The EU-ASEAN Project on the Protection of Intellectual Property Rights (ECAP III) was approved by the European Union and the ASEAN Secretariat in a Financing Agreement signed in 2009. Phase I was implemented by the European Patent Office (EPO) in 2010 and 2011.
In 2012, the European Union and ASEAN reformulated the project content so as to have it realigned in accordance with the ASEAN IPR Action Plan 2011-2015. The European Union Intellectual Property Office (EUIPO) was entrusted with the implementation of Phase II within a revised timetable. The changes to the original project were approved in an Addendum to the EU-ASEAN Financing Agreement signed by the EU and ASEAN in September 2012. Annex II to that Addendum (Technical and Administrative Provisions or TAPS) provided for a revised set of expected results and project activities to be implemented over the period 2013-2015, with a focus on regional cooperation in the areas of trade marks, industrial designs, geographical indications and IP enforcement.
EUIPO took over the responsibility to implement ECAP III Phase II on the basis of a Working Agreement with the European Commission signed in October 2012. In February 2016 an Addendum to the Working Agreement between the European Commission and EUIPO was signed, reflecting the extension of the implementation period of the project until February 2017, with no changes in the content and basis of the project.
The overall objective of ECAP III Phase II is “to further integrate ASEAN countries into the global economy and world trading system to promote economic growth and reduce poverty in the region”. The specific objective is “to support ASEAN regional integration and further upgrade and harmonize the systems for IP creation, protection, administration and enforcement in the ASEAN region, in line with international IP standards and with the ASEAN IPR Action Plan 2011-2015”. The project will contribute to the following strategic goals identified by ASEAN in their Action Plan:
ECAP III Phase II comprises four components:
ECAP III Phase II focuses on developing a common approach within the ASEAN region in the areas of trade marks, industrial designs, geographical indications and IP enforcement. The project consists of a series of coordinated activities at the regional level aimed at ASEAN as a whole with strong emphasis on regional cooperation, coordination and harmonization among the ASEAN Member States within the framework of the ASEAN Economic Community Blueprint.
All the ASEAN Member States are entitled and encouraged to participate in the project activities. The project offers the necessary flexibility for each individual AMS to join the regional activities of their interest at the time they consider it appropriate. In view of their higher level of needs, and as stipulated in the TAPS agreed between the EU and ASEAN in 2012, Cambodia, Lao PDR and Myanmar receive particular attention so as to facilitate their full participation in the project initiatives.
The project takes into account and seeks complementarity with national IP capacity building activities planned or underway in individual ASEAN countries with the support of other programmes financed by the EU, the EU Member States and other donors. Similarly, the project seeks complementarities with other relevant cooperation initiatives of a regional nature being undertaken within the ASEAN region with the support of the EU or other donors.
The 2012 Addendum to the EU-ASEAN Financing Agreement identifies four main results that are expected to be achieved by the project by the end of February 2017. They are correlated to the four project components, as follows:
Component I | Administration and Enforcement |
Project Result I |
Strengthened capacity of the administration to deliver quality registration services and enhanced enforcement of IP rights in the ASEAN countries |
Component II |
Legal and Policy Frameworks |
Project Result II |
Enhanced legal and policy frameworks enabling the participation of the ASEAN countries in the global protection systems for brands |
Component III |
Brand Development (Productive Sector) |
Project Result III |
Improved capacity of the productive sector in the ASEAN countries, especially SMEs, to create, protect and manage their own brands by using IP as a tool for development |
Component IV |
Regional Integration and Collaboration |
Project Result IV |
Enhanced IP integration within the ASEAN region and strengthened IP collaboration among ASEAN Member States and with the ASEAN Secretariat (ASEC) |