With intellectual property playing an ever-increasing role in economic development, the need to harness, promote, and protect ASEAN innovation has become more urgent as integration progresses. Among its objectives, the AEC aims to transform the region into a hub of innovation and competitiveness and ensure that the region remains an active participant in the international IP community. With ASEAN member states gearing up toward increased IP generation and with further commitments to global IP regimes, the region may soon look to sophisticated IP ownership and holding structures.

Having entered into force on January 1, 2010, the Association of Southeast Asian Nations (ASEAN)–Australia–New Zealand Free Trade Agreement (AANZFTA) aims to liberalize and facilitate trade in goods, services, and investment between Australia and New Zealand and Southeast Asia. The AANZFTA is quite comprehensive and wide in scope, covering such issues as trade in goods and services, competition, e-commerce, investment, and intellectual property (IP).

As AEC integration moves closer, the EU and ASEAN are becoming increasingly similar. What follows are some of the key points regarding integration and IP as experienced in the EU, and the lessons they provide for governments and IP owners in ASEAN.

While it is expected that the AEC harmonization will significantly boost the region’s economy and attract greater foreign investment, the harmonization will also undoubtedly present a host of challenges for the ASEAN nations to address. Among the key challenges posed by integration, ASEAN member states will need to implement an effective system for the protection and enforcement of intellectual property within the AEC.

In 2010, more than 50 percent of surveyed businesses in Vietnam used electronic means, such as e-mail or websites, to carry out their trading activities. Over the past six years, Vietnam has developed a legal framework that aims to facilitate online transactions, provide confidence in their legal validity, and at the same time protect the interest of consumers. Behind this development was the commitment made by Vietnam and other ASEAN member countries to implement a harmonized legal infrastructure for e-commerce in the ASEAN Economic Community by 2015.

Italian-Thai Development Plc, a major Thai construction company, has been making headlines in the region due to its major investment in building the Dawei Deep-Sea Port and Infrastructure Project in Myanmar. Located roughly 300 kilometers from the Thai border, this USD 8.6 billion project will open the gate for import and export of goods from countries to the east of Thailand, like Cambodia, and those to the north, like Laos and China, through Thailand to Myanmar via Kanchanaburi province.

This article first appeared on WTR Daily, part of World Trademark Review, in December 2011. For further information, please visit www.worldtrademarkreview.com.

The ASEAN Framework Agreement on Services (AFAS) was signed in 1995, and among its goals was “to liberalize trade in services by expanding the scope and depth of liberalization beyond those undertaken by Member States under the GATS with the aim to realize a free trade area in services” (Article 1(c)). As a general matter, AFAS adopts the same four modes of supply as used in GATS, including (1) cross-border supply, (2) consumption abroad, (3) commercial presence, and (4) presence of natural persons.