Intellectual property law in Southeast Asia : Recent legislative and institutional developments

Over the last few decades, countries belonging to the Association of Southeast Asian Nations (ASEAN) all had to revise their intellectual property systems. These revisions resulted at first from bilateral pressure of major trading partners such as the US and EU, then from the WTO-TRIPS Agreement and more recently from bilateral Free Trade Agreements. To observe the IP developments in ASEAN over this period is interesting, because this group of countries covers developed (Singapore), developing as well as least developed countries. All countries had to reform their outdated laws from the colonial era in very short time. However, in comparison to the early 1980s, important differences with regards to intellectual property policies have emerged in recent years.

This article will briefly sketch the developments in individual ASEAN countries and after that examine some broader trends in law making, IP administration, enforcement and the court system. It concludes that the ASEAN enlargement process has created a very diverse picture with regards to IP. With the fast pace of the legislative development, countries have been struggling to keep up with the creation of the institutional and administrative framework. Progress in the ASEAN harmonisation process has been limited. Statistics indicate that some of the new laws have been reasonably well received at the domestic level, while the patent sector remains foreign dominated.

Traditional knowledge, biological resources and intellectual property rights in Asia : the example of the Philippines

The relationship between traditional knowledge and intellectual property rights has become a topic for intensive debates at the national level, in various international settings and within and among different UN agencies, including the World Intellectual Property Organisation (WIPO), the UN Food and Agriculture Organisation (FAO), UNESCO, UNCTAD and the United Nations Environment Programme (UNEP). However, a consensus on a definition of traditional knowledge has yet to emerge due to persistent differences in perception. On the one hand, indigenous communities hold locally specific and holistic views of traditional knowledge, which are difficult to place within the framework of current intellectual property rights. Governments of developing countries, on the other hand, mostly focus on clearly defined aspects of traditional knowledge and their interpretation in the national interest and as expressions of national culture. Asian governments, in particular, have advocated the latter view. The Philippines provide an exception due to a tradition of recognising indigenous people as separate "cultural communities". However, the practical implementation of so-called "community intellectual rights" thus far is largely confined to access and benefit sharing rules, compensation requirements for traditional farmers and defensive protection measures such as digital libraries documenting traditional knowledge.

Intellectual property, creativity and innovation : IP models and the political economy of developing Asia

In advanced capitalist societies, intellectual property laws protecting such subject matter as copyright and patents are justified by a combination of theories, which include the provision of economic incentives to foster creativity and innovation and the prevention of unfair competition. IP academics and policy makers have differing views about the appropriate balance between these objectives and public interest considerations such as health, education and the protection of the environment. These different views entered the policy debate in Asian developing countries in connection with an unprecedented introduction and expansion of IP laws over the last 25 years. This paper will use case studies of law reform from Asia, in particular Southeast Asia, to show that the policy considerations of governments in reforming their laws were often quite different from the standard rationale mentioned above. As much of the IP was, at least initially, held by foreigners and introduced to attract foreign investment, national development considerations were joined with the more commonly quoted objectives to promote the rights, creativity and innovation of individuals. Such national development objectives at times coincided and at other times collided with official explanations and received wisdom about the effects of stronger IP rights.

Especially in the early postcolonial period, copyright laws and other IP laws were frequently restricted or simply not implemented, if they conflicted with development policies in areas such as education or public health. Such policies were slowly changing in the wake of WTO-TRIPS and other international agreements. Nevertheless, the implementation and enforcement of the IP laws has been uneven. Specialised institutions such as courts and IP administering agencies compete with other branches of government and administration for limited funding and a rich repertoire of informal dispute settlement procedures has kept the number of court cases relatively low. In some countries, censorship laws have influenced freedom of expression and led to quite idiosyncratic interpretations of intellectual property laws. Governments often also retain a role in the assessment of licensing and technology transfer contracts. And while there are many programs to foster individual creativity, in most cases R & D activities are still largely taking place in government institutions and this has influenced the thinking about intellectual property rights and creativity in the context of employment.

The paper uses a few case studies to examine the implementation of IP laws in selected Asian developing countries to point to the quite different institutional setting for IP law reform in comparison to European or American models. It reaches some tentative conclusions as to the likely effects on creativity and innovation under these different circumstances.

UV absorption property of bamboo

This article describes ultra violet (UV) light shielding behaviour of Australian grown bamboo (Phyllostachys pubescens). Optical reflectance showed that untreated bamboo plant has UV absorption properties. To reveal the origin of the UV absorption property, its chemical components were extracted using several polar and non-polar solvents. The extracts in most of the polar and non-polar solvents showed UV absorption property. Protic polar solvents showed better ability to extract UV absorbing chemicals than aprotic and non-polar solvents, except hexane. The chemical components of bamboo were analysed by FT-IR spectroscopy and the findings were correlated with the UV absorbance characteristics. The results confirmed that the UV absorption ability of bamboo originates from nothing but lignin. It is thus indicated that the conventional methods to manufacture bamboo fibres, such as complete degumming or viscose methods, that involve the removal of lignin, cannot retain the unique UV absorption property of bamboo plant in bamboo fibres.

Application of advanced analytical techniques to study structure-property relationship of hot rolled high strength low alloy steel

The microstructure-property relationship in conventional high strength low alloy (HSLA) steel was evaluated using data obtained from transmission electron microscopy (TEM) and atom probe tomography (APT). Atom probe tomography allowed the characterisation of fine TiC particles with average radius of 3±1·2 nm that were not observed by TEM. The increase in the yield strength of steel due to the presence of fine precipitates was calculated to be 128 MPa.

Commonising the enclosure : online games and reforming intellectual property regimes

Online computer gamers are a creative bunch, from the mayhem of first-person shooters (FPS) to the more social experiences of massive multiplayer online role-playing games (MMORPG), gamers are producing new content for their favourite titles at an amazing rate. This paper explores the rewriting of the boundaries in the production and ownership of intellectual property in the computer games industry. The purpose is to examine the potential for computer game studies to contribute to an understanding of an alternative intellectual property regime known as the commons. This paper will explore how computer games users establish commons-like formations, specific to the digital environment, that extend the confines of current intellectual property rights. It will argue that the productive activities of online gamers are not motivated by the traditional logic of market-based incentives. This represents a new condition which may contribute to a reformation of the privatising enclosure of the intellectual property system.
Keywords: massive multiplayer online

A note on the property rights theory and the ex ante value of information

This paper examines the ex ante value of information in the property rights model where the possibility exists that an investing agent can be provided with relevant information before investments are undertaken. When contracts are incomplete, from an ex ante perspective, informing the investing agent does not necessarily increase the expected surplus resulting from a relationship between two economic agents. The paper highlights the fact that the second-best nature of the problem that arises from contractual incompleteness can ensure this.

Local structure and photocatalytic property of sol-gel synthesized ZnO doped with transition metal oxides

ZnO nanoparticles doped with up to 5 at% of Co and Mn were prepared using a co-precipitation method. The location of dopant ions and the effect of doping on the photocatalytic activity were investigated. The crystal structure of nanoparticles and local atomic arrangements around dopant ions were analyzed by X-ray absorption spectroscopy. The results showed that the Co ions substituted the Zn ions in the ZnO wurtzite phase structure and induced lattice shrinkage, while Mn ions were not completely incorporated in the crystal lattice. The photocatalytic activity under simulated sunlight was characterized by the decomposition of Rhodamine B dye molecules. It was revealed that Co-doping strongly reduced the photocatalytic activity but Mn-doping showed a weaker effect on the reduction of the photoactivity.

The effect of alternate heating rates during cure on the structure-property relationships of epoxy/MMT clay nanocomposites

This paper investigates the effect of both the mixing technique and heating rate during cure on the dispersion of montmorillonite (MMT) clay in an epoxy resin. The combination of sonication and using a 10. °C/min heating rate during cure was found to facilitate the dispersion of nanoclay in epoxy resin. These processing conditions provided a synergistic effect, making it possible for polymer chains to penetrate in-between clay galleries and detach platelets from their agglomerates. As the degree of dispersion was enhanced, the flexural modulus and strength properties were found to decrease by 15% and 40%, respectively. This is thought to be due to individual platelets fracturing in the nanocomposite. Complementary techniques including X-ray diffraction (XRD), small angle X-ray scattering (SAXS), scanning electron microscopy-energy dispersive X-ray spectroscopy (SEM-EDX), transmission electron microscopy (TEM) and optical microscopy were essential to fully characterise localised and spatial regions of the clay morphologies.

The origin of the antibacterial property of bamboo

Bamboo is an eco-friendly and multifunctional plant. Bamboo clothing has recently entered the textile market with a claim for its antimicrobial properties, but without scientific evidence. In this study, the antibacterial activity of plant extracts from Australian-grown bamboo (Phyllostachys pubescens) is investigated. Bamboo extracts were made using water, dimethyl sulphoxide (DMSO) and dioxane and their antibacterial properties were compared against Gram-negative bacteria, Escherichia coli. It was found that the extract made in 20% DMSO aqueous solution showed weak antibacterial activity, whereas the extract made using 90% dioxane aqueous solution exhibited strong antibacterial activity, even after 20 times dilution. The results indicate that antibacterial agents of P. pubescens are located in lignin, not in hemicellulose or other water-soluble chemical components.

Microstructure-property relationship of the high strength low alloy steels during tensile testing at high strain rates

Positive The influence of strain-rate on the room temperature mechanical properties of the Dual-Phase and Transformation Induced Plasticity (TRIP) steels was investigated.The results showed that both the plastic strain, and strength properties increased with increasing strain rates at high strain rates.At strain rates lower than approximateil 1s ~ (-1) the properties no longer have an advantageous proportionality to strain rate and remain strain rate neutral.Possible explanations are offered for trends exhibited, in terms of thermal and athermal considerations, in relation to the respective microstructures of the two steels

Virtual property theft detection framework

 The issue of virtual property theft in virtual worlds is a serious problem which has ramifications in both the real and virtual world. Virtual world users invest a considerable amount of time, effort and often money to collect virtual property items, only to have them stolen by thieves. Many virtual property thefts go undetected, with thieves often stealing virtual property items without resistance, leaving victims to discover the theft only after it has occurred. This paper presents the design of a detection framework that uses an algorithm for identifying virtual property theft at two key stages: account intrusion and unauthorized virtual property trades. Initial tests of this framework on a synthetic data set show an 80% detection rate with no false positives. This framework can allow virtual world developers to tailor and extend it to suit their specific virtual world software and provide an effective way of detecting virtual property theft while being a low maintenance, user friendly and cost effective.