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.
Monday, May 27, 2019
e Regional Comprehensive Economic Partnership in SE Asia; can Indonesia lead the negotiations?
The Regional Comprehensive Economic Partnership
(RCEP), is a proposed free trade agreement (FTA) between ASEAN countries and six
Asia-Pacific countries. Indonesia is the ASEAN coordinator for RCEP and has led
recent negotiations for RCEP. It is hoped to complete the deal this year. RECP
is expected to contain a detailed IP chapter, incorporating a TRIPS+ model,
that is IP provisions designed to go beyond TRIPS.
However concern has been expressed whether Indonesia
is adequately prepared to do this. As it is there are current concerns about
how robust Indonesia’s implementation of TRIPS is. The USTR Special 301 report and Europe’ IP
report on Third Countries both cite concerns about weak existing IP protection.
Some of the areas where compatibility with RECP is not yet close include:
of new forms and uses of known substances
The upshot of the differences between Indonesia’s
current IP laws and RCEP is that all of Indonesian’s IP laws will need to be amended
again. The process for amending the laws started in 2012 and has not yet
finished (the Industrial Designs law amendments are not yet passed). It is generally a very long process to pass
laws in Indonesia. Hopefully RCEP will provide an impetus to
improve the IP enforcement more and more quickly.