Category Archives: South-East Asia IP Protection

The 2016 Amendment to Thailand’s Trademark Act – Its Changes, Significance, and Consequences

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trademarkThailand has issued new amendments to its Trademark Act, which will enter into force in the end of July, this year. In order to  allow you to familiarize yourselves with the upcoming changes, our IPR SME Helpdesk expert Mr. Franck Fougere from Ananda Intellectual Property has kindly drafted for us a blog post explaining the amendments to the Trademark Act and discussing their significance for the SMEs.

The widely forecasted amendment to Thailand’s Trademark Act of B.E. 2534 (1991 A.D) will become effective on July 28, 2016. Significant structural policy changes will include Thailand’s ratification of the Madrid Protocol and acceptance of sound marks for registration. Several other changes to be introduced via the Amendment will affect the mechanics of trademark registration and prosecution, and, thus, intellectual property (IP) strategy. Anticipated changes to the registration and prosecution process are discussed below. Continue reading “The 2016 Amendment to Thailand’s Trademark Act – Its Changes, Significance, and Consequences” »

IP Protection Strategies for the Manufacturing Industry in Indonesia

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Manufacture5The Republic of Indonesia is the largest economy in Southeast Asia and the 16th largest worldwide. It is also the most populous country in the region with an estimated total population of over 255 million representing a huge market opportunity for European trade.

Despite its size and status as an ASEAN economic heavyweight, Indonesia is currently only the EU’s fifth largest trading partner in the region. That said, growth in trade between Indonesia and the EU is steady, with EU imports to Indonesia rising 5.2% and Indonesian exports to Europe hitting 6.4% between 2014 and 2015[1], with total trade in 2015 reaching EUR 25.3 billion. Indonesia represents a fertile market for EU products and services, with rapid economic development, advances in technological capabilities and increasing disposable incomes leading to increased demand for quality machinery and products.

Whilst manufacturing represents a declining share of the economy in most developed countries, in Indonesia, manufacturing is one of the fastest growing industries. For example, private consumption and investment in the manufacturing sector have gone up by 10.5% in Indonesia, compared to 2015[2], prompting the industry to grow at a significant rate. Continue reading “IP Protection Strategies for the Manufacturing Industry in Indonesia” »

Things to Consider before Filing a Trademark Application under the Madrid Protocol in Thailand

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FotorCreated222Following an exciting webinar on the Madrid International Trade Mark System last week, our IPR SME Helpdesk  Expert Mr. Franck  Fougere  from Ananda  Intellectual Property has kindly drafted for us a blog post on the pros and cons of filing a trade mark application under the Madrid Protocol in Thailand.

The Madrid Protocol is a system that facilitates trademark applications in multiple countries. Thailand is expected to join the Madrid Protocol before the end of 2016. There are, however, issues that the prudent business owner should consider before filing a trademark application via the Madrid Protocol. These issues are of particular importance  for Thai businesses that plan to file applications in Thailand. Continue reading “Things to Consider before Filing a Trademark Application under the Madrid Protocol in Thailand” »

IPR Protection for South-East Asia Knowledge Market

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MP900386713Many European SMEs may be under the impression that they do not conduct R&D in South-East Asia, because they do not have a research facility there. The likelihood is however that in reality, a high proportion of them engage in activities which fall under at least one of the terms: research or development. An example of R&D activity might include an SME entering into a contract with a local company to use their engineers to develop a prototype into a commercial product. The future of R&D looks promising in South-East Asia, as the rapidly growing market becomes more accessible to franchisors around the world and as the legal environment is showing promising signs of improvement. As an example, the number of foreign franchises in Indonesia has been growing around 13% on a yearly bases since 2012. Nevertheless, it is still vital to have an IP protection strategy when conducting R&D activities in South-East Asia.

Protecting IP with registrations

SMEs can protect their valuable R&D through patents, design patents, industrial designs, trade secrets and trade mark registration. SMEs should keep in mind that patents acquired in Europe do not give automatic protection in South-East Asian countries and therefore, if a European SME is planning to create any new intellectual property in South-East Asia, it is highly recommended to apply for invention patents or design patents in the South-East Asian country, that you seek to do business in. Early protection is the key. The average time for getting a certification varies between 3-8 years for invention patent and between 12 months to 3 years for design patents depending on the country of reference.  Continue reading “IPR Protection for South-East Asia Knowledge Market” »

The ASEAN Economic Community and What it means for Intellectual Property

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Page 3It is still common in the West to encounter confusion or lack of recognition of the ‘ASEAN’ acronym that groups the Southeast Asian nations. Not surprising really, given that there have been few memorable ASEAN events of consequence for foreign businesses over its near 50 year history. Up until now, for most it has stood for more as an ‘on paper’ political union over any great effects on international business.

This is set to change, as in 2015 the ASEAN Economic Community (AEC) was officially fully established. In some ways similar to the economic unity of the EU, the broad aims of the AEC are to develop (1) a single market and production base, (2) a region of more equitable economic development, and (3) a globally integrated economic region. To achieve these, trade barriers will be removed or reduced and standards across a number of sectors (i.e. cosmetics, pharmaceuticals, agricultural products, and medical devices) will be harmonised. Continue reading “The ASEAN Economic Community and What it means for Intellectual Property” »