Benefits of an FTA in South-East Asia from SMEs’ perspective: experience from Vietnam

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EU-VietnamFTA – An increasingly hot topic in South-East Asia

Brief overview of the advantages of FTA

In recent decades Free Trade Agreements (FTAs) have become more and more prolific in South-East Asia as nations strive to boost the volume of trade. FTAs are considered to be beneficial, as they; enhance trading opportunities, increase exports, create stronger ties between trading partners, offer new opportunities for foreign investment and wider economic integration by lowering trade barriers and harmonizing legal and regulatory systems through the application of international standards.

On-going FTA negotiations in South-East Asia

The instrument of FTAs is widely used by various governments. Currently, there is a great number of FTAs (almost 40 according to World Trade Organization (WTO)) already in the implementation phase in the South-East Asia region and many more in the negotiation phase. Vietnam, for example, is included in the implementation of at least 12 FTAs and has recently initialled 4 more FTAs, including the EU-Vietnam FTA (EVFTA). The European Union (EU) has worked towards establishing FTAs with a number of South-East Asian countries in order to boost trade in a more predictable environment for trade and investment relations. Following the conclusion of the EU-Singapore FTA in 2014, negotiations with Vietnam were completed in December 2015 – the same month in which negotiations for an FTA with the Philippines were launched. The EU also remains committed to resuming negotiations with Malaysia and Thailand when conditions are right. It has also concluded the scoping exercise with Indonesia and is working towards the opening of FTA negotiations. This article will take a closer look at the changes that the EVFTA will implement in relation to IPR and what this may mean for European SMEs. Continue reading “Benefits of an FTA in South-East Asia from SMEs’ perspective: experience from Vietnam” »

South-East Asia IPR Basics Series: Patents and Utility Models in Malaysia

In Malaysia, as iPatentsn Europe, a patent is an invention that is new, involves an inventive step, and is industrially applicable. Essentially, a patent is what you use to protect inventions—creative and novel solutions to technical problems. The Patent Division of the Malaysia Intellectual Property Corporation handles registration of Malaysian patents by two methods: national phases of Patent Cooperation Treaty applications, or direct national applications. Utility models are referred to as Utility Innovation (Certificates) in Malaysia and are processed similarly to patents, except do not require an inventive step and can only cover a single claim per application. All applications may be filed in either English or Malay (Bahasa Malaysia), although the majority are filed in English. Additionally, the basic filing fee for patent registration in Malaysia starts from RM 1,490, or approximately EUR 330.

In today’s article we explore the different types of patent available in Malaysia, how and where to register them, and the enforcement options available.

Continue reading “South-East Asia IPR Basics Series: Patents and Utility Models in Malaysia” »

South-East Asia IPR Basics Series: Patents in Indonesia

patentIn 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 Patents 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.

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South-East Asia IPR Basics Series: Design Rights Protection in Thailand

Following on from our last IPR Basics post, today we’d like to talk about protection for design rights in Thailand.

Design rights, otherwise referred to as ‘design patents’ protect the distinctive shape, pattern, or colour (or combination of these elements) of a given product. Protection does not usually last as long as for true ‘invention’ or ‘utility model’ patents, however the protection given can still represent a significant commercial advantage to rights holders.

In this article, we look at the core protection available for rights holders, as well as registration procedures and enforcement options in South-East Asia’s second largest economy.

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As always, if you like this article and have more questions regarding design rights or any other IPRs in Thailand, or South-East Asia generally, feel free to take a look at the materials on our website, or get in touch with an expert today!

Continue reading “South-East Asia IPR Basics Series: Design Rights Protection in Thailand” »

South-East Asia IPR Basics Series: Patent Law in Thailand

Mech Eng 2Patents grant rights holders exclusive rights to exploit an invention or process and prevent others from benefiting from this novel idea for a limited period of time (usually around 20 years).

Thailand has a comprehensive framework of legal protection for patents, which are split into two categories; invention patents, and utility model patents. This article explores the laws in place in Thailand protecting these rights, as well as the procedures required for registration, and the options available to rights holders in the event of infringement on Thai soil.

If you’d like even more information on how to protect and enforce your patents in Thailand, read our guides, or get in touch with our Helpdesk experts for free, in-depth advice, tailored to your needs.

Continue reading “South-East Asia IPR Basics Series: Patent Law in Thailand” »