Workshop at the APAA Makati Conference 13 November 2011 IP Litigation and Enforcement in Asia

1. Workshop at the APAA Makati Conference 13 November 2011IP Litigation and Enforcement in Asia Masashi Kurose KYOWA PATENT AND LAW OFFICE JAPAN Kyowa Patent and Law Office

2. Required Conditions for IPR to be Enforced • Existence of IP laws in which the provisions of enforcement are clearly stipulated. • Establishment of workable Executive Authorities including courts. • Existence of sufficient numbers of IP specialists. Kyowa Patent and Law Office

3. IP Laws in Asian Countries • Countries and regions in Asia are WTO members, so they are obligated to meet the conditions stipulated by WTO/TRIPS regarding the IP system. • Therefore, there should not be any countries with special problems in this regard. Kyowa Patent and Law Office

4. Important Things for Enforcing IPR • Proper protection of rights • Speedy settlement • Reasonable costs Kyowa Patent and Law Office

5. Proper Judgment on IPR Infringement • In order to ensure proper protection of rights, proper judgment by executive officers and authorities as to the infringements of rights is necessary. • In patent infringement cases, specialists who can completely understand the technology related to the patented invention, and interpret the patent claims correctly are needed. Kyowa Patent and Law Office

6. Number of Domestic Patent Applications, Patent Examinersin 2010 Kyowa Patent and Law Office

7. Shortage of Patent Specialists • There are not enough patent specialists in countries that do not stringently conduct substantial patent examinations. • It is difficult to conduct a speedy and proper trial in patent infringement cases. • Enforcement based on patent rights is not effective in these countries. Kyowa Patent and Law Office

8. Trademark Infringements • In trademark infringement cases there is the problem of counterfeit goods. • Speedy resolution and reasonable cost is desired. • For cost performance, it is preferable that the trademark infringement cases be handled by an administrative authority or specialized police team other than a court. • In many countries in Asia, this kind of administrative authority or specialized police team functions effectively. Kyowa Patent and Law Office

9. Administrative Authority, Specialized Police Team • Korea : Special Judicial Police Squad for Trademarks • Taiwan : IPR Police Team (IPRP) • Hong Kong : Customs and Excise Department • Malaysia : Enforcement Division of MDTCA • Thailand : Economic and Technological Crime Suppression Division • Vietnam : Market Management Bureau Kyowa Patent and Law Office

10. Border Measures by Customs • IPR holders are requested to cooperate with customs officers to effectively seize infringing IPR articles. • It is essential that customs officers be provided the necessary criteria and technical means to easily distinguish infringing products from genuine products. • In order to effectively enforce IPR, it is not enough to overhaul IP laws but also it is useful to develop technical means for supporting the enforcement activities. Kyowa Patent and Law Office

11. Trustgram Verification method of forgery prevention sticker (Trustgram) Counterfeit Hologram Trustgram

12. Trustgram Trustgram Counterfeit Hologram

13. Trustgram B A Which is Genuine ?

14. Trustgram B A

15. Maintain Enough IP Specialists • For effective enforcement, it is necessary to obtain IPR speedily and properly. • It takes a long time to obtain IPRs in some Asian countries because of the shortage of IP specialists. • Cooperation of Asian countries in examinations and in training of IP specialists is important to effectively enforce IPR. Kyowa Patent and Law Office

16. Thank You MASASHI KUROSEVICE PRESIDENT KYOWA PATENT AND LAW OFFICETOKYO, JAPAN Kyowa Patent and Law Office