ASEAN Intellectual Property Rights Action Plan
2011-2015
1.0 Introduction
Intellectual property (IP) is an asset that a person can own, sell, license, or even give
away at pleasure. Unlike other assets however, IP is mostly intangible and its distinct types,
namely—patents, designs, trademarks, and copyrights—are assets that are borne from
people’s creativity and innovation, and the specific geographical locations concerned.
However, the lack of physical parameters by which most of these assets can be defined or
identified does not preclude the recognition of their innate value and the need to protect
them from theft or unauthorized use, just like tangible assets. This is the primary reason for
the establishment of IP Offices throughout the world. Protection of intellectual property rights
(IPRs) stimulates further creativity and innovation, which in turn spur progress in industries
and ultimately leads to national development.
IPRs have gained prominence as an important issue in the international arena,
whether in discussions on public health, education, trade, industrial policy, traditional
knowledge, biodiversity, biotechnology, the internet, the cultural industries, or climate
change. With the increased recognition of IPRs as a powerful tool for development and for
developing states, the need to harness, protect, and promote the creativity of ASEAN
nationals to secure the future of the region and promote economic integration has become
more urgent. At the same time, ASEAN also recognizes that to encourage foreign direct
investments in the region, it needs to ensure the protection and enforcement of IPRs of
trading partners.
Developed countries are concerned that the protection and enforcement levels
provided by existing multilateral treaties are insufficient to protect their growing IP interests.
Meanwhile, developing and less-developed countries struggle with the challenges of fastgrowing
protections that tend to restrict access to essential medicines, knowledge,
information and communication technologies, and other key development resources.
Given the rapid expansion of international norms and cross-cutting concerns in IP,
ASEAN needs to craft an approach that takes into account the diverse needs and varying
levels of capacity of its Members States, in the context of broader societal interests and
especially development-oriented concerns to contribute to the promotion of knowledge
creation, technological innovation and transfer, business generation in a manner conducive
to the welfare of the region, among others. ASEAN needs to keep track of international
developments in IP and determine what best practices can be adopted at the regional level.
Over the past several years, ASEAN has been working towards the development of
the IP system in the region through the ASEAN Working Group on Intellectual Property
Cooperation (AWGIPC). The AWGIPC was established in 1996 pursuant to the ASEAN
Framework Agreement on Intellectual Property Cooperation, which was signed by ASEAN
Member States (AMSs) in Bangkok, Thailand, in 1995. The AWGIPC is mandated to
develop, coordinate, and implement all IP-related regional programmes and activities in
ASEAN.
Since 2004, the work of the AWGIPC was based on the ASEAN IPR Action Plan,
2004-2010, and the Work Plan for ASEAN Cooperation on Copyrights. The IPR Action Plan
was formulated “(1) to help accelerate the pace and scope of IP asset creation,
ASEAN IPR Action Plan, 2011-2015
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commercialization and protection; to improve the regional framework of policies and
institutions relating to IP and IPRs, including the development and harmonization of enabling
IPR registration systems; to promote IP cooperation and dialogues within the region as well
with the region’s Dialogue Partners and organizations; to strengthen IP-related human and
institutional capabilities in the region, including fostering greater public awareness of issues
and implications, relating to IP and IPRs”.
With the acceleration of ASEAN economic integration from 2020 to 2015, the
AWGIPC prepared a new Work Plan as part of the Blueprint of the ASEAN Economic
Community (AEC) to reflect the new objective of ASEAN.
This document builds on the IPR Action Plan, 2004-2010, the Work Plan on
Copyrights, and the Work Plan under the AEC Blueprint in order to develop an ASEAN IP
System that takes into account the different levels of capacity of the Member States,
balances access to IP and protection of IPRs, and responds to the current needs and
anticipates future demands of the global IP system.
The ASEAN IPR Action Plan 2011-2015 is designed to meet the goals of the AEC by
transforming ASEAN into an innovative and competitive region through the use of IP for their
nationals and ensuring that the region remains an active player in the international IP
community.