East Timor

East Timor, officially known as Timor-Leste, is the newest member of the ASEAN community, having joined during the 47th ASEAN Summit in Kuala Lumpur in October, 2025. East Timor is a young and developing nation that is gradually building its legal and institutional framework for intellectual property (IP) protection. As of now, the country lacks a fully operational IP registration system for patents, trademarks, copyrights and industrial designs. However, the government has shown commitment to establishing a formal IP regime, and several strategies are currently employed to safeguard IP rights in the interim.

Current legal framework

East Timor is a member of the World Intellectual Property Organization (WIPO) and has expressed its intent to align with international IP standards. Despite this, the country does not yet have a dedicated national IP office or comprehensive IP legislation. Instead, IP protection is primarily governed by general civil and criminal laws, which are often inadequate for addressing complex IP issues, with the exception of copyright, which is covered by the 2022 Code of Copyright and Related Rights. 

The absence of other formal IP laws means that rights holders must rely on alternative mechanisms to assert and protect their intellectual property. The most widely used method is the publication of cautionary notices.

Cautionary notices: The primary protection strategy

A cautionary notice is a public declaration of ownership over an IP asset – such as a trademark, patent, or design – published in widely circulated local newspapers. This strategy is not unique to East Timor but is commonly used in jurisdictions with underdeveloped IP systems.

Key Features of Cautionary Notices:

• Trademark notices: Include the logo or word mark, owner’s details, description of goods/services, and a statement of exclusive rights.
• Patent notices: Include an abstract of the invention and the inventor’s details.
• Design notices: Include a visual representation of the design and its intended use.

These notices serve multiple purposes:

• Public awareness: Inform the public and potential infringers of the existence and ownership of the IP.
• Deterrence: Act as a legal warning against unauthorized use.
• Priority claim: May be used to establish precedence once formal registration systems are introduced.

It is recommended that cautionary notices be republished every two years to maintain visibility and reinforce the claim.

Sector-specific IP protection

IP protection is particularly relevant in sectors where innovation and branding are critical:

• Agriculture: Technologies for crop improvement and sustainable farming.
• Renewable energy: Innovations in solar, wind, and biomass energy.
• Tourism and hospitality: Branding of services and unique travel experiences.
• Creative industries: Music, literature, and visual arts.

In these sectors, cautionary notices can help creators and businesses assert their rights and build brand recognition.

Copyright protection

In 2022, the parliament of East Timor approved the country's first Code of Copyright and Related Rights, intended to protect the creation, production and commercialization of literary, scientific and artistic works and their respective authors.

The code established formal copyright protection and provides remedies such as fines and prison for various crimes associated with copyright infringement, including counterfeiting, usurpation, violation of moral rights, or exploitation of counterfeit or usurped work.

Enforcement challenges

Enforcement of IP rights in East Timor is currently limited. The country relies on general civil and criminal laws, many of which are inherited from Indonesian legislation or transitional regulations under the United Nations Transitional Administration in East Timor (UNTAET). These laws are not tailored to IP issues and often fail to provide effective remedies for infringement.

Common enforcement issues:

• Lack of specialized courts: No dedicated IP courts or judges trained in IP law.
• Limited legal precedents: Few cases have been litigated, leading to uncertainty in outcomes.
• Weak penalties: Existing laws may not impose sufficient penalties to deter infringement.
• Low public awareness: Many businesses and consumers are unaware of IP rights and their importance.

Despite these challenges, legal professionals in East Timor recommend using cautionary notices as a basis for legal action in cases of infringement. While not equivalent to formal registration, these notices can serve as evidence of prior use and ownership.

Recommendations for IP owners

Until a formal IP system is in place, stakeholders should adopt the following strategies:

1. Publish cautionary notices: This remains the most effective method for asserting IP rights.
2. Monitor legal developments: Stay informed about legislative changes and be ready to register IP assets once the law is enacted.
3. Engage legal counsel: Work with local or regional IP attorneys to ensure compliance and prepare for future registration.
4. Document IP assets: Maintain clear records of creation, use, and ownership.
5. Consider international protection: For businesses operating beyond East Timor, register IP in neighbouring countries with established systems.

East Timor is in a transitional phase regarding intellectual property protection. While the country currently lacks a formal IP registration and enforcement system, cautionary notices provide a practical interim solution. These notices help establish ownership, deter infringement, and position rights holders for future legal recognition.

Future developments

The East Timor Parliament has reviewed drafts of a comprehensive intellectual property law, which is expected to establish:

• A National IP Office under the Ministry of Justice or a dedicated agency.
• Procedures for registration of trademarks, patents, copyrights and industrial designs.
• Enforcement mechanisms including opposition, cancellation and litigation.
• Alignment with international treaties such as the Paris Convention and Berne Convention.

Once enacted, the law is expected to prioritize IP assets that have already been claimed through cautionary notices. This makes early publication of such notices a strategic move for businesses and creators.