You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

October 2, 2018

Asia IP Quotes Alec Wheatley on Current Standing of the RCEP

Subscribe to Updates
Asia IP

Asia IP’s August 2018 edition takes an in-depth look at the Regional Comprehensive Economic Partnership (RCEP), focusing on where it stands now and its projected trajectory. The feature article, “Mission: Impossible – The RCEP Ghost Protocol,” includes extensive insights from Alec Wheatley, a consultant in the Tilleke & Gibbins intellectual property team in Bangkok.

In discussing the expansive scope of the RCEP—which includes the ten member countries of ASEAN and six of their major trading partners (Australia, China, India, New Zealand, and South Korea)—Alec is quoted as saying “The economies of [China and India] are projected to grow considerably over the coming decades, meaning that any Free Trade Area that includes them is likely to have a strong effect on global trade.” Drawing from this perspective, if the RCEP comes into effect, it would appear to be poised to have a major influence on international trade.

However, there may be limits to the RCEP’s potential. “The closed-door nature of the RCEP negotiations means that what is known about the IP provisions of the RCEP is limited to leaked text, and so while there are several important distinctions that may be drawn between the RCEP and the Trans-Pacific Partnership (TPP), any analysis may be subject to change once the agreement is finalized,” Alec said.

The article also cites Alec’s comments on some major differences between the RCEP and the TPP, specifically noting the following:

  • Copyright Term. The RCEP maintains the Berne Convention minimum requirement to protect copyright for the life of the author plus 50 years, while the TPP pushes to extend the term to the life of the author plus 70 years.
  • Internet Service Provider (ISP) Liability. The RCEP has similar ISP liability provisions to the TPP but is much simpler and more flexible in regard to implementation.
  • Digital Rights Management. The RCEP differs from the TPP in that it does not prevent circumvention of Digital Rights Management if permitted by a member country’s laws.
  • Broadcasters’ Rights. The RCEP provides potential new avenues for broadcasters to prevent retransmission of their content.
  • Differential Treatment. Unlike the TPP, the RCEP recognizes that less-developed countries may require less rigorous standards, which is an important acknowledgement given the different levels of development of the countries involved.

To read the full publication, please visit the Asia IP website (subscription required).

RELATED PROFESSIONAL

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

January 12, 2021
Doing business in the emerging markets of Southeast Asia can often be frustrated by seemingly loose protections afforded to intellectual property (IP) rights, and the proliferation of counterfeit goods. In response to this, the governments of Cambodia, Laos, and Myanmar have taken great steps in recent years to protect these valuable commercial assets, strengthen IP laws, and build robust legal regimes for the registration, protection, and enforcement of IP rights. Although these legal frameworks are still developing, the current measures available are sufficient for many savvy companies to register and protect their IP rights and prevent the spread of harmful counterfeit products. To help companies navigate these measures, Tilleke & Gibbins’ IP team, in collaboration with the Australian Chambers of Commerce in Cambodia, Laos, and Myanmar, will be hosting a webinar entitled, “Intellectual Property in Cambodia, Laos and Myanmar” on Tuesday, February 02, starting at 10:00 a.m. (ICT) / 9:30 a.m. (MMT). This webinar will form part of a broader Legal Webinar Series on key legal topics for businesses that will take place throughout 2021. Chandavya Ing andDavid Mol, Advisors in Tilleke & Gibbins’ Cambodia office; Dino Santaniello, Head of Tilleke & Gibbins’ Laos Office; and Yuwadee Thean–ngarm, Director of Tilleke & Gibbins’ Myanmar office, will present an overview of the IP laws of Cambodia, Laos, and Myanmar, identify the measures available to companies seeking to protect their trademarks and other IP assets, and discuss some real-world case studies of successful IP enforcement in the region. The session will also include a Q&A session, where attendees will be able to put their questions to Tilleke & Gibbins’ IP teams in Phnom Penh, Vientiane, and Yangon. To register for this free-to-attend event, please complete this registration form. Should you have any queries, please email [email protected].
Read More
November 25, 2020
Alan Adcock, partner and deputy director of Tilleke & Gibbins’ intellectual property practice, shared his expertise on the progress of Thailand’s ongoing cannabis liberalization efforts in a recent International Trademark Associate (INTA) article looking at the state of cannabis legalization initiatives around the world from an intellectual property perspective.
Read More