This article has been written by Ms. Saloni Sankhe, a second-year student of SDSM College, Palghar.

ABSTRACT

This comprehensive article investigates the intricate and evolving relationship between India and the Association of Southeast Asian Nations (ASEAN), specifically focusing on the profound influence of ASEAN on India’s Intellectual Property Rights (IPR) policies. The analysis spans historical roots to contemporary collaborations, offering an in-depth exploration of the multifaceted dimensions that define this strategic partnership. The historical context of this association is traced back to the Look East Policy, later transformed into the Act East Policy, signifying India’s strategic pivot towards economic liberalization and increased engagement with Southeast Asian nations. The evolution of this partnership, marked by the establishment of a Strategic Partnership in 2012, is a testament to the dynamic nature of ASEAN-India relations. Trade agreements emerge as a pivotal aspect of this analysis, with a specific focus on the India-ASEAN Free Trade Agreement signed in 2009. The examination of trade agreements illuminates how ASEAN has significantly impacted India’s IPR policies. The mutual recognition of patents and trademarks has streamlined cross-border processes, fostering innovation and technological exchange between the regions

Keywords: ASEAN-India relations, Intellectual Property Rights (IPR), Look East Policy, Act East Policy, Trade Agreements, Diplomatic Ties, Capacity Building, Policy Harmonization, Innovation, Technological Exchange.

 

1. Introduction:

The Association of Southeast Asian Nations (ASEAN), composed of member states such as Indonesia, Singapore, Philippines, Malaysia, Brunei, Thailand, Cambodia, Lao PDR, Myanmar, and Vietnam, plays a pivotal role in shaping India’s Intellectual Property Rights (IPR) policies. The transition from the Look East Policy to the Act East Policy signifies India’s strategic pivot towards economic liberalization and increased involvement with the Southeast Asian region.

1.1 Historical Evolution:

The Look East Policy, initiated in the early 1990s, marked India’s initial steps towards redefining its economic and diplomatic focus. It aimed at cultivating stronger ties with the nations to the east, recognizing the economic potential and geopolitical significance of the Southeast Asian region. Over time, this policy has matured into the more dynamic and action-oriented Act East Policy, showcasing India’s strategic foresight and adaptability.

The evolution from the Look East Policy to the Act East Policy is indicative of India’s strategic foresight and adaptability to the changing global scenario. It is not merely a change in nomenclature but a reinvigoration, reflecting India’s proactive approach in responding to emerging economic and geopolitical dynamics in Southeast Asia. This shift embodies a commitment to deeper economic engagement, diplomatic collaboration, and shared development with ASEAN nations.

1.2 Economic Liberalization:

This strategic shift is closely tied to India’s pursuit of economic liberalization. Recognizing the need to diversify economic engagements and extend its reach beyond traditional partners, the Look East Policy laid the groundwork for the more comprehensive and result-oriented Act East Policy. This policy prioritizes economic, cultural, political, and strategic partnerships with ASEAN member states.

1.3 Global Recognition of ASEAN:

The Act East Policy reflects India’s recognition of ASEAN’s growing importance in global affairs. ASEAN has become a crucial player in international trade, economic cooperation, and geopolitical dynamics. India’s strategic realignment acknowledges the economic dynamism and geopolitical significance of ASEAN as a collective force influencing regional stability and economic growth.

1.4 Adaptation to a Changing Order:

In essence, the evolution from the Look East Policy to the Act East Policy encapsulates India’s proactive efforts to adapt to a changing global order. It signifies a strategic realignment that acknowledges the economic dynamism and geopolitical significance of ASEAN. As India deepens its engagement with the Southeast Asian nations, particularly in the realm of intellectual property rights, the influence of ASEAN on India’s policies becomes increasingly pronounced, setting the stage for a collaborative and mutually beneficial future.

• The role of IPRs in economic development

In the context of an increasingly globalized trade landscape focused on “intangible” products and services rooted in research and development, brands, and patented or licensed technology, intellectual property plays a vital enabling role. The following points further elucidate the pivotal role of Intellectual Property Rights (IPRs):

1. IPRs Drive Innovation: Comparing the level of intellectual property protections with creative outputs demonstrates that countries with stronger IP protection exhibit more creative outputs, even at varying levels of development. Strong patent protection attracts technologically-rich exports and promotes indigenous innovation in the long term.
2. IP Drives Economic Growth: The IP system significantly drives competition and economic growth in modern, knowledge-based economies. Innovation, attributed to IP, has been a major contributor to economic growth, generating high-paying jobs.
3. IPRs Facilitate Global Value Chains: Intellectual property rights enable countries to participate meaningfully in global value chains, attracting investment into high-tech manufacturing and accelerating the move upstream from basic manufacturing.
4. Patents Promote Competition: The patent system promotes competition by disclosing detailed information about new products and processes. This disclosure accelerates innovation, empowers potential competitors, and contributes to unprecedented choice and competition in various therapeutic areas.
5. FDI and Intellectual Property Protection: Robust intellectual property protection drives Foreign Direct Investment (FDI). The strength of patent protection correlates with increased FDI across all countries, as highlighted by OECD findings.
6. IPRs and Technology Diffusion: Strengthening IPRs, particularly patents, is associated with increased technology transfer via trade and investment. The level of intellectual property protection significantly influences the speed of in-country launches of new drugs.
7. IPRs and Start-Up Investment: Intellectual Property Rights play a crucial role in helping start-ups and Small and Medium Enterprises (SMEs) secure investment. A robust patent portfolio serves as a signal of value, innovation quality, and can act as a rescue asset in case of business failure, enhancing the attractiveness of start-ups to venture capital firms.

3. 
   Opportunities & Challenges

3.1 Challenges

• Enhancing IPR enforcement: 

India’s IPR enforcement regime remains weak, with a shortage of specialized IP courts and judges, and inadequate resources for investigations and prosecutions. This has led to widespread counterfeiting and piracy, which undermines the value of IPR and discourages innovation.

• Balancing IPR protection and access to knowledge: 

India’s IPR laws need to be carefully calibrated to strike a balance between protecting the rights of IP holders and ensuring access to knowledge and innovation. Overly stringent IPR protection can hinder access to essential medicines, technologies, and educational materials.

• Capacity building and technical expertise: 

There is a need to strengthen institutional capacity and technical expertise in the field of IPR in both India and ASEAN member countries. This includes training judges, prosecutors, and other government officials on IPR issues, as well as developing expertise in IPR valuation and commercialization.

3.2 Opportunities

• Harmonization of IPR regimes: 

ASEAN and India can collaborate on harmonizing their IPR regimes to create a more predictable and transparent environment for businesses operating in the region. This could involve adopting common standards for IPR protection, streamlining registration procedures, and enhancing cross-border enforcement mechanisms.

 

• Joint research and development: 

ASEAN and India can promote joint research and development (R&D) in IPR-intensive sectors, such as pharmaceuticals, biotechnology, and information technology. This could involve establishing joint research facilities, fostering collaboration between universities and research institutions, and facilitating the exchange of knowledge and expertise.

• Public awareness and education: 

ASEAN and India can work together to raise public awareness and understanding of IPR issues. This could involve conducting public education campaigns, developing educational curricula, and promoting the use of IPR-protected products and services.

• Capacity building and technical assistance: 

ASEAN and India can share their experiences and expertise in IPR capacity building and technical assistance. This could involve providing training programs for government officials, conducting workshops and seminars on IPR issues, and sharing best practices in IPR enforcement and adjudication.

 

4. ASEAN’s Formal IPR Commitments

• • Adoption of the ASEAN Framework on Intellectual Property Cooperation (AFIPC): The AFIPC, adopted in 1995, outlined the principles and objectives of regional IPR cooperation, guiding the development of ASEAN’s IPR initiatives.

• Negotiation of the ASEAN Trade in Goods Agreement (ATIGA): 

ATIGA, which entered into force in 2010, includes provisions on IPR protection that go beyond India’s obligations under TRIPS, strengthening India’s IPR regime.

• Accession to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): 

India’s accession to TRIPS in 2005 incorporated a number of provisions that strengthened India’s IPR regime.

4.1 ASEAN’s Informal Influence on India’s IPR Policies

• Hosting of workshops and seminars on IPR issues: ASEAN has organized numerous workshops and seminars on IPR issues, attended by Indian government officials and policymakers, raising awareness and promoting best practices.
• Establishment of an IPR working group: ASEAN’s IPR working group provides a forum for India and other ASEAN members to discuss IPR issues and share best practices, fostering collaboration and knowledge exchange.
• Engagement in regional dialogues and initiatives: ASEArN’s active participation in regional dialogues and initiatives related to IPR has influenced India’s IPR policies, aligning them with regional standards and practices.

 

4.2 Specific Impacts of ASEAN’s Influence on India’s IPR Policies

• Strengthened patent protection: India’s patent laws have been amended to extend patent protection to new areas, such as pharmaceuticals and biotechnology, in line with ASEAN’s IPR standards.
• Enhanced copyright protection: India’s copyright laws have been strengthened to provide broader coverage and more effective enforcement mechanisms, aligning with ASEAN’s copyright protection framework.
• Improved trademark protection: India’s trademark laws have been updated to simplify registration procedures, enhance enforcement measures, and align with ASEAN’s trademark protection standards.
• Increased public awareness of IPR issues: ASEAN’s initiatives have led to increased public awareness of IPR issues in India, promoting a culture of respect for intellectual property rights.

4.3 Overall Impact of ASEAN’s Influence

ASEAN’s influence on India’s IPR policies has been significant, contributing to a more robust IPR regime that promotes innovation, creativity, and knowledge-based economic growth. ASEAN’s efforts have helped India align its IPR practices with international standards, facilitating trade and investment opportunities within the region and beyond.

 

5. Trade Agreements and Economic Synergy:

Trade agreements have been instrumental in shaping India’s IPR policies under the influence of ASEAN. The India-ASEAN Free Trade Agreement (FTA) signed in 2009 exemplifies this synergy. The FTA, aimed at promoting trade and economic cooperation, catalyzed the alignment of intellectual property frameworks. Mutual recognition of patents and trademarks became a cornerstone, streamlining processes for businesses operating across borders and fostering innovation.

Economic cooperation between India and ASEAN has flourished, with ASEAN ranking as India’s fourth-largest trading partner. The completion of the ASEAN-India Free Trade Area in 2015 further facilitated trade and investment, creating a conducive environment for mutual growth. This economic collaboration not only impacted IPR policies but also became a driving force for technological exchange and innovation.

5.1 Capacity Building and Technical Synergy:

Beyond trade agreements, the collaboration between ASEAN and India extends to capacity building and technical assistance. Joint workshops, training programs, and collaborative research initiatives have strengthened India’s capabilities in managing and implementing intellectual property regulations. The exchange of best practices and technical know-how has contributed to a harmonized understanding of global standards, fostering innovation and creativity.

5.2 Policy Harmonization:

The process of policy harmonization emerged as a crucial outcome of ASEAN’s influence on India’s IPR landscape. This involves bridging gaps in legal frameworks, streamlining procedures, and adopting common standards. The convergence of intellectual property policies is not merely about meeting international standards but also about creating an environment that encourages innovation and creativity.

5.3 Political Security Cooperation:

As global challenges evolve, politico-security cooperation has become a significant aspect of ASEAN-India relations. The ASEAN Regional Forum (ARF) and the ASEAN Defence Ministers’ Meeting (ADMM+) provide platforms for dialogue and cooperation in addressing shared security threats. India, recognizing ASEAN’s role in securing peace and prosperity, aligns its Indo-Pacific vision of Security and Growth for All with the consensus-based regional grouping.

5.4 Socio-Cultural Cooperation:

Socio-cultural cooperation has been fostered through various programs, including the ASEAN-India Students Exchange Programme, the Exchange of Parliamentarians, and the ASEAN-India Network of Think Tanks. These initiatives aim to enhance people-to-people interactions, promoting a deeper understanding of cultural nuances and facilitating collaboration on a broader societal level.

5.5 Connectivity Initiatives and Future Prospects:

Connectivity initiatives, such as the India-Myanmar-Thailand Trilateral Highway, underscore the commitment to enhancing physical and digital connectivity. Future prospects suggest a deepening of collaboration in intellectual property, trade, and socio-cultural aspects.

6. CONCLUSION

In conclusion, the intricate relationship between ASEAN and India has significantly shaped India’s approach to Intellectual Property Rights (IPR) policies, marking a transformative journey from historical roots to contemporary collaborations. The evolution from the Look East Policy to the Act East Policy exemplifies India’s strategic engagement with Southeast Asian nations, particularly ASEAN, underscoring the dynamism and commitment to fostering stronger ties.

Trade agreements, exemplified by the India-ASEAN Free Trade Agreement, have been pivotal in influencing India’s IPR landscape. The mutual recognition of patents and trademarks has streamlined cross-border processes, fostering innovation and technological exchange. Economic cooperation has thrived, positioning ASEAN as India’s fourth-largest trading partner. The completion of the ASEAN-India Free Trade Area has not only facilitated trade but also become a driving force for technological exchange and innovation.

The politico-security and socio-cultural cooperation between ASEAN and India have further deepened, with platforms like the ASEAN Regional Forum and the ASEAN Defence Ministers’ Meeting providing avenues for addressing shared security threats. Socio-cultural initiatives, including students exchange programs and think tank networks, aim to enhance people-to-people interactions, fostering a deeper understanding of cultural nuances. As both regions navigate global challenges, the ASEAN-India partnership remains pivotal in shaping a shared vision for the future of intellectual property rights and broader collaboration. The commitment to shared values and a common destiny is evident in the journey from the Look East Policy to the Act East Policy, symbolizing a united pursuit of economic growth and innovation in the ever-changing global landscape.

 

REFRENCES:

1. Intellectual Property Rights and ASEAN Development in the Digital Age 

            by Fukunari Kimura, ISBN-10 ‏ : ‎0367707098 ISBN-13 ‏ : ‎ 978-0367707095

1. Patent IPR Licensing- Technology Commercialisation – Innovation Marketing by Indian Innovators Association, ISBN-10 ‏ : ‎ 1947851438 , 978-1947851436
2. This article was originally  published on ASEAN Secretariat website. The link for the same is herein. https://asean.org/our-communities/economic-community/competitive-innovative-and-inclusive-economic-region/intellectual-property-rights/
3. This article was originally  written by Ahlawat & Associates published on Lexology website. The link for the same is herein. https://www.lexology.com/library/detail.aspx?g=7045cf52-4a2c-465f-980b-b5af034e2064
4. This article was originally written by Aayush Sharma  published on MONDAQ website. The link for the same is herein. https://www.mondaq.com/india/trademark/1107184/importance-of-ipr-in-todays-world