Intellectual Property

Encompassing patents, trademarks, copyrights, trade secrets, and industrial designs, Intellectual Property is a rapidly expanding area of law in the context of a technologically advancing world economy. With the large number of innovative companies doing business in the Asia-Pacific region, a thorough understanding of intellectual property law is indispensable to many lawyers in the region.

The objectives of the Intellectual Property Committee are to share and exchange ideas or information amongst the practitioners of Intellectual Property Law, to apply and enforce such laws, to participate in meetings and conferences held by the Association to achieve the above objectives, and to acquaint members of the same profession with each other.


Title: IP/IT Challenges in the Business Landscape

The Intellectual Property and the Technology & Communications Committees teamed up in a session to examine challenges facing companies in bringing communication technology to the market, i.e. from access to telecom spectrum, over patent litigation (including contributory infringement) to ISP liability.

Title: IP/IT Challenges in the Business Landscape

This joint session among the Intellectual Property and the Technology and Communications Committees addressed and discussed development and challenges on data protection and privacy, in respect to mobile communications, internet services.


Title: Resolution of Trade Secret Disputes

To make their business successful in the world markets, formulas, plans, patterns, processes, programs, tools, techniques, mechanisms, compounds, or devices not generally known or readily ascertainable by the public must be protected. Whatever type of information is represented by a trade secret, a business must take reasonable steps to safeguard it from disclosure.

The Intellectual Property and Dispute Resolution Committees organized a joint session, where the legal issues regarding the trade secret cross-border disputes were addressed and discussed among the panelists through an introductory case scenario involving an R& D joint venture in the pharmaceutical business sector.

Title: Free Trade Agreements in Asia - What Works & What Does Not?

This joint session among the Intellectual Property and the International Trade Committee considered the mixed record of FTAs in Asia through the lenses of investment, IPR, and trade.

FTAs increasingly address much more than just trade liberalization; they include provisions on intellectual property rights and investment protection. With experts from each of the three committees, this Joint Session offered a unique appraisal of FTAs and develop recommendations for how business can use FTAs to grow and expand, and focused on the role FTAs play in the continued economic expansion in Asia.


Title: Facilitating IP in Innovation

Innovation is the process of creating a new idea and carrying it through to equip enterprises to be competitive and to achieve market successes. For enterprises in every industry, facilitating intellectual property rights may mean the difference between failure or securing sure success and greatly reducing risks. As such, how one facilitates, develops, protects and exploits intellectual property rights to maintain and enhance competitiveness is a critical issue for all businesses. The panel members shared their experiences with respect to intellectual property management, portfolio strategies, licensing and transfers.

Title: Intersection of IP Competition and International Trade - Technological Innovation, Technology Standards

This joint session of the Intellectual Property, Competition Law and International Trade Committees discussed the issue of technology standards, as it impacts international trade, competition, and IP.


Title: Clean Tech – The Implications of New Technology in a Global Crisis.

The development and use of clean technology is widely acknowledged as a priority in the battle to manage “climate change”, in both a physical and economic sense. This issue will require inventors, companies, and governments to work together though the interests of these parties are not always in harmony. Companies want to pursue the development and adoption of clean technology as good business. Governments want to support the development of clean technology with stimulus packages and investment incentives, yet business competitors may view these measures as unfair subsidization.

Other governments and NGO’s want the intellectual property protections of clean technology innovators held in abeyance or modified to enable clean technology to be deployed for the benefit of all to address the pressing crisis of climate change.

The Technology and Communications, Intellectual Property, and International Trade Committees teamed up to address the important legal issues surrounding the clean tech industry, including the creation, protection and commercialization of that technology through patents or other intellectual property rights; regulatory approvals and compliance; supply chain issues; technology acquisition and licensing; and the governing international trade and investment regimes regulating government intellectual property protection and incentive programs such as the WTO’s Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Subsidies and Countervailing Measures Agreement (SCM).


In this digitalized era, many cross-border issues arise with respect to Intellectual Property rights, especially infringement. Therefore, the program “Issues in Intellectual Property Enforcement and Infringement in the Digitalized Era” sponsored by the Intellectual Property Committee at the recent Manila conference focused exactly on this issue. We had the honour of having three prominent and engaging speakers discuss the issues arising from protection and enforcement of such rights in the following presentations:

“Internet keywords: use as trademarks? A European perspective” by Ms. Alexandra Neri, Herbert Smith LLP;

“Copyright Developments: Secondary Liability and the ‘Making Available’ for Further Distribution” by Mr. J.T. Westermeier; and

“The Economic and Social Importance of Digital Information Networks as a Means of Development and Commerce” by Mr. Vincente B. Amador.

We were pleased with the lively discussion and good attendance.



Lidong PAN

Reiz Law Firm
Suit 3301, Rongchao Trading Center, Shenzhen; 10/F., Block D, GT Land Plaza, Tianhe Dist.
Guangzhou/Shenzhen, Guangdong, China

 +86 755 8311 0300
 +86-775 8231 2399



Jose Eduardo Genilo

ACCRA Law Offices (Angara Abello Concepcion Regal & Cruz Law Offices)
22nd Floor, 2nd Ave. cor. 30th St., ACCRA Law Tower, Crescent Park West, Bonifacio Global City, Taguig, Philippines
Taguig City, Metro Manila, National Capital Region, Philippines

 +632 830-8000
 +632 403-7007

Christopher Kao

Pillsbury Winthrop Shaw Pittman LLP
Four Embarcadero Center, 22nd Floor
San Francisco, CA, United States