ASEAN- Australia- New Zealand Free Trade Area (AANZFTA) Economic Cooperation Support Programme (AECSP)

Transcription

1 ASEAN- Australia- New Zealand Free Trade Area (AANZFTA) Economic Cooperation Support Programme (AECSP) Lodgement of Tenders/Applications to: Program Coordinator AANZFTA Support Unit External Economic Relations Division, ASEAN Economic Community Department The ASEAN Secretariat 70 A Jl. Sisingamangaraja Jakarta 12110, Indonesia ecwp@asean.org Please indicate in the subject line: Case Study on AECSP support to Madrid Protocol accession Closing date and time: 8 March 2018 (Close of Business, Jakarta time)

2 ASEAN- AUSTRALIA- NEW ZEALAND FREE TRADE AREA (AANZFTA) ECONOMIC COOPERATION SUPPORT PROGRAMME (AECSP) Title of Assignment: Short Term Consulting Opportunity for Developing a Case Study on AECSP Support to AANFTA Parties on their accession to the Madrid Protocol I. Background 1. AANZFTA, which came into force in 2010, aims to liberalize and facilitate trade and investment between ASEAN, Australia and New Zealand through commitments in key trade areas including intellectual property. To support the operationalization and implementation of the AANZFTA, the AANZFTA Economic Co- operation Support Program (AECSP) was established with an annual work program guided by the AANZFTA Sub- Committee on Economic Cooperation (EC- SC). Highlights of the engagement activities supported under the AECSP have been reported annually to the Senior Economic Official (SEOM- CER) and Ministerial (AEM- CER) meetings through an AECSP Communication Package. The AECSP Communication Package includes case study reports on specific projects that have achieved significant results contributing to the AANZFTA goals. For this purpose, the ASEAN Secretariat assists the FJC, EC- SC and subsidiary bodies in conducting the case studies. 2. The AECSP has supported a number of initiatives to assist countries that are party to AANZFTA (or AANZFTA Parties) to accede to the Protocol Relating to the Madrid Agreement Concerning the International Registration Marks 1989 (or Madrid Protocol). This is in line with the need for AANZFTA Parties to facilitate stakeholders access to global intellectual property (IP) protection systems in a timely and easily accessible manner through internationally agreed and transparent infrastructures. AECSP projects on Madrid Protocol support the Strategic Goal number 2 of ASEAN Intellectual Property Rights Action Plan which aims to develop national or regional legal and policy infrastructures that address evolving demands of the IP landscape and support AMS participation in global IP systems at the appropriate time. 3. The AECSP engagements supporting AMS on Madrid Protocol Accession, kicked off with a regional policy dialogue in 2011 which was then followed by three phases of a multiple year project entitled Accession to Madrid Protocol, can be categorized in two components: pre- accession and post- accession. The first component includes the holding of a series of consultation fora in the AMSs, preparation of road maps for accession for

3 selected AMSs, making recommendations for the clearing of backlogs and reduction of pendency periods (first action and disposal), examination of laws and regulations to determined alignment with the Madrid Protocol. The second component involves the preparation for the acceding AMSs in operationalizing Madrid Protocol, holding of information dissemination seminars in selected AMSs, and training of IP officers in Madrid Protocol operations. 4. For AANZFTA Parties, Australia, Singapore and Vietnam were already members of the Madrid Protocol prior to the implementation of the project. New Zealand and Philippines became a member on 25 April 2012 and 10 December 2012 respectively. Currently, the following are the status of the remaining AMS in acceding and entry into force of the Madrid Protocol: Brunei Darussalam, January 6, 2016; Cambodia, June 5, 2015; Indonesia, January 2, 2018; Lao PDR, March 7, 2016; Thailand, November 7, The above AECSP support to AMS accession to Madrid Protocol will be highlighted as a case study in the AECSP Communication Package to be submitted at the 23 rd AEM- CER Consultations in For this purpose, the ASEAN Secretariat is hiring an expert on a short term contract to commission this case study. II. Purpose of Assignment 6. The objective of the assignment is to conduct a case study on AECSP support to AMS in their accession to Madrid Protocol which documents achievements and highlights the lessons learned, good practices and success stories. 7. This assignment involves the preparation and coordination of interview schedules, preparation and finalization of questionnaires, consolidation and analysis of interviewees' responses and writing the case study report. III. Consultant s Scope of Work and Activities 8. The following are activities to be carried out by the consultant in close coordination with the Competition, Consumer Protection and Intellectual Property Rights Division (CCPID) and AAZFTA Support Unit of the ASEAN Secretariat: a) Case Study Design and Methodology. Submit and discuss with the ASEAN Secretariat the respective work plan and methodology in conducting the case study. b) Conduct of a desk review of project documents and other relevant documents to the Madrid Protocol Project such as but not limited to Protocol Relating to the

4 IV. Expected Outputs Madrid Agreement Concerning the International Registration Marks 1989, ASEAN Intellectual Property Rights Action Plan , and the ASEAN Intellectual Property Rights Action Plan ( pdf) and other relevant project documents. c) Conduct of Interviews with Relevant Stakeholders. The consultant will conduct interviews with members of the AANZFTA Committee on Intellectual Property (IPC) and ASEAN Working Group on Intellectual Property (AWGIPC), project implementers and beneficiaries. d) The consultant, if and when needed, is also expected to conduct in- country interviews with selected AMS to document their experiences in acceding to the Madrid Protocol and how these benefitted the AMS' economy. 9. The expected outputs of the assignment are a brief Case Study Design and Methodology and a final Case Study Report. 10. Output 1 (Initial Output): The brief Case Study Design and Methodology includes: i. Key activities and timelines; ii. Information and resources required in conducting the case study; iii. Draft questionnaires; and iv. Draft outline of the Case Study Report. 11. Output 2 (Key Output): i. Output 2.1: Case Study Report for AANZFTA s internal reference: covering (i) results of the desk review by the consultant on the relevant documents and through consultation with ASEAN Secretariat; (ii) results from the conduct of the stakeholder interviews, highlighting the AECSP support to the AANZFTA Parties in their accession to the Madrid Protocol, background and outcomes of the AECSP support including activities conducted and outputs resulting from these activities, and lessons learned from both from the process of accession and project implementation. The Case Study Report will be for submission to the AANZFTA EC- SC and FJC, incorporating inputs and comments from ASEAN Secretariat, project implementers and Co- Chairs of AANZFTA IPC, if any. ii. Output 2.2: A simplified version of the same Case Study Report for submission at the 23 rd AEM- CER Consultations in 2018, with layout design and of 15- page length at the maximum.

5 V. Consultant s Qualifications 12. The consultant should be an evaluation expert who possesses extensive knowledge and experiences in evaluating capacity development initiatives. Knowledge on intellectual property, especially the Madrid Protocol and familiarity with IP- related policies, procedures and regulations in AANZFTA Member States is desired. 13. The consultant should have experience in conducting case studies, adept in doing desk research and demonstrated ability and experience in engaging stakeholders / interviewees and in conducting interviews. 14. The consultant with prior experience or consulting engagement with AANZFTA and AECSP is preferred. VI. Consultant s Appointment and Timetable 15. Appointment and contract of the consultant will be negotiated by the ASEAN Secretariat in consultation with the EC- SC. 16. The timeline for hiring and initial activities of the consultant will be as follows: Action Deliverables Indicative Timeline Contract award and signing Consultant s submission of Output 1 Interviews with relevant stakeholders Submission of draft Output 2.1 to ASEAN Secretariat Submission of final Output 2.1 to ASEAN Secretariat incorporating comments Case Study Design and Methodology Draft Case Study Report for EC- SC and FJC Final Case Study Report for EC- SC and FJC 2 nd 3 rd week of March rd week of March th week of March rd week of April 2018 for circulation to project implementers and/or Co- Chairs AANZFTA IPC 1 st week of May 2018

6 Action Deliverables Indicative Timeline Based on the final Output 2.1, submission of draft Output 2.2. to ASEAN Secretariat Submission of the final Output 2.2. incorporating comments Draft Case Study Report for AEM- CER Final Case Study Report for AEM- CER 2 nd week of May 2018, for circulation to Co- Chairs AANZFTA IPC and EC- SC for comments Last week of May 2018 VII. Submission of Application 17. The application will have technical and financial components. The technical component should contain the following information: a) A brief discussion indicating the prospective Consultant s understanding of the purpose of the assignment; b) A detailed work plan specifying the activities to be undertaken, an outline of the reports to be delivered, and schedule of activities, taking into account the targets to complete the undertaking; c) Evidence of Consultant s qualifications and expertise including related projects handled; 18. The financial component should specify all direct and indirect costs for undertaking the Case Study, including but not limited to: a) Consultancy fee for developing the case study report in unit cost and the number of days based on the timeline and deliverables above. b) Miscellaneous charges, if applicable. 19. The cost of travels for the consultant, as may be required by the ASEAN Secretariat, shall be borne by the AECSP and based on actual expenses.