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.
Sunday, May 12, 2013
USTR Special 301 report 2013 - Vietnam and Philippines
Continuing from the earlier post, there are
positive reviews for the Philippines and Vietnam this year.
The Philippines is on the
Watch List. It has finally passed new copyright laws and customs procedures.
It's challenges remain over Internet piracy, anti-evergreening rules in the
patent law, poor protection of undisclosed confidential information and strengthening
enforcement (such as criminal enforcement and predictability for search and seizure orders). There are many positives in the
report, such as Madrid accession, illegal camcording reduction, improved court
procedural rules and the efforts of IP officials in the government are praised.
There is even a suggestion of a further review if the situation improves.
Vietnam gets a mixed report and remains on the Watch List.
Despite a flurry of new rules, many areas remain weak. Internet piracy is
growing now and needs to be addressed, physical counterfeit goods remain widely
available, book piracy, software piracy (including on government computer
systems), and cable and satellite signal theft continue to be widespread.
Overall IP enforcement progress is low,
with few criminal cases. Capacity restraints of enforcement agencies are weak.
IP Komodo comments that the
Philippines is making some genuine reforms, driven by their proactive IP office, but they
struggle to influence more distant ministries. Vietnam's problems are more emerging,
as IPR commerce develops new challenges while the old ones are growing as the
economy develops. Things may worsen before they improve.