ASEAN Bulletin

March 2008

1. Intellectual Property Rights in ASEAN
2. ASEAN Cosmetic Directive Sets to Provide Safer and Better Cosmetics Choices

ASEAN Cosmetic Directive Sets to Provide Safer and Better Cosmetics Choices

Effective since 1 January 2008, all cosmetic products٭ placed in the ASEAN market are required to comply with the ASEAN Cosmetic Directive (ACD), which places priority on safe cosmetic products. For example, the product has to be labelled with the full ingredient list, manufacturing or expiry date and special precautions. In addition, the company or person placing the product in the market must notify the regulatory authorities of each ASEAN Member State where the product will be marketed.

Modeling itself along the European Cosmetics Directive, the ACD is the agreement under the ASEAN Harmonised Cosmetics Regulatory Scheme (AHCRS) signed by the ASEAN Economic Ministers in 2003. The objectives of the ACD are to harmonise technical requirements and product notification which eliminates the restrictions to the trade of cosmetics within the region. This effort also aims at enhancing cooperation among Member States in ensuring the safety, quality and claimed benefits of all cosmetic products marketed in ASEAN.

In other words, cosmetic products meeting the quality and safety standards of the AHCRS will have equal and immediate access to all ASEAN Countries as well as the international market.

These measures are in the consumers’ interests and benefits. The ACD not only allows consumers to choose from a wider range of safe cosmetic products, it also comes with a post marketing surveillance system. The system requires the person or the company responsible for placing the cosmetics in the market to have the technical and safety information of the products readily accessible to the regulatory authorities at all time.

More information on the ASEAN Cosmetic Directive (ACD), please visit www.aseansec.org/19014.htm or www.aseancosmetics.org  

[٭] Illustrative List of Cosmetic Products as of June 2007 are: skin creams, emulsions, powders (make-up ), soaps, perfumes, depilatories, deodorants and aps, sunbathing products, tanning products (without sun), hair care products, products for the care of the teeth & mouth, skin-whitening products, anti-wrinkle products, shower & bath preparations, lip products, etc. mouthwash, anti-caries, toothpaste, anti-dandruff, sunscreen, skin wash, anti-bacterial, anti-acne, breath freshener – liquid or spray, anti hair-loss, bust contouring cream.

Posted on 26 Mar 2008

Intellectual Property Rights in ASEAN

Intellectual Property (IP) is one of the key areas of regional cooperation and is fundamental to build up the ASEAN Economic Community. Creativity, inventions, technological capabilities and life-long learning have become the driving forces in business competitiveness and social advancement in the regional and global economy. As a result, the promotion and protection of intellectual property rights (IPRs) are now at the forefront of regional and global policy attention. In recent years, the implementation of the agreement on Trade-Related Aspects of Intellectual Property (TRIPS) at the World Trade Organisation has helped raise the level of IPRs protection in ASEAN Member States (AMSs).

A. IP systems and framework in ASEAN

A proactive ASEAN IP policy promotes innovation, technological improvements and business competitiveness

ASEAN IP cooperation has been guided by the ASEAN IPR Action Plan 2004-2010 and the Work Plan for ASEAN Cooperation on Copyrights. AMSs have regularly ensured that their laws and regulations are TRIPS compliant. Cambodia became a WTO member and a signatory to the TRIPS Agreement in October 2004 while the Lao PDR is in the process of accession to the WTO. Several AMSs have also acceded to other international IP treaties such as the Berne Convention for the Protection of Literary and Artistic Works; the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Meanwhile, AMSs’ IP systems and framework have been continuously enhanced through the amendment or introduction of numerous laws and regulations. Examples include those on geographical indications, the protection of new plant varieties, optical discs and copyrights.

B. Regional capacity building and networking

Creators and inventors in ASEAN are encouraged to register and maintain their IP assets

From 2004-2007, more than 4,000 IP professionals, customs and other enforcement officials, judges, prosecutors, law makers, IPR users and holders, private-sector executives and business entrepreneurs participated in regional capacity-building programmes. Those included joint activities implemented under the consecutive EC ASEAN Property Rights Cooperation Programmes (ECAP) as well as carried out in collaboration with the United States Patent and Trademark Office, and the World Intellectual Property Organisation.

Capacity building programmes have improved contacts and the development and protection of IPRs among all concerned parties. These programmes has also facilitated the formation of networks of stakeholders in ASEAN; a current focus being the networking of providers of business development services. Another emphasis in regional capacity building and cooperation is the creation of non-traditional IPRs, including unique geographical products, to better exploit the rich endowment of traditional cultural heritage, and of biological and genetic resources in ASEAN.

C. Public awareness in ASEAN

Creative talent in the fine arts will also benefit from copyright protection

ASEAN, in collaboration with various stakeholders, has continuously carried out activities to raise IP-related public awareness through seminars and workshops, fairs, interviews, multi-media publications and public campaigns. One prominent example is the IP Day now celebrated annually in AMSs. IP Fairs are also organised in ASEAN Countries to help small and medium-sized enterprises better manage and exploit their IP, especially with branding, design, trade secrets, and customer relation systems.

Strengthening regional capabilities and collaborative linkages will foster greater local ownership, equity and sustainability of the social and economic development in all levels. In turn, these will help ASEAN to remain an important player and a dependable business partner.

Posted on 12 March2008