From the islands of Indonesia, the IP Komodo prowls South East Asia and beyond looking for succulent morsels of intellectual property news with the aim of to raising awareness of South East Asia's IP issues to help people understand this diverse region's IP complexities.
News about Indonesia’s cyberblocking system may interest IP holders.
The government launched a web crawling system developed by telecoms
company Telkom (which is part state owned and part public) to identify illegal digital content. It started operations in January, with 44
servers crawling the web for undesirable content on the web and other internet platforms. Alerts are created
and inappropriate material is blocked. So far the main focus has been pornography.
The Ministry of Communication and Information oversees the project and they
blocked 72,407 pornographic sites in January. Other areas they look at are illegal gambling and
incitement to crimes (especially terrorism related).
The same ministry is also able toremove content based on complaints from the public
(e.g. social media problems), or rights holders for infringing products.
Fake news and online hoaxing is also a problem. This week
the Police Directorate of Cyber Crimes arrested a teacher for using Facebook to
spread fake news story that the Indonesian Communist Party (a banned old bogeyman
of Indonesia’s political past) was coming to slaughter Muslims.
There may be ongoing concerns about censorship and too much control
by the government, but rights holders willbe encouraged that the country’s online activities are improving and in
some ways better than offline enforcement.
With Myanmar's IP laws promised for many years, but still
not enacted, the slow pace of government in contrast to business is being
exposed. The IP law drafts are still with the Parliament. The Law Drafting
Committee passed the Draft IP Laws to the Parliament on January 17, 2018 for a
final debate.The hope is now that the laws will be enacted
in the coming few months. They will still need a period before coming into force, then
there is the preparation of the relevant subordinaterules and regulations. But at least 2018 now appears to be the year they will be enacted. In another twist the primary Ministry will be changed from
Ministry of Education (formerly known as the Ministry of Science and Technology) to the Ministry of Commence and as a result, right now, Ministry of
Commerce is preparing the new IP infrastructure including transferring staff
from the MOE.
The launch of the Fashion Designers Entrepreneur Association
in February was a reason for that industry to criticise the lack of IP
progress. Mogok Pauk Pauk, vice-chair of the association complained to the
media "people are copying our designs and ....destroying our trade because
they have money and we don’t have copyright,” she said. This will be an important year for Myanmar and IP development.
A new set of regulations relating to trademark office matters in Cambodia took effect in early 2018.
Trademark office fees for 2018 are rising. Most
are inflation level rises in the single digits. However there are several more
significant changes. One is that fees for international Madrid registrations have
been set for the first time. Cambodia which joined in 2015 has now completed
implementation and so can operate as an as office of origin for a Madrid
international application. The first Madrid application filed has been filed by a Cambodian national, but has not yet been published.
Filing fees have been set for the first time for collective marks, certification marks and GIs. Cambodia has just registered its first certification mark MALYS ANGKOR for premium rice. Of the regular trademark office fees the opposition fees see
the largest increases. There are also rules relating to timeframes - applications are due to complete within 6-9 months, an improvement on the current 1 year.
Singapore becomes the latest country to examine the issue of
plain cigarette packaging. Singapore’s Ministry of Health (MH) has launched a public
consultation on whether to adopt standardized packaging of tobacco products
with larger and more graphic public health warnings. This follows a previous
study and sets out 3 concrete proposals -
(a) regulating the promotional
aspects of tobacco packaging;
(b) standardizing tobacco packaging elements; and
(c) increasing the size of graphic health warnings on packs from 50% to 75%.
Like many Health Ministries elsewhere in the world they approach this from a pure public health perspective, with a clear bias against tobacco companies and aiming for a tobacco free society. The consultation asserts that product packaging is a form of misleading advertising so must be restricted and that there is a clear global move to standardized packaging.Much of the proposal reviews the international developments and their applicability to Singapore. They consider opposing arguments such as that plain packaging increases counterfeiting and that it diminishes IP protection but reject them all.
It seems overall a determined effort to move quickly, perhaps to become the first in the SE Asia region to make this law.
is getting excited by the Blockchain’s application to IP. Copytrack is a Singapore
basedbusiness that hopes to revolutionise
image based copyright licensing, by creating a secure blockchain based log of rights based information
for a photograph. Even more, your camera’s metadata can be automatically integrated into the system. Then licensing and royalties can be claimed through an online
enforcement mechanism. They hope to
expand into other content like music and text.
is a hotspot of blockchain development. The Vietstock Blockchain Summit was held last week. Bitcoin
is part of the story, but Vietnamese companies are also working on copyright
verification systems on the blockchain, such as Copyrobo which has operated a web- and app-based service which can provide timestamped evidence of
documents, video and music for over a year with its CopyrightKey technology.
general consensus is that the next wave of tech giants could come from a coffee
shop in South East Asia as much as Silicon Valley. Last week. Google announced
an investment in Indonesia’s Go-Jek, alongside Tencent, JD, Sequoia and other
VC giants. What is interesting for the
IP industry is the rush of SE Asian companies looking to develop blockchain based IP tools.
The fourth amendment to the IP laws of Vietnam came into force on 15th January this week. To do this Circular No. 16/2016 was issued in June 2016 by the Ministry of Science and Technology (MOST) amending Circular No. 01/2007. This is the typical way that laws are amended in Vietnam by amendments to amendments.
Most of the changes relate to IP registration procedures at the National Office of Intellectual Property (NOIP). They inclide in relation to office actions, appeals, refusals, deadline compliance, PCT national phase entry, trademark disclaimers, Madrid based trademark procedures, definition of and specification for industrial designs.
The new definition for designs is "A product being understood as an object, device, equipment, means, or part thereof for assembly or integration into a product, manufactured by any industrial or handicraft method, having a clear structure and function, circulated independently."
Indonesia expects to be ready
to be designated as a Madrid country as well as as accepting filings as a
country of origin in January 2018. Further Implementing Regulations are
expected in late December. The IP office has established a Madrid Unit
Team of 20 officials which has been receiving training on Madrid. Indonesia will be adopting an
18-month deadline to examine the application and to notify the IB of any
provisional refusal. Oppositions raised by third parties may be notified even
after the 18-month time limit. Substantive examination will be processed according
to the new Trademark law, so the same treatment as national applications. At the moment the TMO is
examining applications filed in October 2016 (a 13 month backlog). They say
they expect to start examining applications filed under the new law in the next
2-3 months. The new Trademarks law came into effect in November 2016. That
means Madrid and national applications should all be examined within the 18
period which will be a significant improvement on previous years.