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in my writings, it is only with the adoption of consistent rules on IP exhaustion that free
movement of goods can be effectively promoted a free trade area or custom union, and

this includes also ASEAN.

II. A Brief Review of the ASEAN Intellectual Property Framework
and the Absence of a Common Position on Intellectual Property

Exhaustion

A. Background on ASEAN and the ASEAN Intellectual Property Framework
ASEAN was established in 1967 with the aim of integrating the ASEAN

Members into a regional economic organization. ASEAN Members adopt fundamental
1
principles of consensus and non-interference with national policies. This approach is
2
different from the approach adopted, for example, by the Member States of the EU and
is referenced above as “the ASEAN Way.”

In addition, ASEAN did not create institutions charged with developing,
administering, and ruling on issues related to ASEAN-focused policies, as the EU

created with the establishment of the EU Parliament, EU Commission, and Court of
Justice of the EU (CJEU, formerly the European Court of Justice, ECJ). In 2003, the
ASEAN Members resolved to establish an ASEAN Community and adopted the ASEAN

Charter in 2007. One of the cornerstones of the ASEAN Community was the creation
3
of the ASEAN Economic Community (AEC), which launched in 2015 with the goal
4
to integrate ASEAN Members’ markets into a single market that comprises the free

1 The ASEAN Declaration (Bangkok Declaration), Bangkok, Thailand, ASEAN, Aug. 8, 1967.
2 Treaty of Amity and Cooperation in Southeast Asia, Indonesia, ASEAN, Feb. 24, 1976, 2012 O.J.
(L 154) 6.
3 Declaration of ASEAN Concord II (Bali Concord II), ASEAN, Oct. 7, 2003; The ASEAN Charter,
ASEAN, Nov. 20, 2007.
4 Cebu Declaration on the Acceleration of the Establishment of an ASEAN Community by 2015, ASEAN,
Jan. 13 2007: ASEAN Members committed to accelerate the establishment of the ASEAN Economic Community
in the Cebu Declaration on the Acceleration of the Establishment of an ASEAN Community by 2015. The ASEAN
Community consists of the three pillars of the ASEAN Security Community, the ASEAN Economic Community
(AEC), and the ASEAN Socio-Cultural Community. These form the Roadmap for an ASEAN Community 2009-2015.

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