A few months ago we looked at how the members of ASEAN would be adapting their IP systems in the run-up to the ASEAN Economic Community (AEC) of 2015. We questioned whether it would be business as usual or whether this meant we would see real change in the region allowing for a more fluid and internally-accessible market. We have slowly started noticing a shift, most notably with the Philippines…
The Philippines recently announced its intention to accede to several IP agreements as part of its plans to get ready for the AEC in 2015. The Intellectual Property Office of the Philippines (IPOPHIL) announced several new initiatives that show its resounding support as well affirmative action for the move to establish an ASEAN community. These initiatives were discussed in a public forum held on October 17 participated by IP professionals and IP rights holders. The director general, Ricardo Blancaflor, of the Intellectual Property Office of the Philippines (IPOPHL) stated that:
“We aim to make the IP system work better and faster for our IP right holders. The continuing push to improve IP enforcement and adjudication in the country is aligned with our bigger objective of having a demystified, democratized, and a development-oriented IP system.”
The new IP agreements in the Philippines which are part of the larger plan to get ready for the AEC in 2015 are the following:
- The Nice Agreement on the classification of goods and services in trade mark applications
- The Vienna Agreement on the classification of figurative parts of trade marks
- The Singapore Trade mark Law Treaty
- The Hague Agreement. ASEAN is encouraging its adoption throughout the region.
IPOPHIL also disclosed its plan to launch an online and paper version of an ASEAN common trade mark application form in 2015, which highlights the steps the Philippines is taking to making IP registrations more accessible. IPOPHIL is also working with intellectual property offices in other ASEAN countries to begin the adoption of common practical examination guidelines by January 2015. Moreover, the ASEAN member states have created a centralised web portal called ASEAN TMview which is an online trade mark information platform aimed at making ASEAN trade mark data widely available and easily accessible to all interested stakeholders. The ASEAN IPR SME Helpdesk is currently exploring the options to create a user friendly ‘Manual’ that will help EU SMEs to navigate through ASEAN TMview. They have also recently launched another web portal, ASEAN TMClass, which serves as a database where you can search for and classify Goods and Services (terms) needed to apply for trade mark protection. These web portals are currently in English but will eventually also be available in a multilingual format.
These initiatives show the positive change the AEC will bring about in terms of intellectual property rights and will simplify the IP procedures for EU SMEs; however, this does not mean that the risks involving their IP assets have significantly diminished. EU SMEs should still pay careful attention to build a strong IP strategy and should always remember to register their IP!
To learn more about doing business in the Philippines, check out our regional factsheets here. The Helpdesk will also soon be releasing a guide, “Intellectual Property and the ASEAN Economic Community in 2015”, to give a clear, practical SME-orientated outline of the IP environment under the AEC. Stay tuned for its release date!