filing through WIPO treaties


12

Brunei Cambodia Indonesia Laos PDR

Malaysia Myanmar1 Philippines Singapore Thailand Viet Nam

WIPO √ √ √ √ √ √ √ √ √ √

TRIPS √ √ √ X √ √ √ √ √ √

Paris Convention

√ √ √ √ √ X √ √ √ √

PCT √ X √ √ √ X √ √ √ √

Hague Act

√ X X X X X X √ X X

Madrid Protocol

2015 2015 2015 2015 2015 X √ √ 2015 √

SLT X X X X X X X √ X X

Berne Convention

√ X √ X √ X √ √ √ √

WCT X X √ X √ X √ √ X X

WPPT X X √ X √ X √ √ X X 1Myanmar is in the process of establishing its national IP office but is an active participant of AWGIPC.

Challenges of ASEAN IP


Diverse language

differences

Multiple IP offices

Differences in IP offices

infrastructure and

processing time

Lack of information

ASEAN Working Group on Intellectual Property Cooperation (AWGIPC)

• 28 initiatives , 108 Deliverables ,

80% completion

• Close collaboration with multiple

dialogue partners


Balanced IP System to deliver timely, quality, and accessible IP services.

National or regional legal and policy infrastructures.

Promotion for IP creation, awareness, and utilization.

Active regional participation and strengthened relationships with dialogue partners and stakeholders.

Increased level of collaboration among AMSs to enhance human and institutional capacity of IP Offices in the region.

AANZFTA

AIPA

ASEAN Patent Examination Cooperation (ASPEC)

• Patent Prosecution Highway (PPH)

like work-sharing arrangement in

ASEAN.

• Significant time saving compared to

the past (3 – 8 years). 85% of fillings

had first office action within 9

months.


Expedited

First office

filing

Quality S&E

services

No

additional

cost

One

common

form in

English

Securing your patents internationally

Copyright © IPOS 2014. All intellectual property

reserved. 16

Brunei Darussalam

Cambodia

Philippines

Malaysia Viet Nam

Indonesia

Thailand

Lao PDR

Singapore

Icons from http://flagspictures.org/

China Mexico Germany

(IPOS’ PPH Partners)

ASPEC in ASEAN

Interoperability of IP Regimes

Global PPH Offices

ASPEC

EPO

First ISA/IPEA in

ASEAN

WEF Jan 2015

Patent filing value chain through Singapore


17

Patent report shows 1 patentable claim

17

PCT patent application

GPPH

Patent report shows 1 patentable claim

ASPEC

ASEAN countries

USA Europe China SG

PCT national phase applications in markets of interest, e.g.,

PPH

Singapore first filing

ISA = IPOS

Pre-filing Search

60-day patent report

ASEAN TMview

• Simplified and centralized online trademark

database developed under OHIM ECAP III which is

free for all to use.

• ASEAN TMview contains more than 2 million

trademarks in ASEAN.

• Advance search options to be included in the near

future.


18

European Brands in ASEAN TMview:

ASEAN IP Portal

• Centralized online platform to aggregate information and statistics on

IP development and happenings in ASEAN.

• Houses the ASEAN TMview, ASEAN IP utilization case studies , ASEAN

case law and more services in the pipeline.



Moving forward

• “One vision, One identity, One community” through IP.


Interoperability of IP offices in

ASEAN

Regional IP platforms through centralized ASEAN

IP Portal

Quality and timely IP filing services

Regional mechanisms to

promote IP creation and

commercialization for businesses

Thank you!


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