Workshop at the APAA Makati Conference 13 November 2011 IP Litigation and Enforcement in Asia Masashi Kurose KYOWA PATENT AND LAW OFFICE JAPAN Kyowa Patent and Law Office1

Required Conditions for IPR to be Enforced Existence of IP laws in which the provisions of enforcement are clearly stipulated. Establishment of workable Executive Authorities including courts. Existence of sufficient numbers of IP specialists. Kyowa Patent and Law Office2

IP Laws in Asian Countries Countries and regions in Asia are WTO members, so they are obligated to meet the conditions stipulated by WTO/TRIPS regarding the IP system. Therefore, there should not be any countries with special problems in this regard. Kyowa Patent and Law Office3

Important Things for Enforcing IPR Proper protection of rights Speedy settlement Reasonable costs Kyowa Patent and Law Office4

Proper Judgment on IPR Infringement In order to ensure proper protection of rights, proper judgment by executive officers and authorities as to the infringements of rights is necessary. In patent infringement cases, specialists who can completely understand the technology related to the patented invention, and interpret the patent claims correctly are needed. Kyowa Patent and Law Office5

Number of Domestic Patent Applications, Patent Examiners in 2010 JapanChinaKoreaTaiwan Hong Kong India Applications 290,081293,066131,80522, ,040 Examiners2, Kyowa Patent and Law Office6 Philippines IndonesiaSingaporeMalaysiaThailandVietnam Applications ,2751, Examiners

Shortage of Patent Specialists There are not enough patent specialists in countries that do not stringently conduct substantial patent examinations. It is difficult to conduct a speedy and proper trial in patent infringement cases. Enforcement based on patent rights is not effective in these countries. Kyowa Patent and Law Office7

Trademark Infringements In trademark infringement cases there is the problem of counterfeit goods. Speedy resolution and reasonable cost is desired. For cost performance, it is preferable that the trademark infringement cases be handled by an administrative authority or specialized police team other than a court. In many countries in Asia, this kind of administrative authority or specialized police team functions effectively. Kyowa Patent and Law Office8

Administrative Authority, Specialized Police Team Korea : Special Judicial Police Squad for Trademarks Taiwan : IPR Police Team (IPRP) Hong Kong : Customs and Excise Department Malaysia : Enforcement Division of MDTCA Thailand : Economic and Technological Crime Suppression Division Vietnam : Market Management Bureau Kyowa Patent and Law Office9

Border Measures by Customs IPR holders are requested to cooperate with customs officers to effectively seize infringing IPR articles. It is essential that customs officers be provided the necessary criteria and technical means to easily distinguish infringing products from genuine products. In order to effectively enforce IPR, it is not enough to overhaul IP laws but also it is useful to develop technical means for supporting the enforcement activities. Kyowa Patent and Law Office10

Trustgram Verification method of forgery prevention sticker (Trustgram) Confidential11 Counterfeit HologramTrustgram

Confidential12 Trustgram Counterfeit Hologram

Trustgram Confidential13 A B Which is Genuine ?

Trustgram Confidential14 A B

Maintain Enough IP Specialists For effective enforcement, it is necessary to obtain IPR speedily and properly. It takes a long time to obtain IPRs in some Asian countries because of the shortage of IP specialists. Cooperation of Asian countries in examinations and in training of IP specialists is important to effectively enforce IPR. Kyowa Patent and Law Office15

MASASHI KUROSE VICE PRESIDENT KYOWA PATENT AND LAW OFFICE TOKYO, JAPAN Thank You Kyowa Patent and Law Office16