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ERIA Supports ASEAN–Japan Seminar to Strengthen Intellectual Property Enforcement on E-Commerce Platforms

Date:
5 December 2024

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Jakarta, 4–5 December 2024: ERIA successfully supported the ASEAN–Japan Good Practice Seminar on Intellectual Property 2024 (JSIP Follow-Up Seminar), held at the Holiday Inn & Suites Jakarta Gajah Mada, Indonesia. This seminar was jointly organised by the Asia Crime Prevention Foundation (ACPF), the ASEAN Secretariat (ASEC), the Japan International Cooperation Agency (JICA), and the Ministry of Justice of Japan (MOJJ).

The event represented a direct implementation of Goal 8 of the ASEAN–Japan Work Plan on Law and Justice, endorsed during the ASEAN–Japan Special Meeting of Justice Ministers in Tokyo last year. It addressed the increasing challenges of intellectual property (IP) infringement, especially in the e-commerce sector, and aimed to strengthen collaboration amongst ASEAN Member States. By convening judges, legal practitioners, and IP officials, the event facilitated valuable knowledge exchange and contributed to building a more robust IP ecosystem in the region.

The seminar began on 4 December with remarks by H.E. Nararya S. Soeprapto, Deputy Secretary-General of ASEAN, and H.E. Masahiko Kiya, Ambassador of Japan to ASEAN. Following their addresses, Takeaki Otsuka, Deputy Director of the MOJJ, outlined the seminar’s objectives. Kaori Hirota, Deputy Director of the Japan Patent Office (JPO), shared insights into JPO's efforts to combat trademark infringements and strengthen IP enforcement. This was followed by Sharifah Nadiah Syed Sheikh, Assistant Director General of Malaysia’s Intellectual Property Corporation and Chair of the ASEAN Trademarks Task Force, who provided an overview of ASEAN's trademark initiatives and the ASEAN Trademark Task Force action. She highlighted that over the past 6 years, ASEAN has reduced the average turnaround time for national trademark applications by an average of 9.29 months through the implementation of best practices to address backlogs.

Kozo Yabe, Partner at Midosuji LPC Tokyo Office, moderated the first session, which featured judges from ASEAN countries who shared their approaches to handling trademark infringement cases. Panellists discussed the role of governments and judicial systems in addressing trademark infringements, particularly the proliferation of counterfeit goods on e-commerce platforms. While disparities exist amongst ASEAN legal systems, these differences serve as a foundation for exploring enhanced collaboration, potential harmonisation, and strengthened cross-border cooperation.

The second day began with an online presentation on WIPO's arbitration and mediation mechanisms by Caleb Goh, Representative of the WIPO Arbitration and Mediation Center, Singapore Office.

Yoshifumi Onodera, Partner at the Japanese law firm Mori Hamada & Matsumoto, moderated the second session. The panel featured IP office representatives and legal professionals from ASEAN Member States, Timor-Leste, and Japan, who discussed enforcement mechanisms to address IP infringements, particularly on e-commerce platforms.

A key focus of the discussions was balancing the liability of e-commerce platforms with the protection of IP rights. The ‘safe harbour’ principle, adopted by some ASEAN Member States, emerged as a significant topic, alongside calls for more robust notice-and-takedown procedures to combat counterfeit content effectively.

The seminar concluded with closing remarks by Toru Furuichi, Chief Operating Officer of ERIA, who expressed gratitude for the event’s success. He highlighted ERIA's ongoing commitment to supporting initiatives such as JSIP seminars under the ASEAN–Japan Work Plan on Law and Justice.

Furuichi reaffirmed ERIA’s dedication to strengthening IP protection, combating counterfeiting, and fostering the long-term success of the ASEAN–Japan partnership in intellectual property rights. He underscored that these efforts are important for promoting economic growth and strengthening regional relationships.

ERIA looks forward to future collaborations to enhance IP enforcement and ensure the resilience of ASEAN’s digital and economic landscape.

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