Leaps & bounds

Asia’s intellectual property landscape has experienced a transformative shift in recent years. As innovation surges, it must be protected with efficient strategies

The rise of the Asian market has not only brought economic prosperity but has sparked a renewed focus on valuing and protecting creative ideas. Intellectual property (IP) is a rich field for legal contest. From Tokyo and the soaring skyscrapers of Shanghai to the bustling markets of Singapore, the importance of IP has become an integral part of innovation.

Statistics reveal the true magnitude of the shift. In February, the World Intellectual Property Organisation reported the number of patent co-operation treaty filings in 2022 reached a record high of 278,100 that year. Asia emerged as the dominant contributor to international patent applications, accounting for 54.7% of the total. Compare this to 2012, when the region’s share stood at 40.3%.

As Asian countries continue to invest in research and development, and champion the rights of inventors, we talked to IP practitioners at the International Trademark Association’s (INTA) 2023 annual meeting in Singapore on 16-20 May, the second time the convention has been hosted in Asia. Many say the importance of IP will only continue to grow and evolve, propelling the region to greater heights of influence.

Zaheera Hashim, a director and assistant general counsel at Procter & Gamble in Singapore, notes the burgeoning e-commerce and digital economy in Asia has posed a new challenge to building IP strategies.

“In designing products for the Asian consumer, who is mobile-first and very digital, there is certain advertising that is better on mobile than traditional advertising,” she says. “So, when we craft our brand story, it’s now more adaptable and suitable for online shopping and younger consumers.”

Working in a multinational company with a wide range of personal and consumer health products, Hashim sees each product segment as requiring specific protection and enforcement strategies. Therefore, the company has lawyers sitting with the commercial teams to better understand market strategies and enforcement priorities.

“It’s not a one-size-fits-all IP strategy,” she says. “I think that’s the key to success, to actually sit with the business partners to understand what their priorities are, and then come up with an IP strategy that works for that business.”

With products from baby care to laundry detergent, skin, hair and personal care, Hashim has teams of lawyers specialising in IP, marketing and advertising laws. “We also work very closely with our brand protection lawyers on the enforcement of our IP in the Asia-Pacific, as in-market trends have shifted from counterfeiting to selling of lookalikes, especially in this region,” she says.

Wang Kan, IP director at Suzhou-based high-end medical imaging manufacturer Raycan, says that IP protection strategies also depend on a company’s products and positioning. A Chinese company with a target market solely in China and nowhere else would not need to protect its IP rights overseas, but for companies with products aimed at the global market protection becomes very necessary.