Co-operation in IPR: Perspectives from ASEAN

Transcription

1 Co-operation in IPR: Perspectives from ASEAN Dr Bernard Ong Director, International Engagement Department Intellectual Property Office of Singapore Presentation to ASEAN-EU STI Days On behalf of Chair of ASEAN Working Group on IP Cooperation (AWGIPC) 18 March Copyright IPOS All rights reserved.

2 Outline A Snapshot of ASEAN ASEAN-EU Economic Relations The IP Eco-system Challenges and Opportunities 2 Sources: IMF; World Bank; ASEAN IBR Business Report; JETRO

3 A Snapshot of ASEAN Land area: 4.48 million sq km Population: 617 million Strong market: Projected to be the fourth largest economy by 2050 Expanding consumer class: From 81 million (2013) to 163 million household (2030) Strong FDI flow (2013) Inflow exceeding US$122 billion EU was the top investor accounting for 22% of ASEAN s total FDI at US$26 billion Breakdown of 2013 World GDP 1 : 8. Brazil, $2.2T 7. ASEAN, $2.4T 6. United Kingdom, $2.5T ASEAN = US$2.4 trillion 4. Germany, $3.6T 9. Russia, $2.1T 5. France, $2.7T 10. Italy, $2.1T 3. Japan, $4.9T 1. United States, $16.8T 2. China, $9.3T 3 Sources: Mckinsey; IMF; World Bank; ASEAN IBR Business Report

4 ASEAN-EU Economic Relations [I] Top 10 Trading Partner with ASEAN in 2013 Eurostat IMF 190, , , , , , , , , ,000 European Union Total Trade with ASEAN (Million ) 2 178, Approx. 80% growth in total trade with ASEAN since fold growth in ASEAN s external trade 4 Copyright IPOS All intellectual property reserved. Sources: ASEAN Community in Figures 2014; ASEAN Trade Statistics Database, 24 July 2014

5 ASEAN-EU Economic Relations [II] EU s FDI in ASEAN in 2013 by industry Information and communication 1% Financial and insurance activities 40% Real estate activities 2% Other services activities 12% Manufacturing 28% Agriculture, forestry and fishing 2% Mining and quarrying 6% Wholesale and retail trade; repair of motor vehicles and motorcycles 9%

6 Foreign Direct Investment between EU and Singapore The EU is the 5-fold growth largest source in ASEAN s of FDI in Singapore external trade 6 Copyright IPOS All intellectual property reserved. EU-Singapore Trade & Investment 2014

7 Increased Trade Flow between EU and Singapore Trade between the EU and Singapore jumped by 77% in the past decade, surpassing 46 billion in bilateral trade in goods (2013) 1 Singapore was the EU s 15th largest trading partner and accounted for over one-fourth of the EU s merchandise trade with ASEAN 1 The EU-Singapore FTA initialled in 2013 first FTA negotiated with ASEAN member states 1 Singapore is the EU s largest trading partner in services in ASEAN 3 Singapore s Top 10 Trading Partners in 2013 Economic Survey of Singapore Copyright IPOS All intellectual property reserved. 1. Eurocham; 2. MTI 2013; 3. EU-Singapore Trade & Investment 2014

8 IP supports trade flows and FDI EU is top filers in patents and trademarks Approx. 80% growth in total trade with ASEAN since 2003 EU is the top IP5 in patent and trademarks application EU is also a strong user of PCT and Madrid system Sources : WIPO 8

9 ASEAN Landscape in Focus Sources: Asian Development Bank Institute ASEAN FTAs (as of July 2013) 9

10 ASEAN Economic Community (AEC) 2015 Gateway to collective market of 600 million consumers Market capital of $280 billion to $615 billion by 2030 At least 14 million jobs creation in the ASEAN region by 2025 Single Market and Production Base Free flow of goods Free flow of services Freer flow of investment Competitive Economic Region Competition policy Consumer protection Intellectual property rights Equitable economic development SME development Initiative for ASEAN integration Integration into the global economy Intra-ASEAN trade has grown from US$ 82 billion in 1993 to US$609 billion in 2013 Today, virtually all goods in ASEAN move throughout the region tariff-free. Freer flow of capital Free flow of skilled labour Priority integration sectors Food, Agriculture and Forestry Infrastructure development Taxation E-commerce Coherent approach towards external economic relations Enhanced participation in global supply chain networks 10 Statistics based on available data from WIPO statistics

11 ASEAN IP in Focus Average Time Expected to Register a Trademark in ASEAN IP filings in ASEAN Patents Trademarks Designs Statistics based on available data from WIPO statistics and does not reflect all ASEAN countries. Average Time Expected to Register a Patent in ASEAN Country IP Offices Practitioners Cambodia 3 years Over 3 years Indonesia 5.61 years via normal process; 4.92 years via PCT 7-8 years Laos 4 years More than 5 years Malaysia 1.6 years via fast-track basis without objections; 5.41 years via Paris Convention; 4-6years 2.15 years via PCT Myanmar None None Philippines 4-5 years - Singapore 1-2 years 3-6 years Thailand 3 years 5-6 years Vietnam 2-3 years 2-3 years Extracted from Source: Comparative Assessment Study of Patent and Trademark Offices in Southeast Asia, October IP filing growth in 2012 Global ASEAN Patents Trademarks Designs

12 International filing through WIPO treaties Brunei Cambodia Indonesia Laos PDR Malaysia Myanmar 1 Philippines Singapore Thailand Viet Nam WIPO TRIPS X Paris Convention X PCT X X Hague Act Madrid Protocol X X X X X X X X X 2015 SLT X X X X X X X X X Berne Convention X X X WCT X X X X X X WPPT X X X X X X 1 Myanmar is in the process of establishing its national IP office but is an active participant of AWGIPC. 12

13 Challenges of ASEAN IP Diverse language differences Multiple IP offices Differences in IP offices infrastructure and processing time Lack of information 13

14 ASEAN Working Group on Intellectual Property Cooperation (AWGIPC) Balanced IP System to deliver timely, quality, and accessible IP services. National or regional legal and policy infrastructures. Promotion for IP creation, awareness, and utilization. Active regional participation and strengthened relationships with dialogue partners and stakeholders. Increased level of collaboration among AMSs to enhance human and institutional capacity of IP Offices in the region. 28 initiatives, 108 Deliverables, 80% completion Close collaboration with multiple dialogue partners AANZFTA AIPA 14

15 ASEAN Patent Examination Cooperation (ASPEC) Patent Prosecution Highway (PPH) like work-sharing arrangement in ASEAN. Significant time saving compared to the past (3 8 years). 85% of fillings had first office action within 9 months. Expedited First office filing No additional cost Quality S&E services One common form in English 15

16 Securing your patents internationally ASPEC (IPOS PPH Partners) Brunei Darussalam Cambodia Indonesia First ISA/IPEA in ASEAN Lao PDR China Mexico Germany Singapore Global PPH Offices Malaysia Viet Nam EPO WEF Jan 2015 Philippines Thailand Interoperability of IP Regimes Icons from ASPEC in ASEAN 16 Copyright IPOS All intellectual property reserved.

17 Patent filing value chain through Singapore Pre-filing Search 60-day patent report ISA = IPOS Singapore first filing PCT patent application PCT national phase applications in markets of interest, e.g., USA Europe China SG Patent report shows 1 patentable claim Patent report shows 1 patentable claim GPPH PPH ASPEC ASEAN countries

18 ASEAN TMview Simplified and centralized online trademark database developed under OHIM ECAP III which is free for all to use. ASEAN TMview contains more than 2 million trademarks in ASEAN. Advance search options to be included in the near future. European Brands in ASEAN TMview: 18

19 ASEAN IP Portal Centralized online platform to aggregate information and statistics on IP development and happenings in ASEAN. Houses the ASEAN TMview, ASEAN IP utilization case studies, ASEAN case law and more services in the pipeline. 19

20 Moving forward One vision, One identity, One community through IP. Interoperability of IP offices in ASEAN Regional IP platforms through centralized ASEAN IP Portal Quality and timely IP filing services Regional mechanisms to promote IP creation and commercialization for businesses 20

21 Thank you! 21