In recent years, global intellectual property (IP) protection and commercialization have increasingly gained attention, and the ASEAN region has been actively promoting the protection and development of IP. With the rapid growth of the digital economy and innovation sectors, ASEAN countries face various challenges and opportunities in IP protection, enforcement, and commercialization. To promote coordination and cooperation within the region, ASEAN established the Intellectual Property Cooperation Working Group (AWGIPC), which is dedicated to enhancing the IP capabilities of its member states and promoting policy coordination and the sharing of best practices. AWGIPC advances progress in the field of IP across ASEAN member countries through regular meetings, the establishment of IP sharing platforms, and collaboration with international organizations, etc.
During the 14th Business of IP Asia Forum held in December 2024, the author had the privilege of inviting Mr. Xaysomphet Norasingh(Laos), Former Chairman of the AWGIPC(Note: Laos served as the Chair of AWGIPC from March 2023 to May 2025), to discuss the protection and development of intellectual property in ASEAN countries, as well as ASEAN's efforts in promoting the commercialization of IP.
Intellectual Property Observers:
Could you please elaborate on your role as the Chair of the AWGIPC?
Xaysomphet Norasingh：
Thank you for interviewing me and providing the opportunity to discuss the role of the AWGIPC. Actually, we function as the ASEAN IP office, collaborating to achieve our objectives over 5, 10, and 20-year plans. Recently, we have been focusing on finalizing the activities from the past 10 years, ensuring the completion of deliverable activities and initiatives.
In this case, the role of the chair of AWGIPC is to ensure that all member countries that implement activities will complete on time. To facilitate this, we hold three meetings annually to discuss challenges, provide status updates on implementation, and evaluate strategies for overcoming obstacles.
Normally, the role of the chair for AWGIPC is also to ensure that all member countries adhere to their plans when implementing activities with dialogue partners. During Laos' tenure as the rotating Chair of AWGIPC, we finalize the next 20-year work plan extending to 2045. During the meeting held from December 16th to 19th, 2024, ASEAN member countries formulated the work plan for the next 10 years and reported the outcome to the ASEAN Economic Ministers' Meeting for approval.
We also review our progress on the past 10-year work plan. With just over a year left until 2025, we have completed approximately 85% of the plan and are working to finish the remaining 15%. Ensuring the completion of all activities by 2025 is a primary focus.
One of our main responsibilities is to ensure no country is left behind. We recognize that ASEAN member states are at different stages of IP development—some advanced, some intermediate, and some still developing. Our goal is to bring all ASEAN members closer together, sharing best practices and data to ensure that all IP offices are aligned.
Additionally, the Chair has to negotiate with dialogue partners based on feedback and suggestions from ASEAN members. This ensures that all voices are heard and incorporated into our strategies and plans.
Intellectual Property Observers:
What specific challenges do ASEAN countries face in IP protection and enforcement? Do these challenges vary among member states due to differences in their levels of development? How to handle these challenges?
Xaysomphet Norasingh:
One major challenge is the capacity of IP offices. Some countries have a larger number of examiners, while others have very few, creating a significant disparity. Another challenge is technological advancement; some countries have progressed to more advanced IP systems, while others are still using basic ones.
Fortunately, ASEAN is working as a cohesive group where each country’s challenges are proposed in meetings. We collectively seek solutions, such as organizing training sessions, sharing experiences, or offering courses to address specific issues. For example, if there are challenges with law enforcement, we provide relevant courses to address them.
We also collaborate with international partners to solve these problems. For instance, we work with WIPO, which can help not only with the capacity building for officials, but also with programs to support entrepreneurs as well. Additionally, we collaborate with other partners like the Japan Patent Office (JPO), China National Intellectual Property Administration (CNIPA), Korean Intellectual Property Office (KIPO), European Union Intellectual Property Office (EUIPO), and United States Patent and Trademark Office (USPTO). These partners provide essential support to help us overcome the challenges we face.
Intellectual Property Observers:
How does AWGIPC promote IP cooperation among ASEAN member states internally? Additionally, what unique roles does it play on the international stage on behalf of ASEAN?
Xaysomphet Norasingh:
We have the ASEAN IP Register, a platform where all member states can share their up-to-date IP data. Maintained by WIPO, this platform helps facilitate the sharing and matching of data between IP owners and buyers. All stakeholders can access the platform to obtain the relevant information they need.
On the international stage, AWGIPC can represent ASEAN in negotiations. For example, during the WIPO General Assembly, the AWGIPC Chair delivers speeches and proposes cooperation initiatives. This platform also enables ASEAN to engage with other IP groups, such as the Latin American IP group, fostering bilateral relationships.
Intellectual Property Observers:
In recent years, what specific achievements has AWGIPC made in promoting IP cooperation?
Xaysomphet Norasingh:
One notable achievement is the release of the ASEAN Scoping Study. This comprehensive study, prepared in collaboration with the World Intellectual Property Organization (WIPO), outlines key recommendations and action points to drive ASEAN's IP objectives beyond 2025.
Another significant accomplishment is our involvement in the GRTK Treaties (Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions).
Additionally, individual ASEAN member states have made strides in their IP goals. Some members have joined or are preparing to join the Hague Agreement, while others have become participants in treaties such as the Madrid System. These efforts help build the capacity of officials.
By participating in these international treaties, we provide greater security and assurance to investors. When investors bring new ideas and innovations to ASEAN countries, they can be confident in the protection of their IP. This, in turn, boosts investment confidence across the region.
Intellectual Property Observers:
What positive impacts have these achievements had on ASEAN member states?
Xaysomphet Norasingh:
We have observed a significant increase in the number of IP applications and innovations within ASEAN. Sharing success stories, such as the granting of geographical indications (GIs) or the completion of various projects, has also been beneficial. These activities have raised awareness about the importance of IP across the region. Previously, IP awareness was limited, but with increased cooperation and training involving international organizations, the importance of IP protection has become more widely understood. Now, society recognizes that IP drives innovation and protects new creations.
In terms of cooperation, ASEAN has shifted from merely engaging in dialogues to addressing deeper issues and supporting each other to enhance various areas. For example, we are working on harmonizing patent and trademark examination procedures across all ten ASEAN member states.
Additionally, intra-ASEAN cooperation has been promoted, recognizing the varying levels of development among member states. For instance, Laos, with its smaller office, collaborates with countries like Singapore and the Philippines, which have the capacity and manpower to conduct patent substantive examinations. We receive their results and issue patents accordingly. This type of internal cooperation is growing. Recently, Laos and Singapore signed an MOU on industrial design cooperation, working together to process applications. Cambodia has also signed agreements with other ASEAN countries. In summary, We are exchanging information and deepening inter-cooperation in various aspects.
Overall, these achievements have fostered a more integrated and cooperative IP environment within ASEAN, leading to enhanced IP protection and innovation throughout the region.
Intellectual Property Observers:
In the future, what areas will AWGIPC focus on to achieve broader regional cooperation and progress?
Xaysomphet Norasingh:
Over the next 10 to 20 years, we plan to focus on five key economic sectors.
The first area will be the digital economy. As the digital era progresses, it is crucial to adapt our legal frameworks to keep pace with new developments. Harmonizing IP laws across ASEAN will be essential, and sharing expertise will help us align our legal systems more closely.
The second focus area is the green economy, which involves protecting genetic resources and agricultural products. These resources are abundant in Asia and ASEAN, making it essential for IP offices within ASEAN to collaborate to safeguard them. Countries like Indonesia, Thailand, Laos, and the Philippines have significant genetic resources that require protection. Geographical indications (GIs) are a critical target for IP protection, as they denote products unique to specific regions. This specificity is what makes GIs valuable. Consequently, the green economy plays a crucial role in the protection of genetic resources and traditional knowledge (GRTK).
The third focus area is the blue economy, which encompasses marine and bio-economies. While some ASEAN member states are landlocked, we cannot overlook the importance of this sector, as countries like Singapore, Thailand, and Vietnam are heavily reliant on maritime activities. Therefore, the blue economy will play a crucial role in the future. Intellectual property must determine which specific areas within the marine sector should be prioritized and supported.
The creative economy is another sector where we aim to make significant progress. There is a disparity in the development of the creative economy among ASEAN members. While some countries, like Thailand and Indonesia, have thriving creative sectors, others lag behind. By learning from regions like Hong Kong, where creative industries such as movies and music contribute significantly to economic development, we can better support the creative economy in ASEAN. This includes protecting copyrights and encouraging new generations to engage in creative industries, particularly in countries like Laos, where the creative economy is largely driven by SMEs, writers, and movie directors.
Lastly, we will focus on the Science, Technology, and Innovation (STI) economy. With the rise of AI and other digital advancements, it is essential to update IP laws to protect these new technologies. Over the next 20 years, we will work on integrating IP protection into these emerging fields. Every 10 years, we will review our activities and progress to ensure we are meeting our objectives.
Intellectual Property Observers:
Looking ahead, does AWGIPC plan to initiate new cooperation projects or initiatives with China in the field of intellectual property? What specific areas might these collaborations involve?
Xaysomphet Norasingh:
Yes, the ASEAN members are always seeking new collaborations with China due to its advanced technology and extensive experience in IP. Several ASEAN countries have already signed MOUs with CNIPA and Chinese universities. We aim to learn from China's IP protection methods and their approach to IP valuation and financing for SMEs. These areas of implementation are where ASEAN members can greatly benefit from China's expertise.
Currently, our cooperation with China focuses on training related to GRTKs. CNIPA has maintained long-standing cooperation with ASEAN, supporting numerous initiatives under the 10-year action plan, including training in patents, trademarks, and industrial designs. But the new focus is on protecting traditional cultural expressions, such as traditional medicine and arts, as China has a strong legal framework for these areas. We are conducting joint studies and sharing experiences with China to discuss future protection strategies for GRTKs in ASEAN and to draw lessons from CNIPA's practices. We are in the process of drafting a new 10-year action plan. Once completed, we will present it with specific activities for discussion. Annually, we hold an ASEAN-CNIPA head office meeting to discuss action plans and areas of cooperation.
Additionally, ASEAN-China IP cooperation focuses on human resource development, particularly in IP examination capabilities, where ASEAN can benefit from China's support. China also assists ASEAN in strengthening IP protection and utilization. For the short term, leading up to 2025, we have several initiatives with China, including implementing China's best IP automation tools. These initiatives aim to enhance the ASEAN IP economy by leveraging expertise from China.
The AWGIPC is committed to building a robust and inclusive IP ecosystem in the region through ASEAN-China collaboration. China's engagement in supporting SMEs in ASEAN is a promising initiative for the coming years.
Intellectual Property Observers:
The Business of IP Asia Forum has repeatedly focused on ASEAN's intellectual property commercialization issues. What is your perspective on the current status and potential of intellectual property commercialization in the ASEAN region?
Xaysomphet Norasingh:
IP commercialization is crucial for contributing to socio-economic development. Currently, efforts are being made to promote IP commercialization to boost economic growth in ASEAN countries. Some ASEAN countries already have IP trading markets, IP trading centers, and connections between creators and entrepreneurs, facilitating the commercialization of new ideas.
Looking ahead, IP commercialization will remain a priority for ASEAN. Compared to other regions, ASEAN lags behind countries like Hong Kong, Japan, and China, which already have established platforms for IP commercialization.
IP commercialization can be a key driver in helping entrepreneurs access financing. Currently, ASEAN IP cannot be used as collateral for bank loans. In the future, if IP and new ideas can be effectively commercialized, this could help solve the financing challenges faced by SMEs.
Intellectual Property Observers:
In the future, what trends do you foresee in ASEAN's intellectual property commercialization?
Xaysomphet Norasingh:
Digital transformation will play a crucial role in the future of IP commercialization. Effective IP management, licensing, and technology transfer increasingly depend on accessing data in digital formats.
We must also focus on GI products, clean energy, cultural expression, and creative IP, which are rich heritage assets of ASEAN that offer significant commercialization potential. Strengthening partnerships is essential to overcoming barriers and fostering IP commercialization. Our goal is to address these challenges by fostering new ideas and platforms that enable producers to share and commercialize their products effectively.
Intellectual Property Observers:
What key factors will drive the process of IP commercialization?
Xaysomphet Norasingh:
The government plays a crucial role in supporting this process. Consider small and medium-sized enterprises (SMEs) – they are young and new. Without government intervention, they struggle to grow. Government policies aim to help SMEs become capable, productive, and competitive.
The government should assist SMEs in navigating the market, providing platforms, identifying weaknesses, and finding partners to support them. Additionally, the government should facilitate access to financial institutions to help SMEs expand.
Therefore, the government's role is vital in helping SMEs realize their IP potential. Government should support SMEs by providing IP training, guiding them on business strategies, brand creation, and product promotion. Our goal is to make these brands valuable IP assets. Hence, government involvement is essential.
