South-East Asia IPR SME Helpdesk

Checklist for entering Southeast Asian markets

Have you taken an active part in protecting your assets before going international in South-East Asia (SEA)? Let’s see! Knowing your main Intellectual Property (IP) assets is essential to achieving your business goals.

Do you have all the information you need?

  • Do you develop innovative products?
  • Do you focus on the design and packaging of your products?
  • Do you keep your production methods secret?
  • Do you produce traditional food?
  • Do you have an established reputation among customers?

Do you know how you can protect your Intellectual Property Rights (IPR) in the SEA country where you want to internationalise?

  • Do you understand the legislation?
  • Does it comply with international standards?
  • Do you know how to apply for protection?
  • Do you know what documents are required?
  • Do you have the required documents?
  • Do you know which languages you must translate your documents into?

Are you ready to play smart?

Did you know …?

… an NDA and NNN should be signed with potential partners before making any business deals or signing contracts

… all contracts and agreements must be translated into the languages of the areas you are expanding into

… there is no enforcement without existing registration

… you can protect your innovations by keeping them secret if you can’t or won’t apply for a patent

… sometimes a cease-and-desist letter can be enough.

Have you done all you need to do?

  • Have you registered your IP in your country of origin?
  • Have you registered your IP in the country of destination?
  • Have you checked if your trademark is still available for registration in the countries you want to expand into?
  • Have you included specifi c provisions about the connected ownership of the IPR in your contracts with EU and non-EU partners?
  • Have you drafteded a Non-Disclosure Agreement (NDA)?
  • Have you drafted a Non-Usage, Non-Disclosure and Non-Circumvent Agreement (NNN)?
  • Have you had all the necessary documents translated into the relevant languages?
  • Have you explained to your staff which information can and cannot be disclosed to third parties in SEA countries?
  • Are you aware of which enforcement options are available in SEA in case you face infringement?
  • Are you aware of the alternative dispute resolution methods?

Download the checklist as a PDF.

 

CONTACT the SEA IPR SME Helpdesk for free advice on how to learn and what to do!

Marta Bettinazzi – IP Business Advisor marta.bettinazzi@southeastasia-iprhelpdesk.eu

Mathieu Henceval – Project Manager Europe mathieu.henceval@southeastasia-iprhelpdesk.eu

Nora Bihari – Project Manager SEA
nora.bihari@southeastasia-iprhelpdesk.eu