Transcript Session 2 (Mendoza)

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
[email protected]
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
Pillars of the ASEAN Community
•
ASEAN Political and Security
Community (APSC)
•
ASEAN
Community (AEC)
•
ASEAN
Socio-Cultural
Community (ASCC)
Economic
Roadmap
for
an
ASEAN
Community 2015 that includes
three Community Blueprints,
which provide the impetus for
the realization of the ASEAN
Community 2015
ASEAN
A Community based on three
fundamental pillars:
Political and
Security
Economic
Community
Socio-Cultural
ASEAN at a glance (2013)
GDP
GDP/capita
Country
(US$ million)
(US$ PPP)
Brunei
16,117
73,775
Cambodia
15,659
3,111
Indonesia
862,568
9,484
Lao PDR
10,283
4,532
Malaysia
312,072
23,089
Myanmar
56,661
3,464
Philippines
269,025
6,404
Singapore
297,941
78,762
Thailand
387,534
14,130
Viet Nam
171,219
5,315
ASEAN
2,397,079
*9,397
Source: ASEAN Statistics; data for 2013
*weighted average
Merchandise
ASEAN Trade
Trade
(Merchandise)
As share of GDP (%)
93.42
27.85
117.02
26.31
42.80
10.97
57.23
37.27
139.15
38.17
42.89
18.05
44.27
8.47
262.89
69.37
123.41
26.75
154.64
23.09
104.77
25.39
Services
Trade
17.46
32.10
10.22
12.78
27.41
6.25
14.44
87.07
29.48
13.02
24.69
ASEAN Economic Community
Single Market and
Production Base
Competitive
Economic Region
• Free Flow of Goods
• Free Flow of
Services
• Free Flow of
Investment
• Freer Flow of
Capital
• Free Flow of Skilled
Labour
• Competition Policy
• Consumer
Protection
• Intellectual
Property Rights
• Infrastructure
Development
• Taxation
• E-Commerce
Equitable
Economic
Development
Full Integration
Into the Global
Economy
• SME Development
• Initiative for ASEAN
Integration
• Coherent Approach
towards External
Economic
Relations
• Enhanced
Participation in
Global Supply
Networks
ASEAN IPR Action Plan 2011-2015
Strategic Goal 1
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 4
Active regional participation
in the international IP
community
to
develop
capacity of ASEAN Member
States and to address needs
of stakeholders.
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 5
Increased level of cooperation
among ASEAN Member States
to enhance human and
institutional capacity of IP
Offices.
Initiatives under the ASEAN IPR Action Plan
SG1
13 initiatives-45 deliverables
SG2
3 initiatives-21 deliverables
SG3
5 initatives-15 deliverables
SG4
4 initiatives-14 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
• Accession
to
Madrid
Protocol,
Hague
Agreement and Patent
Cooperation Treaty (PCT)
• 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)
• 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
patent, trademark
design examiners
• Modernization
of
infrastructures
for
and
IT
Dialogue Partners
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
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
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
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
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
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
Thank You.