Asia IP

Diversity among ASEAN members is formidable, says Chew Phye Keat, president of the ASEAN Intellectual Property Association and a partner at Raja, Darryl & Loh in Kuala Lumpur. Economic development differs, with the gross domestic product gap between Singapore and Myanmar, for example, at about US$55,000, and the region also has various political systems, from democracies and monarchies to military power, and legal systems, including both civil and common law legal systems.

Chew was speaking during the AIPPI ASEAN Regional Meeting in Kuala Lumpur.

Social and cultural traditions and norms also vary, and what is acceptable in one member state may not be in another. ASEAN members also see a disparity in population growth and population aging. There is a large gap between rich and poor in many of the member countries, and the region, generally, faces resource constraints and a lack of regional distribution mechanisms.

Most of these challenges can be handled “the ASEAN way,” said Chew, by building consensus among member countries, coupled with a policy of noninterference in internal affairs.

The ASEAN Framework Agreement on IP Cooperation 1995 formed the ASEAN Working Group on IP Cooperation (AWGIPC) to promote regional IP cooperation. Chew questions how well the region has been coping with these challenges.

Despite the passage of 20 years, ASEAN – and its cooperation on IP matters – is still a work in progress, Chew says. “There’s no need to rush. There is a need to look at a new model of interoperability to build on the work of the AWGIPC,” he told Asia IP. “There is a need to keep the ASEAN way but allow different domestic IP systems to be able to talk to each other and facilitate common goals. Working together on common goals such as accession to IP treaties, as individual member states signing up to Madrid, the PCT etc, laws across ASEAN should naturally begin to harmonize.”

A plethora of questions remain unanswered. Is there another level of cooperation? Is there a need for a “mini- Madrid for ASEAN”? Why should a law firm in one member state have to go through Geneva to have registration in another? Can ASEAN member states not register directly in another member states? Chew says that while the region may not have the the financial power to implement the full Madrid system, maybe the region should look at something local.

“Watch this space,” Chew said.