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” »

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” »

The Last (or First) Line of Defense: Using Customs to Protect your IPR in China

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customs1Businesses in Europe have increasingly benefited from Customs authorities acting to prevent counterfeit products from entering their borders – seizures of products infringing on others intellectual property (IP) make news stories around Europe every week. Not many businesses, however, realise that unlike most countries the Chinese Customs authorities not only have the power to examine and seize criminal imports, but also exports. China Customs have the authority to protect IP rights by confiscating infringing goods and imposing fines on infringers. If the infringement of IP rights exceeds a certain threshold, then the Customs authorities will also arrange for criminal proceedings to be brought against the infringing party.

The Customs IP Regulations provide that IP rights can be recorded with the General Administration of Customs (GAC) in Beijing. Although it is not compulsory to record IP rights at the GAC in order to apply to local customs for enforcement proceedings, it is beneficial for a company moving goods in and out of China, because if IP rights are registered with Customs, then Customs has the power to detain at will any suspected infringing consignment of goods. In addition, local customs offices are more proactive when IP rights are recorded with GAC mainly because the recordal provides Customs officials with easy access to internal IP databases and makes it easier for them to determine whether goods passing through Customs are genuine or counterfeit. Recordal of IP rights also facilitates the process of commencing Customs enforcement proceedings.

Given that the recordal of IP rights with GAC is free and straightforward, recording with GAC is recommended by the China IPR SME Helpdesk experts.
Continue reading “The Last (or First) Line of Defense: Using Customs to Protect your IPR in China” »

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” »

South-East Asia IPR Basics Series: Trade Secrets in Indonesia

dreamstime_m_24720610In today’s South-East Asia IPR Basics article, we’ll be continuing our Indonesia series and looking into the rules, regulations and enforcement options for trade secrets in Indonesia.

As always, if you’d like any more information, feel free to check out our website, or contact our experts for free on our IPR Helpline.

Continue reading “South-East Asia IPR Basics Series: Trade Secrets in Indonesia” »