September 12, 2016

IP Considerations for App Developers in South-East Asia

In a world of increasingly affordable smartphone technology and rapidly expanding connectivity, the digital marketplace makes room for new players on the scene: the app developers. Third party’s apps have become a core part of the smartphone package, providing users with almost limitless potential for productivity, utility, education and leisure, and apps serving as a huge part of smartphone marketing strategy and user attraction.
South-East Asia is one of the world’s fastest growing App market and is hailed by many as the ‘next frontier’ for app sales growth. With a population of 622 million across 10 countries, South-East Asia has seen an increase in downloads of 40% between December 2013 and December 2014 and revenue growth of 75%[1].
The fastest growing South-East Asian countries for both app downloads and revenue include Indonesia, Malaysia, Philippines, Thailand and Vietnam, each experiencing considerable growth in recent years, making these countries fantastic potential markets for app developers. Before taking products to these markets however, it is crucial for developers to both protect their ideas and designs as well as ensure that the appropriate permissions and licenses are sought for any protected material included in their own apps.

Brand Protection
Names of apps shall be catchy and distinctive.  One of the first priorities of any business looking to enter a new market should be brand registration, and as IP protection is a territorial right, brand protection is recommended in that jurisdiction. Brand is best and worldwide protected through registration of trade marks.
Trade mark registration is generally a simple process everywhere in South-East Asia, but as most South-East Asian countries function under the ‘first to file’ system this should be undertaken as early as possible, so as to avoid the risk of ‘bad faith’ registrations, and trade mark hijacking by domestic companies either seeking to take advantage of the target brand’s reputation or make a profit selling the mark back to the EU registered owner for a profit.
Additionally, SMEs should consider how their trade mark would translate into local languages. The registration of a trade mark in original Roman characters does not automatically protect the trade mark against the use or registration of the same or similar trade mark written in local scripts. If a local equivalent is not chosen, consumers will almost certainly choose their own, which might affect the reputation of the company. If this local name is not registered, companies also run the risk of another company freely copying, or registering the local trade mark themselves. In particular, in South-East Asian countries SMEs are highly advised to register their trade marks in local script version such as Vietnamese, Tamil, Thai, Lao, Burmese or Khmer.

Copyright: Software and Content Protection
Most types of creative works protectable by copyright in Europe are also protectable in South-East Asia and, as in Europe are theoretically protected as soon as they are created. Software is also expressly protected by copyright in South-East Asia, including source code, object code, as well as any written documentation or imagery used. The copyright does not protect the ideas behind the program but will provide protection against any unauthorized running, copying, modifying or distribution of the software.
Due to the difficulties in proving ownership when it comes to infringement actions, it is often advisable to voluntarily register copyright in the countries where this service is available. This will be available in most of the South-East Asian countries with the exception of Singapore, Brunei and Myanmar.

Software Patents
Patent law for software in South-East Asia varies significantly, with different requirements and guidelines issued by each jurisdiction. The requirements for patentability in most areas are similar to the EU. However as a developing area of law in this region, many patent offices rely on examination by external, more experienced Patent Offices such as those in the United States, Japan, South Korea and from the European Patent Office. This helps to streamline any patenting procedures for EU app developers as any established apps will already be registered with one or more countries in the EU. Without these foreign patent grants the application process can be delayed for at least five years in many South-East Asian countries.
Even with corresponding EU patents in hand, and being apps developed at very fast pace, patent applications often take a lot longer to be granted than the useful lifetime of many smartphone apps, and software patenting is of limited usefulness to the average developer.

Enforcement
App Store Dispute Resolution: First Line of Defense
The first line of defense when dealing with infringing material or apps is to directly contact the app store on which the infringing products are listed. Online content dispute resolution services are offered by both Apple and Google for their app stores. Through the online forms, developers can identify infringing material, provide evidence of their IPR ownership and request infringing apps be taken down.
Other stores run similar services, however where app stores servicing the Android platform in the area do not publish in English, it is often best to engage local legal representation when requesting removal of infringing content.
Prior to the dispute resolution process it is often wise for developers to gather evidence of any infringements to their IP. This can consist of screenshots of the infringing apps’ page on the relevant app store, any relevant download numbers and if possible, screenshots of the infringing items in the app itself (most modern smartphones have a screenshot function which makes this process easier). Notarizing this evidence will also be useful if it becomes necessary to take the case further or claim compensation.

Other Remedies
As for any other industry, civil, criminal and administrative procedures for IPR actions in case of trade mark, patent or copyright infringement, will be generally available in South-East Asia. However, the judicial experience and effectiveness of enforcement may vary across the different jurisdictions.  This means that app developers should keep in mind that different enforcement strategies apply for different countries and shall therefore consult with local experts to determine the best strategy for their case. Administrative enforcement is generally the fastest, cheapest and most effective way of enforcing IP rights in many South-East Asian countries. At the same time, in certain South-East Asian countries like Malaysia and Thailand, criminal actions are more effective at ending infringement because civil actions are lengthy and entail only negligible fines. Professional advice is crucial when trying to create the most cost effective IP enforcement strategy.

Take Away Messages

App developers should not forget to protect their brand. Reputation and names play a big part in consumer choices and infringement of company and software product trade marks can be a permanent damage.

Copyright registration of software offers a certain way to prove IP ownership in case there are any problems of IP infringement.  If an EU SME does not register its software through the relevant copyright registration system, it may be very difficult to prove ownership when enforcing the IP.

Patents provide longer terms of protection (20 years in most South-East Asian countries), but are expensive to procure and application times often outstrip the usefulness off software products.

App developers should also not leave themselves open to litigation and make sure to check in advance that their materials are not already registered domestically.

Infringement issues can often be dealt with quickly by directly contacting app stores.

IPRs are territorial and protection in other jurisdictions has no effect in South-East Asia. SMEs need to register early and make sure to protect all of their core IP or someone else will.

The South-East Asia IPR SME Helpdesk supports small and medium sized enterprises (SMEs) from European Union (EU) member states to protect and enforce their Intellectual Property Rights (IPR) in or relating to South-East Asian countries, through the provision of free information and services. The Helpdesk provides jargon-free, first-line, confidential advice on intellectual property and related issues, along with training events, materials and online resources. Individual SMEs and SME intermediaries can submit their IPR queries via email (question@southeastasia-iprhelpdesk.eu) and gain access to a panel of experts, in order to receive free and confidential first-line advice within 3 working days.
The South-East Asia IPR SME Helpdesk is co-funded by the European Union.
To learn more about the South-East Asia IPR SME Helpdesk and any aspect of intellectual property rights in South-East Asia, please visit our online portal at http://www.ipr-hub.eu/.

 

[1] iOS and Google Play combined figures www.appannie.com

Tin tức khác

Xem tất cả

February 16, 2024

[Work @ EuroCham] GEFE EXHIBITION PROJECT MANAGER – based in Ho Chi Minh City

Đọc thêm

February 15, 2024

[Work @ EuroCham] Operations Officer – based in Central Vietnam

Đọc thêm

January 30, 2024

[Work @ EuroCham] GREEN GROWTH SECTOR COMMITTEE & SUSTAINABLE FINANCE SECTOR COMMITTEE INTERN – based in Ho Chi Minh

Đọc thêm

January 26, 2024

EuroCham and VAFIE Discuss EU Investment Trends and Challenges in Vietnam

Đọc thêm

January 26, 2024

EuroCham Vietnam and Ho Chi Minh City unite for sustainability

Đọc thêm

January 26, 2024

EuroCham’s Construction Sector Committee: spearheading sustainable development in Vietnam’s construction industry

Đọc thêm

January 26, 2024

[CORPORATE SUPPORT] A smart factory for smart materials: BASF celebrates the inauguration of its TPU plant at the Zhanjiang Verbund site

Đọc thêm

January 24, 2024

EuroCham Vietnam and Ho Chi Minh City unite for sustainability

Đọc thêm

January 24, 2024

[CORPORATE PARTNER] PwC – Asia Pacific climate actions not on track: Moving beyond commitment and towards transformation

Đọc thêm

January 19, 2024

[EXTENDED DEADLINE] [Work @ EuroCham] GEFE Project Officer and GEFE Project MarCom Officer – based in Ho Chi Minh

Đọc thêm

January 19, 2024

Economic Insights Unveiled at “Economic Outlook 2024” Business Luncheon organized by EuroCham and BritCham

Đọc thêm

January 19, 2024

EuroCham Vietnam’s latest Whitebook proposes recommendations for boosting investment for a greener, more sustainable economy

Đọc thêm

January 19, 2024

[SUPPORTED CONTENT] PWC recently launched report on the impact of Corporate Sustainability Reporting Directive (CSRD)

Đọc thêm

January 19, 2024

EuroCham Construction Sector Committee Meets with Ministry of Construction to Foster Industry Dialogue

Đọc thêm

January 18, 2024

High-Level Hungarian delegation meets with EuroCham Vietnam, CEEC, and Consulate General of Hungary

Đọc thêm

January 12, 2024

EuroCham Rings in 2024 with Festive Celebration in Hanoi

Đọc thêm

January 12, 2024

Ringing in 2024 with Cheer at EuroCham’s New Year Celebration in Ho Chi Minh

Đọc thêm

January 05, 2024

Successful EuroCham Vietnam advocacy outcome regarding Circular on Nutritional Labeling

Đọc thêm

January 05, 2024

Vietnam’s business confidence gains traction in Q4 2023 amid challenges: EuroCham Vietnam Business Confidence Index (BCI)

Đọc thêm

January 05, 2024

Vice-Chairman Minh Nguyen continues tenure on Prime Minister’s Advisory Council for Administrative Procedures Reform

Đọc thêm

December 19, 2023

[Work @ EuroCham] MEMBERSHIP ASSISTANT – based in Ho Chi Minh

Đọc thêm

December 19, 2023

EuroCham’s constructive engagement at the Ministry of Foreign Affairs’ 21st National Conference on Provincial Affairs

Đọc thêm

December 15, 2023

Memorandum of understanding signing ceremony on enhancing the regulatory environment and healthcare access towards promoting technological advancements in the medical device sector

Đọc thêm

December 15, 2023

[Sector Committee Spotlight] Mobility Sector Committee

Đọc thêm

December 15, 2023

EuroCham’s mission to Da Nang: strengthening ties and showcasing investment potential in Central Vietnam

Đọc thêm

December 14, 2023

[CORPORATE PARTNER] BASF launches Irgastab® PUR 71, a cutting-edge antioxidant improving regulatory compliance and performance for polyols and polyurethane foams

Đọc thêm

December 08, 2023

[CORPORATE PARTNERS] BASF engages young minds in chemistry with two new Virtual Lab experiments in Vietnamese

Đọc thêm

December 08, 2023

[Event Recap][Breakfast talk] EuroCham Construction Sector Committee’s Successful HCMC Breakfast Talk on Designing with AI!

Đọc thêm

December 08, 2023

Vietnam enhances climate role at COP28 with JETP Resource Mobilization Plan

Đọc thêm

December 08, 2023

[CORPORATE PARTNERS] The Corporate Sustainability Reporting Directive (CSRD) is resetting the value-creation agenda

Đọc thêm

Pour une expérience optimale, veuillez tenir votre mobile à la verticale !

Đối tác Bạch kim

Đối tác cao cấp vàng

Đối tác vàng

Đối tác Bạc

Đối tác dịch vụ cao cấp