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Interregional Expert Meeting
South-South Collaboration and Triangular Cooperation for Access to Information and Knowledge, Innovation Support and Technology Transfer Interregional Expert Meeting 5-6 May 2015, Lima, Peru Antonio A.R. Mendoza
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ASEAN (Association of Southeast Asian Nations)
Founding: 8 August 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand Enlargement: Brunei Darussalam (1984); Viet Nam (1995); Lao PDR and Myanmar (1997); and Cambodia (1999) The ASEAN Charter: 15 December 2008 Ultimate goal: The ASEAN Community in 2015 2
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Pillars of the ASEAN Community
Political and Security Economic Community Socio-Cultural A Community based on three fundamental pillars: ASEAN Political and Security Community (APSC) ASEAN Economic Community (AEC) ASEAN Socio-Cultural Community (ASCC) Roadmap for an ASEAN Community 2015 that includes three Community Blueprints, which provide the impetus for the realization of the ASEAN Community 2015 3
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ASEAN Trade (Merchandise)
ASEAN at a glance (2013) Country GDP (US$ million) GDP/capita (US$ PPP) Merchandise Trade ASEAN Trade (Merchandise) Services Trade As share of GDP (%) Brunei 16,117 73,775 93.42 27.85 17.46 Cambodia 15,659 3,111 117.02 26.31 32.10 Indonesia 862,568 9,484 42.80 10.97 10.22 Lao PDR 10,283 4,532 57.23 37.27 12.78 Malaysia 312,072 23,089 139.15 38.17 27.41 Myanmar 56,661 3,464 42.89 18.05 6.25 Philippines 269,025 6,404 44.27 8.47 14.44 Singapore 297,941 78,762 262.89 69.37 87.07 Thailand 387,534 14,130 123.41 26.75 29.48 Viet Nam 171,219 5,315 154.64 23.09 13.02 ASEAN 2,397,079 *9,397 104.77 25.39 24.69 Source: ASEAN Statistics; data for 2013 *weighted average
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ASEAN Economic Community
Single Market and Production Base Free Flow of Goods Free Flow of Services Free Flow of Investment Freer Flow of Capital Free Flow of Skilled Labour Competitive Economic Region Competition Policy Consumer Protection Intellectual Property Rights Infrastructure Development Taxation E-Commerce Equitable Economic Development SME Development Initiative for ASEAN Integration Full Integration Into the Global Economy Coherent Approach towards External Economic Relations Enhanced Participation in Global Supply Networks 5
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ASEAN IPR Action Plan 2011-2015 Strategic Goal 3
Balanced IP system that enables delivery of timely, quality and accessible IP services. Strategic Goal 2 Developed legal and policy infrastructures that address evolving demands of the IP landscape. Strategic Goal 3 Regional interests are advanced through promotion of IP to ensure that it becomes a tool for innovation, and through support for technology transfer to promote access to knowledge. Strategic Goal 4 Active regional participation in the international IP community to develop capacity of ASEAN Member States and to address needs of stakeholders. Strategic Goal 5 Increased level of cooperation among ASEAN Member States to enhance human and institutional capacity of IP Offices. 6
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Initiatives under the ASEAN IPR Action Plan
SG1 13 initiatives-45 deliverables Reduction of turnaround time for TM registration Patent search and examination cooperation (ASPEC) Regional classification of ethnic goods and services Capacity building for patent/trademark/design professionals Regional action plan on enforcement Copyright initiatives (exceptions and limitations; use of copyright system ; CMOs) Geographical indications TKGRTCE Plant variety protection SG2 3 initiatives-21 deliverables Accession to Madrid Protocol, Hague Agreement and Patent Cooperation Treaty (PCT) SG3 5 initatives-15 deliverables Regional network of patent libraries in universities Regional IP promotional campaigns Awareness raising on technology transfer and commercialization Enhancing SME capability to utilize IP ASEAN IP portal (website) SG4 4 initiatives-14 deliverables Regional cooperation with dialogue partners Regional participation in international forums and enhanced interface with stakeholder groups Development of strong negotiating position on IP SG5 3 initiatives-13 deliverables Capacity building for patent, trademark and design examiners Modernization of IT infrastructures 7
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Dialogue Partners 8
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ASEAN Patent Search and Examination Cooperation (ASPEC)
regional patent work-sharing arrangement among nine AMS IP Offices (except Myanmar) reference to earlier work done by an AMS IP Office could help an examiner in another AMS IP Office to develop his search criteria or strategy more quickly, helping to reduce effort in searching and assisting the examiner to understand the claimed invention faster processes will be advanced out of turn until grant when an ASPEC request is filed applicants in ASEAN have started using the ASPEC facility and initiatives will be undertaken to move ASPEC from an applicant-driven system to an office-driven system in the longer term. future work will involve collaboration with dialogue partners for possible assistance and usage of IT platforms for bibliographic data and document sharing, and information exchange among AMS, and other IP offices 9
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Regional Network of Patent Libraries
establishment of a network of patent libraries in ASEAN seeks to increase access to global scientific and technological information intended to support R&D activities by providing technical assistance to universities that agree to establish patent libraries in the region a regional meeting was convened with the participation of representatives from universities and research institutions next plans will include, among others, capacity-building activities and developing technical infrastructure and information immediate steps for consideration include formalizing engagements with focal universities and research institution and establishing technology and innovation support networks 10
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Reduction of Turnaround Time for Trademark Registration
sharing and implementation of best practices aimed at eliminating backlog in trademark applications adoption of Common Guidelines for Substantive Examination of Trademarks, a reference document prepared by AMS IP Offices to enhance the quality and transparency in the substantive examination of trademark applications the Common Guidelines contain principles and standards that could be applied regardless of the manner in which the individual AMS IP Offices carry out the examination process according to domestic laws usage of Common Guidelines is intended to focus the practices of the AMS IP Offices to enable a higher level of consistency in the decisions of examiners and to reduce average turnaround time for the registration of trademarks setting-up of the ASEAN TMView, an online platform that contains information on more than 2 million trademarks applications and registrations having effect in ASEAN and which provides users with a practical tool to obtain data on trademarks in the region 11
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Copyright Exceptions and Limitations
information-sharing and exploring best practices on copyright exceptions and limitations for the visually impaired and persons with disabilities an environmental scan was conducted in ASEAN on the legal, institutional and social cultural situation relevant to installing copyright limitations a workshop was convened to look at the state of law of copyright which could impede access information by VIPs and to share the recent developments at the international level regarding the subject 12
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GRTKTCE information-sharing and exchange of best practices on GRTKTCE protection and establishment of national and regional databases on GRTKTCE an issues paper on IP and GRTKTCEs was drafted to catalogue and describe the available options to address policy issues there are varied interests and concerns in respect of these subjects and that a ‘one-size-fits-all’ template to protecting GRTKTCEs may not likely be workable at this time, given variations in national priorities, the legal and cultural environment and the needs of traditional communities 13
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Enforcement information awareness activities (including development of information materials) on enforcement, and private sector involvement in anti-piracy and information awareness campaigns steps are being explored to set up an online platform for publicly available statistical information relating to IP enforcement, including the status of IP cases in the judiciary
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Thank You. 15 15
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