Nurul Barizah (2017) The Development of Asean's Intellectual Property Rughts Law; From Trip Compliance to Harmonization. Indonesia Law Review, 7 (1). pp. 95-111. ISSN 2088-8430

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Abstract

Intellectual Property Rights (IPR) is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism. In the ASEAN region, due to the significant role of IPR protection, Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP) Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs) Agreement of the World Trade Organization (WTO). This paper discusses the current development of this Framework in the light of harmonizing Intellectual Property (IP) laws in the region, covering the objectives, the basic principles, and some substantial provisions. Furthermore, it examines whether the fast pace of IP laws development in ASEAN has been mainly driven by the ASEAN Framework Agreement or the time frame for such countries to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA) with their trading partners pays specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and the current development thereof, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. While the Working Groups succeeded in developing draft on regional filing forms for IP registration, particularly in Trademark, the progress of harmonization has been very slow.

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