IP KEY SOUTH EAST ASIA ANNUAL WORK PLAN FOR 2018

ANNUAL WORK PLAN FOR 2018

IP KEY SOUTH EAST ASIA ANNUAL WORK PLAN FOR 2018 IP Key South East Asia is an EU Project designed to support the Free Trade Agreement (FTA) talks and Intellectual Property Dialogues of the European Union with its South East Asia (SEA) trading partners, by helping countries address specific emerging challenges in the area of IP that also affect EU businesses and stakeholders, and which stem from policy agendas and priorities made by the SEA countries themselves. It is directed by the European Commission and implemented by the European Union Intellectual Property Office (EUIPO). In this context, IP Key SEA acts at the bilateral level to provide technical expertise to SEA countries in developing IPR rules and regulations that are at par with international standards and global best practices, establishing systems to facilitate high quality and expeditious processing for the registration of IP rights and their effective enforcement, and provides support for accession to international agreements that are included in EU FTA chapters. The Project is focused on seven (7) concrete results, as follows: (1) FTA negotiations supported effectively; (2) IP dialogues supported effectively; (3) FTA implementation supported effectively, (4) Enhanced capacity of IP authorities; (5) Registration practices and tools modernized; (6) Awareness raised on IP protection and enforcement; and (7) Information management system and document repository is established. In furtherance of the above results, the IP KEY SEA will implement 25 activities during the initial implementation period of 11 months, from February 1, 2018 to December 31, 2018, as outlined in the first Annual Work Plan (AWP1). The activities contained in the AWP1 were identified through a comprehensive consultation process with European and South East Asia IP stakeholders, various departments and agencies of the European Commission, and the respective government agencies and IP Offices of the South East Asia countries.

CROSS-IP 9 TECHNICAL EXPERTISE AND ASSISTANCE FOR FREE TRADE AGREEMENT NEGOTIATIONS AND IP DIALOGUES As the IP Key SEA Project is designed to facilitate FTA negotiations and IP Dialogues, the project will provide technical expertise and assistance geared towards strengthening knowledge-based policy making in SEA countries through the conduct of IP studies and other assistance as may be needed. 10 TECHNICAL STUDIES ON IPR REGIMES IN RELATION TO FREE TRADE AGREEMENT NEGOTIATIONS In pursuit of the objectives of the IP Key SEA action to facilitate such FTA negotiations, the project will also undertake studies and activities that will provide information on the respective countries IP-related legislation, as well as its implementation, in order to arrive at meaningful agreements with real positive impact on the IP stakeholders in EU and in the SEA countries. 11 SUPPORT AND ASSISTANCE FOR THE

IMPLEMENTATION OF FREE TRADE AGREEMENTS Following the conclusion of Free Trade Agreements between the EU and SEA countries, IP Key SEA will provide support and assistance for the implementation of the IPR-related commitments undertaken therein. Indicative activities include studies, seminars, and peer-to-peer meetings that would identify the needs of SEA countries and facilitate the implementation of their FTA commitments. 16 SUPPORT FOR SOUTH EAST ASIA IP ACADEMIES For SEA countries in the process of establishing their IP Training Academy, support will be provided through the establishment of linkages between the national IP academy officials and the EUIPO and EPO Academies. Access to the EUIPO Academy s courses relevant to the capacity building needs of the SEA academies will also be provided, including through the translation and adaptation of course documents and materials. 20 UPGRADING THE QUALITY OF IP SERVICES AND PROTECTION IN SOUTH EAST ASIA IN THE 21ST CENTURY The activity will provide a platform for the

high-level discussion and adoption of IPrelated quality standards and quality management techniques. The meeting will also discuss the existing capacity building needs in IPR administration and the prospective platforms for enhanced partnership and cooperation between the SEA IP National Offices and EUIPO under the IP Key SEA framework. 22 TMVIEW AND DESIGNVIEW AND EUIPN TOOLS INTEGRATION Given the successful implementation and integration of some SEA IP offices in the TMView and Designview platforms, the IP Key SEA Project will carry out feasibility studies and technical support through IT experts visits for interested SEA IP offices that are not yet integrated into the system. 23 IT AND LEGAL SUPPORT FOR E-FILING The activity will promote the adoption of efficient and streamlined e-filing processes, which would allow rights holders to have better, faster, and more efficient access to IPR protection. Through the provision of technical support to interested SEA countries, the efficiency of IT administrators and the quality of the services the targeted IP Offices

provide will be enhanced. The implementation of the activity will focus on a peer-to-peer approach, through which a number of IT administrators will be trained on the new module and will be expected to pass their knowledge onto other relevant technicians. 25 SEA IP DIALOGUE PARTNERS COORDINATION MEETING IP Key SEA will continue to establish good channels of coordination with other IP dialogue partners doing developmental and cooperation work in the SEA region, in order to harmonize efforts and maximize synergies with other IP donors and international organizations. TRADEMARKS AND DESIGNS 17 ROVING SEMINAR FOR IP OFFICIALS ON THE REGISTRATION AND ENFORCEMENT OF TRADEMARKS AND INDUSTRIAL DESIGNS The seminars will be organized to facilitate the sharing of experiences, information, and practices on the registration and protection of trademarks and industrial designs in the EU and in SEA countries. During such seminars, national trademark and design experts will be invited to present an updated picture of the

IPR regimes of their respective countries and its related enforcement aspects, with a view to identifying common challenges and sharing information on how to address them. 24 ROVING SEMINAR ON EU TRADE MARKS AND COMMUNITY DESIGNS FOR EU AND SEA LOCAL PATENTS COMPANIES Companies doing business in SEA countries have found the need to enhance their knowledge of the respective national trademarks and designs system, in order to approach the local markets with adequate confidence. IP Key SEA, in partnership with the respective SEA IP National Offices, will organize roving seminars to inform companies operating in the region on these aspects. The series of awareness-raising workshops will also have a segment on the practical aspects of the EUTM and RCD regimes as a way to improve business processes in terms of efficiency and profitability in an IP conducive environment. 8 CONFERENCE ON MODERN PATENT PROTECTION REGIMES A conference on modern patent practices and

protection regimes will be organized to provide a useful platform for IP stakeholders and the public to better understand and exchange views on the evolving patent laws and regulations in SEA countries. The conference will be co-organised with EPO, also in its role as an ISA/IPEA under the Patent Cooperation Treaty, and will further include discussions on the evolving EU patent regime. 19 SUPPORT FOR THE TRAIN THE TRAINERS PROGRAMME ON PATENTS OF THE EUROPEAN PATENT OFFICE (EPO) The activity will promote the Train the Trainers programme launched by the EPO in the SEA region, which aims to enhance the capacities of SEA patent examiners in order to increase their productivity and boost their performance, thereby contributing to the improved quality of patent examination results, shortening turnaround times, and decreasing backlogs. 21 SUPPORT FOR THE DEVELOPMENT OF REGIONAL COMMON GUIDELINES FOR THE EXAMINATION OF PATENTS Common guidelines for patents serve as a useful resource for businesses seeking protection in the SEA countries. To this end,

support to EPO will be provided for the drafting of the regional guidelines for search and examination of patent applications, as well support for the ASEAN Patent Examination Co-operation (ASPEC) program of the SEA countries. COPYRIGHTS AND RELATED RIGHTS 18 TRAINING ON ONLINE INFRINGEMENTS, CYBERCRIME AND COPYRIGHT The training will be organized to further enhance the capacities of SEA IPR enforcement authorities in handling cases involving online infringement/cybercrime and copyrights. EU experts will also present the outcomes of the study involving business models used in online infringements, which was carried out by the EUIPO s Observatory on IPR infringements. The Training will introduce tools and strategies that may be utilized by SEA countries in combating these new age methods of infringement. GEOGRAPHICAL INDICATIONS 1 STUDY ON THE ENHANCED PROTECTION OF GEOGRAPHICAL INDICATIONS (GIS) The IP Key SEA project will provide support

for the initiatives of the SEA countries in enhancing their GI protection systems, including through the conduct of technical studies to provide information and compare best practices. The study will focus on the methods for using GIs as a way to create value for local communities through products that are deeply rooted in tradition, culture, and geography. 4 STUDY VISIT ON GEOGRAPHICAL INDICATIONS IN EUROPE Ensuring that GI products from SEA countries are able to enter international markets, particularly the EU, requires conformity to prevailing international standards. The study visit for SEA officials will serve as a platform for the first-hand sharing of EU practices and experiences in the promotion, protection, and enforcement of GIs, which may serve as a comparative model for the adoption of protection regimes in the participating SEA countries. 12 STUDY ON GEOGRAPHICAL INDICATIONS CONTROL AND ENFORCEMENT In furtherance of the relevant FTA commitments, a study on accountable controls and supervision mechanisms to

guarantee an efficient and reliable GI implementation and enforcement system will be commissioned under the Project. The aim of the study is to provide a strategy to improve the overall reliability of national GI systems in SEA, and ensure a level playing field for market operators in the region. 15 CONFERENCE ON THE IMPORTANCE OF GEOGRAPHICAL INDICATIONS The conference will serve as an important platform and feedback mechanism for the IP stakeholders in SEA to discuss issues and concerns related to the commercialisation of their GI products in the SEA market. The activity will also showcase international best practices and success stories in GI protection and commercialization in other countries, as well as explore legal and policy issues experienced by other countries in relation to the implementation of their own GI protection systems. PLANT VARIETY RIGHTS 5 STUDY VISIT ON PLANT VARIETIES The study visit will be organized to allow officials from the SEA countries to obtain firsthand practical information regarding the

experiences of the other SEA countries having more developed plant variety protection regimes, particularly regarding incentivizing breeders to invest in the research and development of new plant varieties and the creation of new varieties that support a balance between environmental, social and economic sustainability. 6 CONFERENCE ON THE INTERNATIONAL UNION FOR PLANT VARIETY PROTECTION The study visit will be followed by a conference that will showcase how the UPOV Convention has been implemented in other countries and how it has contributed to further innovation and investment in plant breeding, resulting in the development of better varieties of plants, increased income for farmers, rural employment, and overall economic development. ENFORCEMENT 2 ROUNDTABLE FOR THE JUDICIARY AND EXCHANGE OF BEST PRACTICES FOR MEDIATORS The activity will highlight the important role of judicial enforcement in SEA countries and support the building of a stronger IP judicial enforcement knowledge community in the

region. The Roundtable will aim to further enhance judicial capacities for the efficient, effective, and expeditious disposition of IP cases, while the Exchange of Best Practices will focus on expanding the availability of alternatives for IPR holders in securing an expeditious and satisfactory resolution of their IPR disputes. 3 EXCHANGE OF BEST PRACTICES FOR IPR ENFORCEMENT OFFICIALS The activity will enable IPR enforcement authorities, such as police, prosecutors, and customs officials, to access a set of comprehensive IPR training modules relating to IPR infringement and modern law enforcement strategies, in order to further intensify the level of engagement of local law enforcement authorities in SEA. 7 ROUNDTABLE FOR SOUTH EAST ASIA JUDGES Judges from the SEA countries will be invited to a roundtable discussion to discuss the important role of the judiciary in increasing legal certainty for all IPR stakeholders, as they are critical actors in ensuring access to legal remedies through faster, more efficient, and more consistent decisions. To address the dynamic development of technologies in

the SEA countries, the roundtable will also support the expansion of the knowledge of judges on online IP enforcement and new technologies. 13 STUDY ON ILLICIT TRADE AND IPR PROTECTION IN THE DIGITAL WORLD The study will identify issues relating to illicit trade existing on the main digital platforms frequently used by consumers within the SEA region, including issues related to e- commerce and the preservation of relevant evidence. It will likewise highlight best practices based on the experiences of right holders, in order to provide SEA officials with insights and information on possible elements to consider in enhancing trademark or copyright protection regimes to effectively address such issues. 14 ILLICIT TRADE ENVIRONMENT INDEX REPORT The study will be carried out to examine the state of play of IPR protection in the SEA countries and the challenges faced by IP rights holders in relation to illicit trade. It will aim to provide recommendations to promote access by rights holders to administrative remedies related to border control measures, so that they may more effectively protect their

IP assets.