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ASEAN Economic Community Blueprint, 2025

ASEAN Economic Community Blueprint (AEC 2025) was adopted at the 27th ASEAN Summit on 22 November 2015 in Kula Lumpur, Malaysia by the ASEAN leaders. AEC 2025 gives broad orientations for the development of ASEAN from 2016 to 2025. The AEC Blueprint 2025 is aimed toward obtaining the vision of having an AEC 2025 that is highly integrated and cohesive competitive, innovative and dynamic, integrated with the global economy. AEC 2025 comprises 5 parts which are interrelated and mutually reinforcing, respectively: (Section A) A highly Integrated and Cohesive Economy; (Section B) A Competitive, Innovative, and Dynamic ASEAN; (Section C) Enhanced Connectivity and Sectoral Cooperation; (Section D) A Resilient, Inclusive, People-Oriented, and People-Centred ASEAN; and (Section E) A Global ASEAN.

Issues on Intellectual Property Rights (IP) are defined in section B.3 which is named: “Strengthening intellectual property rights cooperation”. ASEAN recognizes the important role of IP in contributing to the achievement of national and regional socio – economic development goals. The priority task is protecting IP to facilitate and stimulate innovation and creativity in ASEAN.

For the full text of document, please click here:

AEC Blueprint
2025

ASEAN – Australia – New Zealand Free Trade Agreement (IP provisions)

Agreement establishing the ASEAN-Australia-Newzealand Free Trade Area (AANZFTA) started negotiating in 2005 and came in force for all countries in 2012. The AANZFTA is the first comprehensive FTA signed by ASEAN. Issues on Intellectual property right are defined in Chapter 13 including 12 articles. This chapter regulates intellectual property rights composed of copyright and related rights; rights in trademarks, geographical indications, industrial designs, patents, and layout-designs (topographies) of integrated circuits; rights in plant varieties; and rights in undisclosed information; as referred to in the TRIPS Agreement. Moreover, this chapter defines basic regulations National Treatment, transparency etc. All the rights and obligations are affirmed bye parties under the TRIPS Agreement.

For the full text of this Chapter, please click here:

ASEAN Framework Agreement on Intellectual Property Cooperation

ASEAN Framework Agreement on Intellectual Property Cooperation was adopted on December 15, 1995 at Bangkok but not yet in force. Subject matter in this Agreement is Alternative Dispute Resolution (ADR), Copyright and related rights (Neighboring rights), Enforcement of IP and related laws, Geographical indication, Industrial designs, Layout designs of Integrated circuits, Patent (inventions), Trademarks, Undisclosed information (Trade secrets). The Agreement emphasizes the important of Intellectual property rights in the conduct of trade and the flow of investment among the Member States of ASEAN. Furthermore, the Agreement promotes closer cooperation and understanding among the countries in the region.

For the full text of the ASEAN Framework Agreement on Intellectual Property Cooperation, please click here.

International Convention for the Protection of New Varieties of Plants (UPOV)

International Convention for the Protection of New Varieties of Plants (UPOV) was adopted on December 2, 1961 including 37 articles  and came into force on August 10, 1968.

The purpose of this Convention is to ensure that the members of Union acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basic of a set of clearly defined principles.

The object of this Convention is protection of new varieties of plant by an intellectual property right. The UPOV Convention provides a form of intellectual property protection which has been specifically adapted for the process of plant breeding and has been developed with the aim of encouraging breeders to develop new varieties of plants.

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http://www.wipo.int/edocs/lexdocs/treaties/en/upov/trt_upov_3.pdf

WIPO Performances and Phonograms Treaty (WPPT)

WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996 including 5 chapters and 33 articles. The treaty emphasizes the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to information. The WPPT deals with the rights of two kinds of beneficiaries. The first one is performers (such as actors, singers…); and the second one producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds). The Treaty grants performers and producers economic rights in their phonograms. WPPT entered into force in 2002.

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http://www.wipo.int/edocs/lexdocs/treaties/en/wppt/trt_wppt_001en.pdf

WIPO Copyright Treaty (WCT)

WIPO Copyright Treaty (WCT) was adopted in Geneva on December 20, 1996 consisting 25 articles. The aim of WCT is to develop and maintain the protection of  the rights of authors in their literacy and artistic works in a manner as effective and uniform as possible. The WCT is a special agreement under the Bern Convention regulating issue on protecting of works and the right of their authors in the digital environment. The relation between Bern Convention (1886) and Paris Convention (1971) is that any contracting party bound or not not bound by the Bern Convention must adhere to the substantive provisions of the 1971 (Paris) Act of the Bern Convention (1886).

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http://www.wipo.int/edocs/lexdocs/treaties/en/wct/trt_wct_001en.pdf

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations was passed on October 26, 1961 at Rome. The Rome Convention includes 34 articles secures protection in performances for performer in phonograms for producers of phonograms and in broadcasts for broadcasting organizations. This Convention was built to respond to new technologies like tape recorders which is existing as a new circumstance of representing ideas.  The limitations of Rome Convention is private use, use of short excerpts for reporting events, for teaching purposes or scientific research. This Convention is open to States party to the Berne Convention for the Protection of Literary and Artistic Works (1886) or to the Universal Copyright Convention.

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http://www.wipo.int/edocs/lexdocs/treaties/en/rome/trt_rome_001en.pdf

Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, 1974

Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite was passed on May 21, 1974 at Brussels. Brussels comprises 12 articles providing for the obligation of each Contracting State to take adequate measures to prevent the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite.

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http://www.wipo.int/edocs/lexdocs/treaties/en/brussels/trt_brussels_001en.pdf

 

Berne Convention for the Protection of Literary and Artistic Works, 1886

Bern Convention for the Protection of Literacy and Artistic Works was adopted on September 9, 1886 and came into force in December, 1887. The Bern Convention is composed of 38 articles regulating issues on protecting of literary and artistic works and an appendix. This Convention deal with the protection of works and the rights of their authors. Bern Convention spends concession for developing countries that want to make use of it throughout the appendix “ Special provisions regarding developing countries” which consists of 6 articles.

Click here to read the Convention:

http://www.wipo.int/treaties/en/text.jsp?file_id=283698

 

Geneva Act of Hague Agreement Concerning the International Registration of Industrial Designs, 1999

Hague Agreement Concerning the International Registration of Industrial Designs was adopted in July 2, 1999. The object relate to this Agreement is Industrial designs. Hague Agreement established an international system that is a crucial foundation to protect industrial designs in multiple countries with minial fomarlities. The provisions of this Act regulates procedure of registering industrial designs and other provisions in final chapter relate to become party to this Act or make ratification and accession, declaration of contracting parties, denunciation, language. Hague Agreement was divided into 4 chapters and 34 articles.

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Trademark Law Treaty (TLT)

Trademark Law treaty was passed on October 27, 1994 consisting of 25 articles. The goal of this Treaty is to standardize and streamline national and regional trademark registration procedures by simplifying of certain features of those procedures. That reason why trademark applications and administration of trademark registrations in multiple jurisdictions become less complex and more predictable. The Treaty is open to States members of WIPO and to certain intergovernmental organizations.

Click here to read the Treaty:

http://www.wipo.int/treaties/en/text.jsp?file_id=294357

 

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989)

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks was adopted at Madrid on June 27, 1989. This is comprised of 16 articles. The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties.

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Madrid Agreement Concerning the International Registration of Marks (1891)

Madrid Agreement Concerning the International Registration of Marks was established in 1891 for the purpose of providing a mechanism that helps for international trademark registration to eliminate the need for filing, prosecuting or maintaining separate registrations in multiple countries. Registration of a mark under the Agreement provides for the legal equivalent of registration in member countries designated by the mark owner. The Agreement also provides for a simplified renewal system since registration to renew and chances to the original registration affecting all the countries included in the registration can be made through a single filing with WIPO. This Agreement includes 18 articles.

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Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was passed on Budapest on April 28, 1977, and amended on September 26, 1980. Budapest Treaty includes 4 parts and 20 articles relating to patent procedure. The main feature of the Treaty is that a contracting State which allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize, for such purposes, the deposit of a microorganisms with any “international depositary authority”, irrespective of whether such authority is on or outside the territory of the said State. The Treaty increases the security of the depositor because it establishes a uniform system of deposit, recognition and furnishing of samples of microorganisms.

Click here to read the Treaty:

http://www.wipo.int/treaties/en/text.jsp?file_id=283784

Patent Cooperation treaty (PCT)

Patent Cooperation Treaty was passed on at Washington on June 19, 1970 and modified on February 3, 1984, and on October 3, 2001. PCT comprises 8 chapters and 69 articles and came in force on April 1, 2002. The Patent Cooperation Treaty assists applicants in finding protection internationally for their inventions, helps patents office with their patent granting decisions, and facilitates public access to the wealth of technical information relating to those inventions. By filing one international patent application under PCT, applicants can seek protection for an invention in many countries throughout the world.

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