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Asean (Association of Southeast Asian Nations) : New trends in the autonomous vehicle patent landscape in Southeast Asia

According to the World Intellectual Property Organization (WIPO) And World Bank data, Southeast Asia is attracting unprecedented interest as a destination for patent applications, In the Association of Southeast Asian Nations ( "Asean (Association of Southeast Asian Nations) " ) The proportion of applicants applying for patents in member States is increasing every year. however, As in the European Journal of Research "TalTech Journal of European Studies" (TJES) As detailed in a report, The autonomous vehicle technology patent landscape in the region is still in its infancy, And this early stage is mainly due to the slow development of the law, Not keeping up with the pace of self-driving car technology.

 

Singapore: The ASEAN region is an exception

 

Singapore is an exception, Legislative advances in the country have facilitated the development of autonomous vehicle technology. 2017Annual revision "1961Road Traffic Law" Allow trial and use3level, 4Lv OR5Class self-driving cars. 0Level refers to "Autonomous driving" , 5Level refers to "Fully automated driving" . In addition, Intellectual Property Office of Singapore in2020years5The Patent Fast Track program, launched last month, has significantly shortened the process from patent application to grant (from2Shorten to6month) . therefore, Singapore at KPMG2020released "Self-driving cars prepare index reports" China is leading the way in terms of readiness to adopt autonomous driving technology. As expected, Singapore is listed in the report30The only country in Southeast Asia to be included.

 

Myanmar's bleak outlook

 

In stark contrast to this, Burmese2019A new patent law enacted in 2005 has not yet come into effect. As in the legal journal "Guide to international Comparative law" reported, Due to potential challenges in litigation or dispute resolution, The patent law is moving slowly, Consider some other complications, Foreign investors have been put off by the country's autonomous vehicle technology sector.

 

Patent protection and market share in major ASEAN markets

 

There is a clear gap between the patent protection filed by autonomous vehicle technology companies in key Southeast Asian markets and the market share they occupy. "2020years—2021Asean Investment Report" stress, In Thailand, 2010years—2019Of all the patents registered, only7%And industry4. 0technology-related.

 

Lawsuits and the threat of patent trolls in the field of self-driving car technology

 

Southeast Asia IP SME Service Desk (South-East Asia IPR SME Helpdesk) An overview of potential litigation in this area is provided, Especially from non-practicing entities (NPE) or "Patent troll" Action of. These entities acquire and hoard patents, Seek economic benefits in the form of licenses and royalties. Patents related to communications and computer-related technology topics are typical features of most autonomous vehicle technologies, Particularly prone to litigation.

 

The bright side of the challenge: 5GTechnological prospect

 

Despite the challenges, but "2020years—2021Asean Investment Report" It brings hope to people, The report states that, Launched by ASEAN countries5GThe technology contracts could spur self-driving car technology companies to enter these markets, And will accelerate the adoption of support in autonomous vehicles5GSoftware and intelligence-based technologies.

 

As in2023As observed at the third annual Indian Electric Vehicle Summit, Patent applications in the self-driving car technology industry are beginning to see the participation of technology companies. Parent company of GoogleAlphabetcorporation, Baidu Inc andLGCompanies and other tech giants are actively filing patent applications in this area.

 

Cooperation is better than litigation: Prospective approach

 

From a patent law point of view, A self-driving car is a vehicle equipped with advanced technology, Multiple patents owned by different corporate entities are required. therefore, The ecosystem requires collaboration between the automotive and tech sectors, This can be translated into licensing and cross-licensing agreements, Rather than the protectionism of individual patents.

 

Independent patent licensing marketAvanciIs an example of such cooperation, Car manufacturers can obtain technology patents from companies such as Nokia and Ericsson. This method avoids litigation, It has promoted constructive progress in the autonomous vehicle technology industry. (Be compiled fromwww. lexology. com)

 

TRANSLATORS: Wang Dan proofread: Rason group



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