1. “IP CHALLENGES IN 21st CENTURY”
22nd ASEAN Intellectual Property Association Annual Meeting & Conference
“IP CHALLENGES IN 21st CENTURY”
06-07 April 2018, SOKHA Phnom Penh Hotel & Residence, Phnom Penh, Cambodia

2. “The ASEAN Challenge”
ASEAN Working Group on Intellectual Property Cooperation (AWGIPC)
Through AWGIPC, ASEAN has made concerted efforts since 1996 to improve the regional framework of policies and institutions relating to IP

3. ASEAN IPR Strategic Action Plan : Meeting the Challenges of “One Vision, One Identity, One Community” through Intellectual Property

6. Adopted by ASEAN in 31 December, 2015 as part of the AEC Blueprint 2025: Forging Ahead Together.
Charts the broad trajectories of ASEAN economic integration from following formal establishment of the AEC in December 2015.
Aims to strengthen and reinforce the five characteristics of the AEC by 2025:
Highly Integrated and Cohesive Economy
Competitive, Innovative and Dynamic ASEAN
Enhanced Connectivity and Sectoral Cooperation
Resilient, Inclusive and People-Oriented, People Centred ASEAN
Global ASEAN

7. The ASEAN Intellectual Property Rights Action Plan 2016-2025
Four Strategic Goals
Action Plan was designed based on the theme of strengthening cooperation on IPR.
Overall objective is to stimulate creativity and innovation.
Comprised of four strategic measures to be operationalized by key action lines.
Implementation is being carried out through country champions (intra-ASEAN collaboration) and partnership with Dialogue Partners, using project management principles.

8. KEY INITIATIVES Robust ASEAN IP System by strengthening IP Offices
Improved patent, trademark, and industrial design services
Promote improvement of IP services in term of timeliness and quality of output
Explore harmonizing formality requirements for trademarks and industrial designs across the region
Accession to International Treaties
Robust ASEAN IP System by strengthening IP Offices
Goal 1
Development of regional IP platforms and infrastructures
Develop new networks of integrated IP services for the region
Improve and centralize the management of the ASEAN IP Portal
Adopt modern Information Technologies to improve quality of regional services
Regional IP platforms and infrastructure are developed to enhance the ASEAN Economic Community
Goal 2

9. An expanded and inclusive ASEAN IP Ecosystem developed
CONTINUED..
Establish an ASEAN IP network (IP, judiciary, customs and other enforcement agencies)
Enhance intra and extra ASEAN engagement with stakeholders and external partners including dialogue partners
Establish a regional accreditation system
An expanded and inclusive ASEAN IP Ecosystem developed
Goal 3
Regional mechanisms to promote asset creation and commercialisation
Improve awareness and respect of IP to promote its protection and utilization
Develop an IP valuation services to create awareness of the value of IP as a financial asset
Goal 4

10. The ASEAN Intellectual Property Rights Action Plan
Improve IP Services
IP Diagnostics - AMS IP systems
Substantive examination manuals
ASEAN Common Guidelines on Patent Examination
AMS’ patent manuals are made available by 2020
Develop ASEAN Common Guidelines on Patent Examination
ASPEC is utilized by at least 5% of patent applicants by 2025
All AMSs to participate in WIPO Case by 2016 as Accessing Offices
Accession to the PCT
Develop new networks of integrated IP services for the region, including technology transfer offices and innovation technology support offices
Patents
Trade Marks
Copyrights
Industrial Designs
To establish an average turnaround time (6-10 months)
Best practices aimed at eliminating backlog
Simplified trademark workflow is implemented across ASEAN IP Offices.
Update and enhance the ASEAN Database of Trademark
Accession to the Madrid Protocol
Implement online system for copyright recordation/notification for AMSs
sharing of copyright information through the establishment of regional copyright database
To achieve an average turnaround time of 3 months
Update and enhance the ASEAN Database of Industrial Designs
Develop ASEAN Common Guidelines on Industrial Design Examination
Accession to the Hague Agreement

11. (1) Strengthen IP Offices and Build IP Infrastructure

12. (2) Develop Regional IP Platforms
Develop new networks of integrated IP services, including technology transfer offices and innovation technology support offices (technology and innovation support centres/patent libraries)
Improve service delivery through connected online services
Develop online filing systems
Improve the management of the ASEAN IP Portal
E-Filing Systems
Patent Libraries
Technology Marketplaces
Revamped ASEAN IP Portal

13. (3) Expand the ASEAN IP Ecosystem
Workshops, Symposia and Information Awareness Activities on Enforcement
Compilation of Publicly Available Statistics on Enforcement
Documentation of Reduced Movement of Pirated and Counterfeit Goods
Online National and Regional IPR Helpdesks
Implement a Regional Action Plan on IPR Enforcement
Establish an ASEAN IP Network of Experts
Enhance intra and extra ASEAN Engagement
Establish a regional accreditation system for IP practitioners

14. (4) Enhance Regional Mechanisms to Promote Asset Creation
Develop IP valuation services to create awareness on the value of IP as a financial asset
Promote commercialization of Geographical Indications (GIs)
Promote protection mechanisms for Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (GRTKTCE)
Develop supporting schemes for MSMEs and the creative sectors
Collaborative Programs Between IPOs and S&T Institutions and Universities
Valuation of IP
Commercialization of ASEAN Geographical Indications
Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (GRTKTCE)

15. ASEAN IP CHALLENGES
Pace of regional harmonization ( interoperability of IP system )
- Integration has not been as fast as originally envisioned
- Is dictated by the capacity of member state to implement the common standard and procedure considering that the IP Offices are at various stages of legal and institutional development.
Budget constraint among regional IP Offices
- IP Offices with limited resources will not have the necessary capacity to deliver the services expected of them.
- Automation system may expedite IPR process flows (funding an ICT resources may not be available)

16. CONTINUED..
Delivery of Timely and Quality Services of IPR Registrations
- Stakeholders expect IP Offices to be more efficient, faster turnaround times and better quality of decisions
- IP Offices with limited resources may have backlog of IPR registrations
IP Awareness
- Lack or limited awareness on the importance of IP
♦Among nationals
♦Local innovators, universities and research institutions (re: access to IP commercialization schemes)
♦Among consumers and the general public
♦MSMEs and potential IPR owners

17. CONTINUED.. Enforcement
- From the perspective of IP owners, enforcement remain a difficult issue that has not been fully addressed
- Government agencies with enforcement functions (i.e police, customs, local authorities, ministries have other overlapping mandates)
- IP enforcement is not a priority especially in members state where there is a lack of resources
Accession to WIPO International Conventions/Treaties
- Patent Cooperation Treaty (PCT)
- Patent Law Treaty
- Budapest Treaty
- Madrid Protocols
- Singapore Trade Mark Law Treaty
- Hague Agreement
- Many others

18. Sources: MyIPO and AWGIPC
Thank you
ABDUL AZIZ ISMAIL
Sources: MyIPO and AWGIPC