Member countries of the Association of Southeast Asian Nations -ASEAN Economic Community- are looking to standardize their IP processes as economic opportunities increase in the regions. Part of this initiative involves a unified language for all IP procedures…
ASEAN Economic Community
AEC 2015, also known as the ASEAN Economic Community, consists of ten countries, i.e. Thailand, Myanmar, Laos, Vietnam, Malaysia, Singapore, Indonesia, the Philippines, Cambodia, and Brunei, united through regional economic cooperation.
In some ways similar to the economic unity of the European Union, the AEC aims to develop a single market system, that will allow for a more equally developed and globally integrated economic region. To create such an economic system, existing trade barriers have been removed or reduced, and standards across a number of sectors harmonized.
ASEAN Economic Community | IP Challenges
Preparing for this level of economic unity is inevitably more complicated than it sounds, especially when it comes to Intellectual Property (IP) Rights – the primary focus of efforts since 2011.
Among the main goals of the AEC concerning IP are:
- Creating a more balanced IP system taking into account different levels of development.
- Promoting IP use and awareness across the region.
- Establishing active participation in the international IP community.
- Encouraging co-operation among members and enhancing the capacity of IP offices in the region.
Different markets undergoing a shift in patent and IP protection, such as the pharmaceutical market, will put these goals to the test in the near future.
ASEAN Economic Community | Emerging Pharma Markets
In 2015, 40% of the pharmaceutical market lost patent protection, which increased sales in emerging markets. In 2016, the global pharmaceutical industry is expected to generate an estimated 30% of its total sales in emerging markets.
Asia’s drug market is estimated to be greater than other regions. After India and China, countries such as Indonesia, Singapore, Malaysia, Vietnam and Thailand are especially attractive markets. As foreign and local companies look to increase sales of pharmaceuticals in these regions, unified IP procedures are necessary to ensure proper protection of new products.
ASEAN Economic Community | Adopting One Language
Another way the ASEAN Economic Community is looking to standardize their patent documentation, is by adopting English as a common language. In effect, the AEC hopes this will facilitate cooperation, shorten the examination period and reduce patent translation costs.
English is the official business language in the AEC, across all industries. However, despite the fact that some of the member countries are former British colonies, and will have less trouble communicating in English, the use of a single language is not so straightforward. For one thing, language is very strongly linked to each country’s cultural identity. When a patent office wants to investigate filing details, it will most likely do so in the local language. And while the entire patent process will be in English, many countries will translate the patent into their local language once the process is completed.
Currently, of AEC member countries, Thailand, Indonesia and Vietnam require local translations of patent specifications. A unified system will ultimately eliminate some of the bureaucracy and inefficiency in the current system, and reduce translation services costs, but there will continue to be some individual differences. Whether or not English will serve to unify the ASEAN countries IP process is yet to be seen; however it is a step in the direction of standardization.
As participation in the global economy continues by these emerging markets, the need for a unified IP system, in regulation and language standards, is undeniable, with the pharmaceutical market being only one example where this becomes a reality for the ASEAN countries.
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