Dec 09, 2019

The Roles of the WIPO Singapore Office in promoting the use of WIPO’s Global IP Services including WIPO’s Alternative Dispute Resolution (ADR) services in the ASEAN Region

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The Roles of the WIPO Singapore Office in promoting the use of WIPO’s Global IP Services including WIPO’s Alternative Dispute Resolution (ADR) services in the ASEAN Region

Based on the WIPO’s website, the World Intellectual Property Organization (WIPO) is the global forum for intellectual property (IP) services, policy, information and cooperation. WIPO is a specialised agency of the United Nations with its headquarters in Geneva, Switzerland, and external offices in Brazil, China, Japan, Russia and Singapore.

The WIPO Singapore Office (WSO) was established in 2005. The office works to increase innovation and creativity in the ASEAN region by promoting effective use of WIPO’s Global IP Services such as the PCT, Madrid and also Hague System.

In order to carry out its aims as mentioned above, one of the activities carried out by the office is to collaborate with the Indonesian IP Consultants Association (AKHKI) and the National Creative Agency (BEKRAF) to hold National Seminar in Indonesia on WIPO’s Global IP Services. At this event, around 70 participants from the private sector, mainly SMEs and IP attorneys attended a seminar on how WIPO’s Global IP Services can help IP stakeholders in Indonesia if they want to expand their IP protection overseas.

The office has also established cooperation with the Philippine Chamber of Commerce and Industry to hold WIPO National Seminar in the Philippines to help the Philippines increase their understanding and use of WIPO’s Global IP Services. At this event, around 60 SMEs, IP attorneys and government representatives attended a seminar on how WIPO’s Global IP Services like the Madrid System for International Trademark Registrations and online tools such as the Global Brand Database, can help IP stakeholders in the Philippines if they also want to expand their IP protection overseas.

It should be noted that on September 30th, 2017 the Indonesian President, Joko Widodo, executed the Presidential Regulation No. 92 of 2017 on Legalization of Protocol Relating to the Madrid Agreement concerning the International Registration of Mark, 1989. In consequence, Indonesia is officially open for international registrations (of mark). It means that mark owners from Indonesia are now able to file mark applications in various contracting states directly through the International Bureau (WIPO) and vice versa, mark owners from any contracting states may file applications directly to Indonesia through the International Bureau (WIPO). This matter certainly requires a good understanding of WIPO’s Global IP Services like the Madrid System for International Trademark Registrations from IP stakeholders in Indonesia.

Therefore, there is no doubt that the activities held by the office as mentioned above are very helpful to IP stakeholders in the ASEAN region to improve their understanding of WIPO’s Global IP Services.

The WIPO Singapore Office (WSO) is also working with the WIPO Arbitration and Mediation Center Office in Singapore to promote alternative dispute resolution procedures (ADR), such as mediation and arbitration, in the ASEAN region.

Based on the WIPO’s website, the Center's Singapore Office offers procedural dispute resolution guidance in choosing or adjusting dispute resolution clauses and administering procedures under the WIPO Rules. The Center's Singapore Office works with the partners in the region to raise awareness of ADR options and facilitate the settlement of IP-related disputes.

One of the Center's Singapore Office’s partners is the Intellectual Property Office of the Philippines (IPOPHL). They worked together to establish a joint dispute resolution procedure to facilitate the mediation of intellectual property disputes pending before IPOPHL. Therefore, currently the new mediation option is feasible in proceedings filed with IPOPHL.

The other partner of the Center's Singapore Office is the Directorate General of Intellectual Property Rights of Indonesia (DGIPR). The Center's Singapore Office collaborates with the Directorate General of Intellectual Property Rights of Indonesia (DGIPR) in the promotion of the use of ADR options for intellectual property disputes in Indonesia.

It also should be noted that on April 21, 2011, an arbitration and mediation body of intellectual property rights (BAMHKI) based in Jakarta was formed which provides adjudicative intellectual property rights dispute resolution services, namely arbitration and non-adjudicative ones namely mediation, negotiation and conciliation for disputes arising from commercial transactions or disputes relating to intellectual property rights.

It is expected that with the establishment of BAMHKI, the community and/or businessmen have alternatives in seeking justice and can actively participate in dispute resolution other than dispute resolution through the courts, so that it can create justice and legal certainty in the field of intellectual property rights for the community and/or businessmen in Indonesia.

Therefore, there is also no doubt that the collaborations between the Center's Singapore Office (which is supported by the WIPO Singapore Office) and their partners as mentioned above are also very useful to promote alternative dispute resolution (ADR) options for intellectual property disputes to IP stakeholders in the ASEAN region.