ASEAN strikes IP agreements with China and Europe
This article was originally published in Scrip
The Association of Southeast Asian Nations (ASEAN) has reached new agreements with China and the European Commission (EC) on intellectual property, which, although general in scope, will influence activities in the pharma sector.
A memorandum of understanding was signed with China during last week's summit of the 10-country economic grouping plus Japan, China, South Korea, India, Australia and New Zealand in Thailand. This provides for closer co-operation between the partners, including for the training of patent and other examiners and the exchange of information on best examination practice.
It also envisages regular briefings on international IP developments, including at the World Intellectual Property Organization, and includes steps to recognise more formally and improve protection for genetic resources. With research going on to derive well-characterised therapeutics from Chinese traditional medicines, this last area may have an impact on the commercial use of plant materials, although details remain to be worked out.
The memorandum formed part of a wider effort to strengthen ties between the two partners ahead of the formal establishment of an ASEAN-China free trade area in January. This will see tariffs abolished on around 90% of goods to create the largest free trade bloc in the world, as well as steps to address other non-tariff barriers.
China and ASEAN also agreed to improve general co-operation in the area of standards, technical regulations and conformity assessments.
EC agreement
ASEAN also signed a separate co-operative financing deal with the EC for the strengthening of IP measures within its member states, including through improved capacity for review and improved legal and administrative frameworks. Better enforcement of standards to deter piracy and counterfeiting – a particular problem in the pharma sector – is another major goal.
The tie-up builds on two previous programmes and is part of ASEAN's commitment to implementing the World Trade Organization's TRIPS norms, and will see the commission providing €4.5 million of the initiative's projected €5.1 billion cost. The European Patent Office will work with a project team at the Thai ministry of commerce to implement the programme over a four-year period.