Innovation Without Patents

Innovation Without Patents

Harnessing the Creative Spirit in a Diverse World

Edited by Uma Suthersanen, Graham Dutfield and Kit Boey Chow

A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country’s level of development. This discussion is capped by a number of proposed policy options.

Chapter 9: The ASEAN States

Uma Suthersanen and Lim Heng Gee

Subjects: innovation and technology, intellectual property, law - academic, intellectual property law

Extract

Uma Suthersanen with Lim Heng Gee The ASEAN countries have made significant efforts to overhaul their intellectual property systems in the last ten years. At the ASEAN summit in Bangkok in December 1995, an Intellectual Property Framework Agreement was concluded. In 1998, the ASEAN Framework Agreement on Intellectual Property Cooperation was signed. One of the objectives of the ASEAN Framework Agreement is the possibility of setting up an ASEAN patent system and Patent Office to promote the region-wide protection of patents. Harmonisation of rights within the ASEAN region was further imposed by the international obligations of all the member countries, especially in connection with the TRIPS Agreement. Hence, there is some similarity of intellectual property laws within this region. Nevertheless, as is the situation all over the world, the area of second tier patent systems is as yet unharmonised within the ASEAN region. All ASEAN countries have implemented the UM system except Brunei, Myanmar, Laos and Singapore. 9.1 Malaysia (Lim Heng Gee) On the formation of Malaysia in 1963, there were three pieces of patent legislation in existence, the Registration of United Kingdom Patents Act, 1951 for the Federation of Malaya, the Patents Ordinance, Chapter 61, for the State of Sarawak and the Registration of United Kingdom Patents Ordinance, 1937, for the State of Sabah. All these three were based on the simple re-registration system under which an applicant desiring patent protection would have to make an application to the United Kingdom Patent Registration Office. On being granted a United...

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