Category Archives: South-East Asia IP Protection

IP Protection Strategies in the Philippines for the Logistics and Transportation Industry

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Logistics3In today’s blog post we will discuss the IP protection in the Logistics and Transportation industry –  one of the fast-growing industries in the Philippines that is also expected to offer promising business opportunities to European SMEs whose top-notch technology is especially sought after. The blog post offers some practical tips on IP protection to keep in mind before entering the promising market of the Philippines. 

The logistics and transportation industry in the Philippines is growing steadily due to strong economic growth in the country and gradual increase in domestic demand fueled by the rise of the country’s middle class and increase in remittances from workers abroad. According to various studies, the industry is expected to grow as much as 16.7% by 2020.[1] Opportunities for logistics providers also continue to expand thanks to the steady growth in the Philippine’s e-commerce sector.

However, transportation costs in the Philippines are still significantly higher than in many other ASEAN countries, notably in Malaysia and Thailand. This is due to the geographic challenges that the Philippines faces as a conglomerate of islands, but also due to unclear regulations imposed by different government agencies that sometimes induce informal payments.[2] The transportation and logistics industry also faces some infrastructural challenges as the country still suffers from congestion on the roads in urban areas and at seaports. For example, clearance time for shipments at ports is more than twice as long in the Philippines than in many of its neighboring countries.

On the other hand, this year the Philippine government has put forward an ambitious plan of modernizing and improving the country’s infrastructure such as building new roads, railways, airports and improving the situation of seaports.  The government has also committed itself to improving the regulations and to fight corruption in transportation sector.[3] This means that the transportation and logistics industry would offer lucrative business opportunities for European SMEs in the near future.

European logistics and transportation SMEs wishing to enter the Philippines’ market need to keep in mind that despite the improvements in the Philippines’ IP laws and regulations, counterfeiting and other IP infringements are still commonplace in the country and thus a robust IP strategy is needed to grow their business in the Philippines. Continue reading “IP Protection Strategies in the Philippines for the Logistics and Transportation Industry” »

Handling of your Trade Secrets in South-East Asia

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MP900285073[1]Many European SMEs are thinking about bringing their technology to South-East Asia, but are concerned about IP issues. In today’s blog post, we discuss another IP protection measure – namely trade secrets. Trade secrets are a valuable but often overlooked means of IP protection that SMEs wishing to bring their technology to South-East Asia should be aware of, as good trade secret protection can be the key to successfully bringing your technology to South-East Asia. 

What are Trade Secrets?

Trade secrets are a highly valuable form of intellectual property that nearly all businesses in all industries and sectors possess. However, they are frequently overlooked by businesses, partly because there is confusion about what actually constitutes a trade secret. So what is a trade secret?

According to the World Intellectual Property Organization (WIPO), any confidential business information that is of considerable commercial value to businesses and that provides an enterprise with a competitive edge may be considered a trade secret. In practice, this could be:

  • sales methods
  • distribution methods
  • consumer profiles
  • advertising plans
  • pricing strategies
  • lists of suppliers and clients
  • manufacturing processes

In other words, more often than not trade secrets are the ‘know-how’ that a business builds up over time. Typically, the longer the SME is in business the more valuable its trade secrets will become, and the more its business grows the more its competitors will seek to discover this valuable working knowledge. Therefore, it is increasingly important to take steps to protect trade secrets.

Unlike some other forms of IP rights, such as patents and copyrights that have a finite term, trade secrets can theoretically enjoy an infinite term of protection, so long as the trade secret remains just that – a secret. Furthermore, to be enforceable by law it is generally required that as well as not being known to the public and providing economic benefits to the holder, the secret should be subjected to reasonable efforts to protect it (and there should be evidence of these efforts). Continue reading “Handling of your Trade Secrets in South-East Asia” »

Patent 101: Things you need to know before patenting in Singapore

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shutterstock_166598477Thinking about filing a patent in Singapore? Then this blog post for you, as today we give you a comprehensive overview of Singapore’s patent regime. Today’s blog post has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. She was assisted by AsiaLawNetwork.com content strategist Ling Yuan Rong. Ms. Chan Wai Yeng explains the process of filing a patent in Singapore and discusses the considerations that everyone should to take into account before filing a patent application.

This article has been first published by Asia Law Network and you can find the link to the original article below at the end of the article.  

Eureka!

You have just created a great new product, UX, or developed an improved manufacturing process with significant reduction in production time. You know your invention has tremendous commercial value, and you are keen to share your idea with a potential business partner. But hold on for a minute. Before you disclose your invention to anyone, you may want to take steps to secure the ownership and protection of your brainchild by patenting your invention.

What is a Patent?

A patent is a right granted to the owner of an invention to enable him to exclude others from using, copying or making the invention without his consent in the country in which he has obtained patent protection.

The rationale behind patents is to encourage innovation by preventing competitors from copying an innovator’s novel idea. Incentives like this are essential because research and development can be very expensive and if an innovator is unable to at least recoup the cost of developing his innovation (and profit from it to some degree), the innovator is unlikely to embark in the effort. Patents also promotes diffusion of ideas and information which may have positive effects in the long run. Continue reading “Patent 101: Things you need to know before patenting in Singapore” »

IP Protection in Thailand for the Tourism Industry

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shutterstock_85716494As the summer is fast approaching, many European companies engaged in tourism industry are looking for opportunities to expand their business into South-East Asian countries. Thailand, for example, offers many promising business opportunities for the European SMEs in tourism industry as tourism is one of the fastest growing industries in there. However, European SMEs should not let the summer’s heat take their focus away from IP protection when planning their move to Thailand, because IPR infringements are still commonplace in Thailand. Today’s blog post, thus, discusses IP Protection in Thailand, focusing particularly on the tourism industry.

Tourism industry in Thailand continues to offer many lucrative opportunities to European SMEs as Thailand remains one of the most popular tourist destinations in the Asia Pacific region due to its white sandy beaches, abundant tropical nature, inexpensive accommodation and well-developed transport and communication infrastructure. Underpinned by government’s and private sector stakeholders’ recent efforts to market Thailand around the globe, the industry has grown to become one of the country’s most productive and sustainable industries, contributing a total of EUR 69bn towards the economy in 2014, making up more than 19% of the GDP of Thailand.[1]

SMEs engaged in tourism need to pay special attention to protecting their intellectual property (IP) rights, because despite recent improvements in Thailand’s IP legal framework, IP infringements are still relatively common in the country. IP rights are a key factor for business success and neglecting to register them in Thailand could easily end SMEs’ business endeavor in the country. Thus, a robust IPR strategy is needed, when entering the lucrative market of Thailand.  Continue reading “IP Protection in Thailand for the Tourism Industry” »

Using Customs to Fight Counterfeiting in Singapore: A Case Study

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shutterstock_118547785The Customs can often work as the first line of defense, when companies are dealing with counterfeiters. However, not many SMEs are aware of the different cooperation opportunities with the customs. Thus, today’s blog post focuses on how the SMEs can use the customs in order to protect their IP in Singapore, one of the busiest ports in the  world. In order to give practical advice , the blog-post discusses a case-study on customs cooperation in Singapore. 

Singapore’s port is one of the world’s busiest ports and therefore a major transit point for imports and exports between Europe and Asia. EU exporters in a number of sectors have set up distribution centers in Singapore’s harbor from where they serve the wider region. As Singapore’s port is a major transport hub, it is also at high risk of shipments of counterfeits. To promote vigilance and bolster the safety and security of trade, the EU-Singapore Free Trade Agreement (ESFTA) contains provisions to strengthen cooperation in the field of Customs. In particular, the ESFTA will facilitate the granting of assistance based on reasonable suspicion of an operation being in breach of customs legislation and will promote greater exchange of information between authorities.

European SMEs can liaise with Customs to fight against counterfeiting of their products. The Singapore Customs is a governmental agency of the Ministry of Finance and their objective is the implementation of customs and trade enforcement measures including the checking and detainment of suspected infringing goods crossing the border. The Singapore Customs has the authority to detain imports, exports and re-exports of IPR- infringing goods. Continue reading “Using Customs to Fight Counterfeiting in Singapore: A Case Study” »