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Cooperation on Copyright; ASEAN Intellectual Property Rights Action Plan 2011-
15
2015; and the ASEAN Intellectual Property Rights Action Plan 2016-2025. ASEAN
17
16
also addresses external cooperation with non-ASEAN countries and international
organizations and established The ASEAN Working Group on Intellectual Property
Cooperation (AWGIPC) in 1996 pursuant to the IP Framework Agreement. The AWGIPC
serves as a “consultative group” and includes the IP offices of the ten ASEAN Member
States. 18
Even in light of all the progress detailed above, no harmonized substantive rules
on IP rights have been adopted by ASEAN Members. Nonetheless, IP laws across
ASEAN are largely harmonized, as ASEAN Members are part of the World Trade
Organization (WTO) and have aligned their national laws with the principles set by the
Agreement on the Trade Related Aspects to Intellectual Property Rights (TRIPS). In
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addition, with the exception of Myanmar, all ASEAN Members are members to the
Paris Convention for the Protection of Industrial Property and to the Berne Convention
for the Protection of Literary and Artistic Works, the two most relevant international
agreements harmonizing national IP laws pre-TRIPS, which have also considerably
harmonized substantive laws on IP across all members. As of today, most ASEAN
20
Members are also members of several other WIPO international agreements related to
the harmonization of specialized IP rights or to the creation of consistent administrative
procedures related to the filing, registration, etc. of IP rights.
21
15 ASEAN Secretariat, Work Plan for ASEAN Cooperation on Copyright, 2006.
16 ASEAN Secretariat, ASEAN IPR Action Plan 2011-2015.
17 ASEAN Secretariat, ASEAN IPR Action Plan 2016-2025.
18 ASEAN Working Group on Intellectual Property Cooperation (AWGIPC)pp. 367-389.
19 See Agreement on Trade-Related Aspects of Intellectual Property Rights, April 15, 1994, Marrakesh
Agreement Establishing the World Trade Organization, Annex 1C, Legal Instruments—Result of the Uruguay Rounds
Vol. 31, 33 I.L.M. 83 (1994) [hereinafter TRIPS].
20 See Paris Convention for the Protection of Industrial Property, Mar. 20, 1883, as revised July 14, 1967,
21 U.S.T. 1583, 828 U.N.T.S. 305; The Berne Convention for the Protection of Literary and Artistic Works, Sep. 9
1886, as revised Jul. 24, 1971, and as amended Sep. 28, 1979, 102 Stat. 2853, 1161 U.N.T.S. 3.
21 For example, Indonesia, Thailand, Singapore, Malaysia, Philippines, Vietnam, Cambodia,
Myanmar, Brunei and Laos are members of the Patent Cooperation Treaty, Patent Cooperation Treaty, June 19,
1970, 28 U.S.T. 7645, 1160 U.N.T.S. 231; Singapore and Vietnam are members of the Madrid Protocol and
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