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IP Incidental?

IP Incidental?. By Weerawit Weeraworawit Deputy Secretary General National Human Rights Commission of Thailand. ASEAN consisting of 10 member countries: Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Phillippines, Singapore, Thailand, Vietnam.

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IP Incidental?

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  1. IP Incidental? By Weerawit Weeraworawit Deputy Secretary General National Human Rights Commission of Thailand

  2. ASEAN consisting of 10 member countries: • Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Phillippines, Singapore, Thailand, Vietnam. • The ASEAN Framework Agreement on IP Cooperation

  3. ASEAN Framework Agreement on IP Cooperation = soft cooperation • Areas of cooperation: • Exchange of Information • Public awareness • Enforcement of rights • Establishment of international norms and standards • Establishment of ASEAN trademark and patent systems

  4. ASEAN IP cooperation with the other asian countries: • The ASEAN-Japan Comprehensive Economic Partnership Agreement, 2 April 2008 • The ASEAN-China MOUon Cooperation in the Field of intellectual Property, 21 Dec 2009

  5. ASEAN-Japan Comprehensive Economic Partnership Agreement: • 13 fields of economic cooperation, one of which is IP (Art 53) • IP cooperation tackled by Part 1 of Annex 5 of the Agreement • Objectives of IP cooperation are to promote: - creation and commercialisation of IP - exchange of information and sharing of best practices on transparent and simplified procedures concerning IP - exchange of information and sharing of best practices on effective protection and enforcement of IP - public awareness of IP

  6. ASEAN-China MOU on Cooperation in the Field of IP: • Establishment of a periodic Heads of IP Offices Meeting mechanism to brief each other on latest developments and exchange views on important international issues in the field of intellectual property • Coordination of issues related to IPRs protection • Exchange of information and experiences in the field of IP including best practices relating to examinations, quality control, examiners’training and other issues • Exchange of views and cooperation in the development of IP automation and database • Exchange of views on major issues related to the international IP systems that are under deliberation at the WIPO and other international fora. • Other matters mutually agreed.

  7. Importance of IP asserted by cooperation among ASEAN countries and with other Asian countries • BUT • IP cooperation is realistic and practicable • No demand on substantive IP issue • Emphasis on cooperation in exchange of views and experiences, public awareness, capacity development

  8. IP not incidental to the free trade or comprehensive economic partnership negotiationsbetween ASEAN and Japan and China. • Focus is to treat IP as an enabling tool of economic cooperation not as a barrier to closer economic cooperation. • IP deliberately treated in a non-controversial manner. No TRIPS-plus. • Perhaps more is achieved this way than having the whole FTA negotiations collapse because ofcontroversy over IP cooperation!

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