Legal Protection of Intellectual Property Rights in the Free Trade Agreement Between ASEAN and Japan Choirunnisa

The rapid development of global trade has made the protection of Intellectual Property Rights (IPR) an increasingly important aspect of international economic cooperation. One significant regional effort in this context is the ASEAN-Japan Comprehensive Economic Partnership (AJCEP), a free trade agreement that not only regulates the flow of goods and services but also addresses the legal framework for IPR protection. This study examines how IPR protection is structured within the AJCEP and analyzes whether the legal instruments provided are sufficient and effective in safeguarding the rights of creators, innovators, and businesses in both ASEAN countries and Japan. The research uses a normative legal method, focusing on the treaty text, relevant national laws, and international agreements such as the TRIPS Agreement under the WTO. The analysis also considers real-world cases and legal challenges that have emerged since the AJCEP was enacted. Findings suggest that while AJCEP makes a solid legal foundation for IPR protection, its implementation still varies significantly across ASEAN member states due to differences in legal infrastructure, enforcement capacity, and local policy priorities. As a result, legal certainty and uniformity in IPR protection remain key issues. This paper concludes by recommending stronger regional legal harmonization, capacitybuilding in IPR enforcement, and more active dispute resolution mechanisms to ensure that IPRs are effectively protected under the ASEAN-Japan trade framework.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-09-20
DOI
https://doi.org/10.5281/zenodo.17163696
Primary Topic
Geochemistry and Geologic Mapping
Type
article
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article

Legal Protection of Intellectual Property Rights in the Free Trade Agreement Between ASEAN and Japan Choirunnisa

Zenodo (CERN European Organization for Nuclear Research)
Geochemistry and Geologic Mapping
article

Legal Protection of Intellectual Property Rights in the Free Trade Agreement Between ASEAN and Japan Choirunnisa

article en

Abstract

The rapid development of global trade has made the protection of Intellectual Property Rights (IPR) an increasingly important aspect of international economic cooperation. One significant regional effort in this context is the ASEAN-Japan Comprehensive Economic Partnership (AJCEP), a free trade agreement that not only regulates the flow of goods and services but also addresses the legal framework for IPR protection. This study examines how IPR protection is structured within the AJCEP and analyzes whether the legal instruments provided are sufficient and effective in safeguarding the rights of creators, innovators, and businesses in both ASEAN countries and Japan. The research uses a normative legal method, focusing on the treaty text, relevant national laws, and international agreements such as the TRIPS Agreement under the WTO. The analysis also considers real-world cases and legal challenges that have emerged since the AJCEP was enacted. Findings suggest that while AJCEP makes a solid legal foundation for IPR protection, its implementation still varies significantly across ASEAN member states due to differences in legal infrastructure, enforcement capacity, and local policy priorities. As a result, legal certainty and uniformity in IPR protection remain key issues. This paper concludes by recommending stronger regional legal harmonization, capacitybuilding in IPR enforcement, and more active dispute resolution mechanisms to ensure that IPRs are effectively protected under the ASEAN-Japan trade framework.

Zenodo (CERN European Organization for Nuclear Research)
Diponegoro University (ID)
Partnerships for the goals
Openalex Percentile: Top 33%
Geochemistry and Geologic Mapping
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