South East Asia: increasing engagement on intellectual property
Published 30 September 2014
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0.1 Summary
Weak intellectual property (IP) regimes in some countries in SE Asia prevent us from exporting even more to this dynamic region. Appointment of Regional IP advisor enables us to increase our understanding of the key IP challenges facing UK firms in ASEAN (Association of Southeast Asian Nations) and identify opportunities to support reform. IP regimes in SE Asia
###Detail
The UK already punches above its weight in terms of exports to the ASEAN region, but intellectual property is one of the issues preventing us from doing even better in some markets. As with everything else, the quality of IP policy frameworks varies significantly between member states. This, alongside low levels of IP awareness among businesses, presents a challenge to British firms.
Regional dimension
IP forms part of ASEAN’s “single market” agenda: the ASEAN Economic Community (AEC). Implementation of the ASEAN IP Rights (IPR) Action Plan, which aims to improve and harmonise IP regimes, is behind schedule. But it nevertheless provides an impetus for reform, especially in the less developed member states.
Improvements in IP regimes could also be encouraged by conclusion of the Trans-Pacific Partnership (TPP), in which Singapore, Malaysia, Brunei and Vietnam are participating, the Regional Comprehensive Economic Partnership (includes all 10 members of ASEAN), and EU Free Trade Agreements (FTAs) under negotiation with Vietnam, Malaysia and Thailand.
The UK’s role
The Intellectual Property Office (IPO) is developing closer ties with counterparts in priority markets in the region, promoting UK expertise. This is predominantly through their SE Asia Regional Adviser (based in Singapore), Christabel Koh, but also supported by Foreign and Commonwealth Office (FCO), UK Trade and Investment (UKTI) and HM Revenue and Customs (HMRC) colleagues at post. Staff from the IPO also recently visited Singapore, Malaysia and Indonesia to assess the potential for deeper policy cooperation. HMG’s message to governments in the region is that improved IP regimes will support the development of domestic industry, as well as attract more foreign investment and boost trade. We also stress the serious risk posed to public health and the environment by fake pharmaceutical, alcohol, and petro-chemical products and machinery parts.
FCO (Prosperity Fund) and IPO project funds will be deployed to influence the reform agenda. For example, UK Delegation to Organisation for Economic Cooperation and Development (OECD) and IPO are funding an OECD study on Malaysia’s IP framework and how it could best encourage business investment and innovation, and plan to support a tailored training programme on IP enforcement in Indonesia. There are other project ideas in the pipeline. We are coordinating our efforts with the EU’s Office for Harmonisation in the Internal Market (OHIM), including by IPO fielding UK experts to OHIM’s national IP seminars in the region, and with other key partners, such as the US.
Engagement with the UK business community is also critical. Cross-sector business roundtables are helping uncover concerns and issues that British businesses are facing. In addition to learning about UK firms’ IP concerns there is also the need to raise awareness in the British business community – both of the IP threats in SE Asia as well as what HMG is doing to help address them. We are working closely with UKTI colleagues and British/EU Chambers of Commerce as well. Collaboration is also ongoing with the EU-ASEAN IPR SME Helpdesk and UK-ASEAN Business Council (UKABC).
The next step will be for IPO to issue engagement plans for the key markets, building on the SE Asia rules-based international economic system (RuBIES) plan and utilising project funds and other levers, such as EU FTAs. This will enable HMG to support the IP agenda in SE Asia in a way that benefits both host countries and British companies.
0.2 Disclaimer
The purpose of the FCO Country Update(s) for Business (”the Report”) prepared by UK Trade & Investment (UKTI) is to provide information and related comment to help recipients form their own judgments about making business decisions as to whether to invest or operate in a particular country. The Report’s contents were believed (at the time that the Report was prepared) to be reliable, but no representations or warranties, express or implied, are made or given by UKTI or its parent Departments (the Foreign and Commonwealth Office (FCO) and the Department for Business, Innovation and Skills (BIS)) as to the accuracy of the Report, its completeness or its suitability for any purpose. In particular, none of the Report’s contents should be construed as advice or solicitation to purchase or sell securities, commodities or any other form of financial instrument. No liability is accepted by UKTI, the FCO or BIS for any loss or damage (whether consequential or otherwise) which may arise out of or in connection with the Report.