Patent Protection in South-East Asia

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patentWith today’s blog post we continue our Back to the Basics theme and take a look at patent protection in South-East Asia. This blog post  will explain the patent application process and discuss alternative and oftentimes faster routes for obtaining patents in South-East Asia via using the Patent Cooperation Treaty or benefiting from ASEAN Patent Examination Cooperation. 

A patent is an exclusive right granted for the protection of new inventions, which are products or processes offering new technical solutions or providing new ways of doing something. The product or process in question must be applicable in industry to be eligible for protection. Patent protection lasts for a limited period of time, usually 20 years. A patent is a territorial right and has its effects only within the national boundaries of the country for which it is granted. It means that patents registered in Europe have no legal effect in any South-East Asian country.

A patent provides protection for the invention to the owner of the patent, meaning that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. Patent rights are enforceable in courts and obtaining patent protection is therefore a crucial aspect of business in the modern global economy. It is vital that SMEs apply for patent protection in the South-East Asian countries of interest to their business, especially if the launch of their respective produc on the South-East Asian market is on the horizon. Continue reading “Patent Protection 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” »

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” »

Top 3 IPR mistakes for SMEs in South-East Asia

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shutterstock_182269964A wide range of foreign industries are now looking to Southeast Asia not just to take advantage of an abundance of cheap labour for exportables, but also to tap into new consumer markets formed from a growing middle-class population. While these opportunities can lead to substantial returns for European businesses, via both the production and sales side, the less developed nature of business-related legislation means the dangers of intellectual property (IP) infringement are often great.

There are very few SMEs who would not take the issue of intellectual property rights (IPR) seriously in their business strategies, nevertheless there are some issues that are commonly overlooked and can even lead to commercial disaster. Here we take a look, in no particular order, at the top 3 IPR mistakes SMEs make… Continue reading “Top 3 IPR mistakes for SMEs in South-East Asia” »

Intellectual Property and Shandong’s Tech-driven Growth

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shutterstock_245934913Business continues to boom in Shandong, with manufacturing dominating the economy; in the past the province has been a cradle for some of China’s better known national champions, such as electronics manufacturers Haier and Hisense, and others are likely to soon follow. Machinery and component manufacture has been particularly important in driving the industrial development of Qingdao, and this has been boosted by the local government’s efforts to attract high-tech foreign firms to Shandong, via special high-tech and export zones.

Qingdao and the other major industrial cities in Shandong (like Yantai, Zibo, Weifang, Jinan) are an attractive option for advanced manufacturing, not least because of their relatively cheap rent, easy access to a large concentration of suppliers, and well-established shipping routes. However, the threat of intellectual property theft, such as the copying of designs, patented inventions, or company trade marks, remains high throughout China and no less so in Shandong. Continue reading “Intellectual Property and Shandong’s Tech-driven Growth” »