IP Enforcement and Counterfeiting in South and Southeast Asia: A Western Perspective Based on the USTR 301 Report

Abstract

In the rapidly changing world backed with technological advancement, need for innovation, rising economic growth and international trade call for an informed intellectual property (IP) protection. Rich and developing nations implement and enforce these IP rights and rules in various manners which often results in disputes. The countries in global south, particularly in South and Southeast Asia, highlight the presence of challenges around IP, where counterfeit markets are accepted and widely spread which in turn attracts criticism from the western nations. Countries such as China, India, Indonesia and Vietnam are one of the major producers and distributors of counterfeited goods. They are often flagged, and these products undermine global IP framework and create hindrances for legitimate businesses and pose risk to consumer safety. The present study underscores how the IP practices of South and Southeast Asia are perceived by the western countries with a special focus on counterfeit market by using the United States Trade Representative [USTR] Special 301 Report as the basis for analysis. The Report recognizes nations with inadequate protection to their Intellectual Property or which have barriers to market access. The paper accesses the factors that sustain such markets inclusive of weak enforcement mechanisms, economic incentives, community stance and cultural determinants. While doing so, it also critics the USTR report as a tool for advancing western economic interest and imposing IP measures that surpasses the basic requirement of the TRIPS agreement. The research questions the ability of nations in South and Southeast Asia to balance domestic interests and global IP requirements. It presses for a more equitable and non-discriminatory approach to IP governance that takes into account the varying geo-specific socio-economic realities in every region as it addresses the new issue of counterfeiting.