Copyright Protection in South-East Asia

copyright, page 2As the summer vacation is almost over it’s time to refresh our memories about the basic IPR protection. Today’s blog post discusses copyright protection in South-East Asia, pointing out some of the main differences in all 10 ASEAN nations.  

Copyright entitles the owners of literary and artistic works to a set of exclusive rights over their works. These rights include copying, translating, adapting and altering, communicating and performing to the public, distributing, renting and lending copies of the copyrighted works.

However, copyright is relevant to almost every business across all sectors, not just those in the creative industry. Businesses in all industries should take appropriate steps to identify existing copyrights and consider registering the most important to them. Adequate copyright protection should form an integral part of a solid overall business strategy.

What can be protected by copyright?

Copyright protects the tangible expression of an idea, but not the idea itself. SMEs can protect books, journals, instruction manuals, musical works, drawings and illustrations, computer programs, software and websites, architectural drawings and databases, etc. by copyright.  Continue reading “Copyright Protection in South-East Asia” »

IP Considerations for App Developers in South-East Asia

8585049088_9d1dbcdf1f_kAs the market for smartphones is rapidly growing in South-East Asia and many European companies wish to enter the lucrative market of apps, it is time to take a look at how the European SMEs can best protect their valuable intellectual property when entering the South-East Asian markets. 

In a world of increasingly affordable smartphone technology and rapidly expanding connectivity, the digital marketplace makes room for new players on the scene: the app developers. Third party’s apps have become a core part of the smartphone package, providing users with almost limitless potential for productivity, utility, education and leisure, and apps serving as a huge part of smartphone marketing strategy and user attraction.

With the number of smartphones overtaking non-smartphones back in 2013 and total worldwide app related revenues set to top $45 billion this year, app development is an increasingly attractive industry for software producers. Continue reading “IP Considerations for App Developers in South-East Asia” »

New Developments in Vietnamese IP Regulations on Internet Domain Names

shutterstock_167099189In today’s blog post we take a  look at the recent developments in Vietnamese IP regulations concerning Internet Domain names and analyse the implications of these regulations to the European SMEs. 

On the 8 June 2016 the Ministry of Information and Communication and the Ministry of Science and Technology issued a Joint Circular on the amendment and recovery of domain names which breach the law on intellectual property.  The Joint Circular introduces a set of administrative proceedings that are available under the Vietnamese Law on Intellectual Property, for companies experiencing internet domain name infringement disputes. Such measures include clear deadlines for infringers to ensure they stop their activities and return the domain names to their rightful owners, as well as steps that the authorities can take if the infringers refuse to obey these regulations. Continue reading “New Developments in Vietnamese IP Regulations on Internet Domain Names” »

Protecting your IP whilst Transferring Technology to South-East Asia

xiandaishangwu2_221In today’s blog post, the Helpdesk team will provide you some valuable tips on how to safely transfer your technology to South-East Asian countries.

In recent years, European SMEs have started to look to the Association of South-East Asian Nations (ASEAN) to be a key player in the investment and development of several different types of technologies across a multitude of industries. Relatively low labor costs, high skill levels and diversity in the level of development across the region, enabling South-East Asia to attract a range of technologies, are making the region so attractive for the European SMEs.

Whilst accessing the lucrative South-East Asian markets, the European SMEs are often willing to ‘transfer’ some of their technologies and designs to local subsidiaries of European firms, joint-venture partners, or local manufacturing and service companies. One of the challenges facing European companies coming to South-East Asia is devising creative solutions to minimize the risk to their intellectual property associated with technology transfers. A technology transfer can happen in a number of different ways. European companies most commonly transfer their technology by licensing their patents, designs, software, trade secrets, and know-how.  A common misconception is that a technology transfer is limited to transfers of high technology. However, many European companies using contract manufacturing to manufacture low technology, consumer, or industrial products, such as those based on product designs, must deal with the same risks to their IP as their high technology counterparts. Continue reading “Protecting your IP whilst Transferring Technology to South-East Asia” »

Taking Action Against Trademark Infringement in Indonesia

shutterstock_81193486-520x345Today’s blog post has been kindly drafted for us by our IPR SME Helpdesk expert Mr. Somboon  Earterasarun from Tilleke & Gibbins. Mr Earterasarun gives an excellent overview on how to fight against trade mark infringements in Indonesia. 

Indonesia uses a “first-to-file” system, under which trademark owners must register their trademarks before they are able to take action against infringers for trademark infringement. The earlier your trademarks are registered and the wider their scope of protection, the better chance you have to exercise your rights and protect your intellectual property (IP).

As a trademark owner facing infringement of your IP rights in Indonesia, there are a number of important considerations to be aware of, and you have various means of recourse available to you. Continue reading “Taking Action Against Trademark Infringement in Indonesia” »