In collaboration with the World Intellectual Property Organization (WIPO), ASEAN officially launched the ASEAN Intellectual Property Register on August 20, 2023. This new online platform is a centralized information portal incorporating up-to-date IP-related data from the 10 ASEAN member states. This service is accessible via the website of the ASEAN IP Portal, which already offers other helpful services like the ASEAN GI Database and the ASEAN IP Case Law.  

Among the key features of this IP register is a unique and centralized portal to access complete sets of ASEAN IP data to its users, which will be able to run IP rights searches, notably for patents, designs and trademarks. Because the ASEAN IP Register is one of the numerous WIPO’s technical projects, it is believed that the process should be smooth and convenient. 

“Currently running patent, design and trademark searches among ASEAN member states can be difficult because of the various stages of development of their digitalization,” said Benoît Tardy, an IP business advisor at the South-East Asia IP SME Helpdesk, a European Commission initiative that provides free, confidential and business-focused advice relating to IP rights in SEA to small and medium enterprises in the EU and other countries of the Single Market Programme, including EU member states plus Norway, Iceland, Liechtenstein, Turkey, Ukraine and North Macedonia. 

He continued: “While some may have an updated system fully available for everyone in English (like Singapore) or facilitated via WIPO services (like the Philippines and Brunei), some countries still require technical support to have regularly updated registries available in English (like in Laos or Myanmar). It may also be difficult to have a clear picture from a regional perspective, which is a bottleneck for IP owners who intend to protect themselves in several ASEAN member states at the same time.” 

According to Tardy, accurate IP data – meaning regularly updated data – is key for IP owners to take IP-informed decisions with the help of IP practitioners. Having a centralized portal should also reduce the time and efforts spent conducting searches. However, he emphasized that IP experts must be the one to perform IP rights searches, as you need to be able to analyze the data from the results. With the updated and accurate IP data, he said there will be an increased security for IP owners before filing IP rights applications as the results of a search would help to foresee potential obstacles to a smooth IP rights registration (detection of prior rights and avoid any infringement).  

“This may also help to encourage ASEAN member states to update their databases more regularly, increase data exchange between IP offices and provide full access to their online services in English. Overall, this might help to accelerate the digitalization of IP offices, notably for the online filing of IPR,” said Tardy. “According to WIPO statistics, ASEAN IP applications surged between 2012 and 2022, with patent and industrial design applications soaring by 70 and 80 percent, respectively, while the number of trademark applications reached a 110 percent growth. These statistics are even more impressive when you know that the data took into account the Covid-19 period. This positive trend seems to be confirmed by more recent statistics (the WIPO Global Innovation Index 2023 should be released on September 27, 2023), highlighting once again the importance of protecting intangible assets in ASEAN member states.” 

Tardy added: “Streamlining patent, trademark and design searches should enhance efficiency and accessibility for IP owners already active within the region but should also encourage Foreign Direct Investment in ASEAN Member States. This collaboration between ASEAN and the WIPO aims at establishing an ‘Intellectual Property Hub of Excellence.’ Maybe this will pave the way for the development of a future regional patent or trademark system?”

- Excel V. Dyquiangco