IPR Protection in Asia: Past, Present, Future

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Summary

The protection of intellectual property rights (IPR) has become one of the most contentious issues in international trade and investment. The incentives of developing countries however conflict with those of developed countries. As one scholar noted: "A country would have little or no interest in protecting IPRs in products of which it is solely an imitator and intends to remain so – here the national interest is above all consumer welfare – sourcing the products as cheaply as possible."

Critics however believe that history shows that countries have stronger incentives to protect IPR once they have industries to protect. In other words, the best protection of IPR is offered by economic growth and the emergence of domestic industries resulting from such growth.

Since Asia has now become an established target for Western companies looking to commercialize their products, knowledge of the intellectual property laws of the leading Asian economies and the manner in which they are administered is crucial.

Even though most Asian countries have amended their laws to comply with international standards such as the TRIPS Agreement, the protection of intellectual property rights in the Asia Pacific region is still a major cause for concern.

An important weakness in enforcement, for example, is bureaucratic delay with a backlog of cases at both the civil and criminal courts. In some countries, cases can run for six years or more. Another problem is lack of education. Without adequate training with regard to intellectual property rights, there is little awareness that infringement is a crime.

Asianius' comprehensive study "IPR Protection in Asia: Past, Present, Future" addresses key issues relating to intellectual property regulations and enforcement in China, Hong Kong, Japan, Korea, India, Singapore, Malaysia and Thailand.

This major study will help you determine where, when, and how to establish and exercise rights to intellectual property in eight of the most important Asian economies. The study includes practical case studies and separate sections on Pharmaceuticals IP Protection, Consumer Goods IP Protection, and Telecommunications IP Protection.

Main topics

Review of latest legislation and legislative proposals
Analysis of important case-law
Understanding the real IP protection challenges
Assessing IP due diligence requirements in structuring licensing deals

Contents

Executive Summary
Methodology

CHINA

Introduction
The Background of IPR Protection in China
IPR Laws

Copyright
Trademarks
Patents
Other IPR Laws