DRAFT FOR DISCUSSION COMPILATION OF MANUALS, GUIDELINES, AND DIRECTORIES IN THE AREA OF INTELLECTUAL PROPERTY (IP) PORTFOLIO MANAGEMENT CUSTOMIZED FOR THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) MEMBER COUNTRIES TABLE OF CONTENTS page 1. Preface…………………………………………………………………. 4 2. Mission Report of Mr. Lee Yuke Chin, Regional Consultant………… 5 3. Overview of ASEAN Companies interviewed in the Study……...…… 22 4. ASEAN COUNTRIES 4. 1. Brunei Darussalam Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 39 Part II: Success Stories…………………………………………………. 53 4. 2. Cambodia Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 66 Part II: Success Stories…………………………………………………. 85 4. 3. Indonesia Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 96 Part II: Success Stories…………………………………………………. 113 4. 4. Lao PDR Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 127 Part II: Success Stories…………………………………………………. 144 4. 5. Malaysia Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 156 Part II: Success Stories…………………………………………………. 191 4. 6. Myanmar Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 213 Part II: Success Stories…………………………………………………. 232 4. 7. Philippines Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 248 Part II: Success Stories…………………………………………………. 267 4. 8. Singapore Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 281 2 Part II: Success Stories…………………………………………………. 322 4. 9. Thailand Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 334 Part II: Success Stories…………………………………………………. 346 4. 10. Vietnam Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 365 Part II: Success Stories…………………………………………………. 383 3 PREFACE ________________________________________________________________________ In November 2004, the ASEAN Member Countries requested WIPO’s assistance in compiling customized manuals, guidelines and directories in the areas of IP asset audit, valuation, business planning, and securitization of patents, trademarks and designs. It was an important exercise for ASEAN, which has been proactive in promoting IP creation and awareness, and the commercialization of its IP assets. As the ten members of ASEAN are at varying levels of development, it was proposed to customize the manuals for each ASEAN Member. The Manuals included for this reason “tailor made” recommendations specific to each of the ASEAN country. A regional consultant, as well as a local consultant from each of the ten countries was identified and engaged for this exercise. The regional consultant was Mr. Lee Yuke Chin, Senior Principal Consultant, Research & Technology Division, Standard and Industrial Research Institute of Malaysia (SIRIM). The ten local consultants, who were recommended by the ASEAN Secretariat, in consultation with the ten IP Offices of the ASEAN, were as follows: 1. Ms. Chu Wee Ken, Brunei 2. Mr. Ngeth Vibol, Cambodia 3. Mr. Arry Ardanta Sigit, Indonesia 4. Mr. Chanthara Sayamoungkhoun, Lao PDR 5. Mr. Manisekaran Amasi, Malaysia 6. Dr. Moe Moe Thwe, Myanmar 7. Ms. Emma C. Francisco, Philippines 8. Mr. Gunalan s/o Veloo Vartharajan, Singapore 9. Mr. Weerawit Weeraworawit, Thailand 10. Dr. Le Xuan Thao, Vietnam The implementation phase of the project started with a mission undertaken by Mr. Bajoe Wibowo, Program Officer, Intellectual Property and Economic Development Division (IPEDD), WIPO, to the ASEAN Secretariat in Jakarta in February 2005. The project outline was discussed with the regional consultant and the ASEAN Secretariat. Thereafter, the regional consultant liaised with the local consultants to determine the subjects and guided them through the process of national compilation. The regional consultant prepared the study on the basis of the material provided by the national consultants. An ASEAN Regional Seminar was organized in Jogyakarta, Indonesia, in November 2005 to discuss the outcome of the study with all stakeholders involved. It is expected that this compilation will serve as a guide for the use of IP in a corporate business strategy in the ASEAN countries. In addition, the compilation could be used as a marketing tool for reinforcing the brand image of ASEAN countries as being modern, innovative and entrepreneurial. 4 MISSION REPORT PREPARED BY MR. LEE YUKE CHIN, REGIONAL CONSULTANT ______________________________________________________________________________________ 5 PURPOSE OF THE MISSION 1. The mission concerns a study on the compilation of manuals, guidelines and directories in the area of intellectual property (IP) portfolio management customized for ASEAN member countries, namely Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. The mission also has the objective of preparing two success stories for each member country concerning the utilization of IP assets by local business enterprises. 2. Mr. Lee Yuke Chin is the Regional Consultant for the mission. He will be working closely with ten national consultants from the ASEAN member countries. TERMS OF REFERENCE 3. Annex I shows the terms of reference for the mission. Under these terms, the Regional Consultant is required to attend a meeting and have discussions with officials from the ASEAN Secretariat and WIPO to finalize the methodology for conducting the study. He will work closely with the ten National Consultants and guide them during the study. A list of the National Consultants is shown in Annex II. SCHEDULE OF THE MISSION 4. Note*: Re-scheduling of the mission date as mentioned on the cover page of this mission report. The mission was originally scheduled from February 16, 2005 to June 16, 2005. However, due to the delay in engaging National Consultants, the start date of the mission was held back until early July 2005. 5. The project coordination meeting as mentioned in Paragraph 3 between the Regional Consultant and officials of WIPO and the ASEAN Secretariat was held on February 16, 2005 in Jakarta to finalize the following methodology for conducting the study. THE METHODOLOGY OF THE STUDY 6. In connection with the kind of manuals, guidelines and directories to be collected under the study, it was agreed between WIPO, the ASEAN Secretariat and the Regional Consultant that the mission would not attempt to define the type or types of publications to be collected by the National Consultants. On the contrary, the National Consultants would be given a free hand to collect any publication that they deem relevant. The ultimate objective of the mission should be to collect as much information as possible about IP-related publications available in the ASEAN region. 7. As a requirement under the terms of reference, the manuals, guidelines, directories and any other publications thus collected would be listed and categorized into the following six (6) areas identified under the terms of reference; (a) how to commercialize inventions; 6 (b) how to profit from original industrial designs; (c) contribution of trademarks to business development; (d) contribution of copyright; (e) valuation and assessment of IP rights in business enterprises; (f) access to capital based on IP assets – financial schemes (loans, grants) by government and institutions and with private capital. 8. It was envisaged that a substantial number of publications would be collected and possibly printed in the individual national languages of member countries. Therefore, the National Consultants should provide at least an abstract in English for each publication collected by them. 9. The meeting also took note that WIPO and the ASEAN Secretariat may publish in part or in full all the information collected by the mission at a later stage, including the list of manuals, guidelines and directories. Therefore, the National Consultants should keep a record of the details of each publication such that the data so collected could easily be converted into some kind of publishable form later on either in hard copy or electronically, whichever is applicable. 10. The meeting also decided that each National Consultant should provide a country report concerning the implementation status for each of the items mentioned in Paragraph 7 above. The country report should mention the administration of government policies as well as the implementation of relevant programs in the country. Such information would be useful for others who wish to use the information about the manuals, guidelines and directories of a particular country, to have a better understanding of the actual environment in that country. 11. The project coordination meeting also recommended that the success stories to be prepared for the mission should be published. The publication of these success stories would help spur further interest in the utilization of IP assets in the public and private sectors of the ASEAN community. As such, National Consultants