Malaysia: The Regional Comprehensive Economic Partnership (RCEP) Agreement's chapter on Intellectual Property

In brief

After almost a decade of negotiations, the Regional Comprehensive Economic Partnership (RCEP) Agreement was signed on 15 November 2020 by 10 ASEAN member states, along with Australia, China, Japan, New Zealand and South Korea.

The RCEP is the largest regional free trade agreement outside the WTO, and its member states account for approximately 30% of the world's gross domestic product (USD 26.3 trillion) and 30% of the world's population (2.3 billion). Its overarching aim is to establish a modern, comprehensive and mutually beneficial economic partnership that brings together countries with diverse levels of development, fuels regional value chains and promotes international trade and investment.

The agreement comprises 20 chapters with specific provisions covering, amongst other things, intellectual property, trade in goods, trade in services, investment, competition and e-commerce. In this Client Alert, we set out the key highlights of the intellectual property chapter of the RCEP Agreement.


Contents

We summarise the key provisions of the intellectual property chapter of the RCEP Agreement below:

  • Each Party to the RCEP Agreement has agreed to ratify or accede to several key multilateral agreements which relate to the protection of intellectual property rights, including (i) the Berne Convention for the Protection of Literary and Artistic Works (which protects copyright), (ii) the Patent Cooperation Treaty (which protects patents), and (iii) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (which protects trade marks). Malaysia has ratified or acceded to all such agreements save for the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled.
  • Subject to certain exceptions, each Party must generally accord to the nationals of other Parties at least the same treatment that it accords to its own nationals for the protection of IP.
  • Minimum requirements for the protection, registration and enforcement of copyright, trade marks, geographical indications, patents, industrial designs, unfair competition, domain names and confidential information are set out in the RCEP Agreement, which Malaysia's current legal regime is generally aligned with.
  • The RCEP Agreement also highlights a need to foster greater dialogue between member states and encourages cooperation on border measures with a view to eliminating international trade in pirated and counterfeit goods.
  • Finally, there is an emphasis on ensuring enforcement procedures should be available to the same extent with respect to acts of IP infringement in the digital environment.

LOGO Malaysia_Wong & Partners_KualaLumpur 

This client alert was issued by Wong & Partners, a member firm of Baker McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Contact Information

© 2021 Baker & McKenzie. Ownership: This site (Site) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms, including Baker & McKenzie LLP). Use of this site does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All information on this Site is of general comment and for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulation and practice are subject to change. The information on this Site is not offered as legal or any other advice on any particular matter, whether it be legal, procedural or otherwise. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any information provided in this Site. Baker McKenzie, the editors and the contributing authors do not guarantee the accuracy of the contents and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this Site. Attorney Advertising: This Site may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Site may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. All rights reserved. The content of the this Site is protected under international copyright conventions. Reproduction of the content of this Site without express written authorization is strictly prohibited.