How crucial is intellectual property for business growth, particularly in specialised industries?
Intellectual Property (IP) is crucial for business growth and risk reduction in any industry. IP provides legal protection, enhances competitive advantage, generates revenue, and ensures financial and operational stability. By strategically managing IP assets, businesses can safeguard their ideas and innovations, build strong market positions, and mitigate both internal and external risks.
How do you stay updated on intellectual property law trends and integrate them into your practice?
The first priority is to be updated on business trends. Since business constantly responds to or creates consumer needs, it is dynamic and constantly changing. The law always has to play “catch up” with business. Once the business model is well understood, the next step is to apply the law as it pertains to the business.
My team and I continually attend relevant training by IP regulators and specialised IP associations both in Singapore and globally. We also keep ourselves updated with the latest decided cases from our Singapore courts as well as other countries. Networking with our counterparts in Singapore and globally facilitates the exchange of ideas in the practice of IP law.
What are the key intellectual property considerations for international businesses entering Asia Pacific?
Understanding local IP, business laws and regulations is key. Unlike regions like the Middle East, Europe, or the Americas, where countries in each region often have similar laws and regulations, the laws and regulations of countries in the Asia Pacific region are as diverse as the cultures of each country.
Another important factor is understanding local cultural sensitivities. Since IP involves both legal and business aspects, a successful IP strategy must consider the language and culture of the consumer. For example, a simple English word used in a brand name may sound inappropriate in a local language.
Additionally, staying informed about government policies and initiatives related to business and IP is crucial, as they can impact business operations and IP strategies. Engaging in lobbying and advocacy efforts can influence IP and business policy development and enforcement practices.
Lastly, leveraging regional initiatives that aim to harmonise IP laws and practices across Asia, and utilising trade agreements like the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), can help strengthen IP protection.
What inspired you to establish a specialised IP law practice, and how has your vision evolved?
I have been practising IP law for more than 25 years. At the start of my practice, my clientele consisted of foreign IP owners from western countries, Japan, Korea, and Taiwan, who understood the value of IP, hence investing in IP protection was a given.
However, this was not the case for Singaporean businesses. Around 2000, I started noticing larger Singapore SMEs beginning to take an interest in IP. However, since the traditional law firm works on a business model of “billable hours”, it was very difficult to service the Singapore SMEs.
In-depth IP knowledge could not be shared within a few hours. I saw a need for Singapore SMEs to receive proper IP advice and realised the only way to do that was to establish my own firm, free from the constraints of billable hours.
Alpha & Omega Law Corporation turns 21 this year and we still keep our focus on helping and sharing with Singapore SMEs.
What are the main challenges and opportunities you foresee in intellectual property law in the future through the advancement of technology?
Some challenges include determining IP ownership for AI-generated creations and whether AI can be considered an inventor, as advancements in technology raise questions about how to allocate rights.
Advances in biotechnology, such as gene editing, present ethical and legal dilemmas regarding patentability and the scope of IP protection.
Additionally, the global nature of e-commerce platforms, combined with the Internet’s anonymity and lack of verification standards, has increased website impersonations and counterfeit listings, making it easier for counterfeit goods to cross borders while complicating enforcement efforts.
Lastly, striking a balance between incentivising innovation through strong IP protections and ensuring public access to essential technologies, such as life-saving drugs and clean energy solutions, is an ongoing challenge.
On the other hand, opportunities exist with blockchain technology, which can enhance IP management by providing indisputable records of IP ownership, transactions, and licensing agreements, thereby reducing disputes and improving transparency.
AI can also be used to monitor and detect IP infringements more efficiently, such as identifying counterfeit products or unauthorised use of copyrighted materials online.
Finally, leveraging digital platforms to educate creators, businesses, and the public about IP rights can enhance awareness and compliance.
Can you share a life experience that shaped you both personally and professionally?
Life experiences over nearly six decades have shaped me personally and professionally. I grew up in a lower-middle class, traditional Catholic family. My parents emphasised strong family values, including integrity, kindness, diligence, sharing, adaptability, and supporting one another.
I bring these same values to my professional life. These lessons continue to guide me as I navigate the complexities of protecting and enforcing IP rights in a globalised world for my clients.
Share a favourite book/movie/TV show that has left a lasting impression on you, and why?
The Secret Seven and Famous Five books by Enid Blyton, as well as the Hardy Boys and Nancy Drews series, brought adventure, suspense, excitement, and imagination into my life while growing up many decades ago – especially during school holidays when there was nothing to do!
If you could turn back time, what advice would you give to your younger self?
Don’t chase the corporate ladder; be yourself and believe in your abilities. Be grateful for everything, especially the challenges. Enjoy the outdoors and sports, and always put others first.
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