The ASEAN Guide to IP Protection: Introduction

05 November 2025

The ASEAN Guide to IP Protection: Introduction

With a combined population of over 700 million, growing purchasing power, and some of the world’s fastest-rising economies, the ASEAN region is rapidly emerging as a global powerhouse. Positioned strategically between major global markets such as China and the United States, ASEAN is not just an industrial hub today, but an economic and innovation arena poised to shape the future of commerce, technology and intellectual property. As the region continues to strengthen integration through initiatives like the ASEAN Economic Community (AEC) and various digital transformation programmes, ASEAN is no longer just a passive participant on the world stage, but is an active and collective force driving innovation and economic resilience.

In October 2024, Malaysia took on the ASEAN Chairmanship with much optimism and pride following the handover from Laos. This role arrives at a pivotal time when innovation, digital transformation and intellectual property protection are central to ASEAN’s economic future. Under the theme ASEAN Matters: Building a Sustainable and Inclusive Future, Malaysia’s leadership offers a unique opportunity to strengthen the implementation of the Action Plan, promoting harmonized, effective, and forward-looking IP enforcement across the region.

Malaysia’s progressive development of a comprehensive IP framework positions it well to contribute meaningfully to regional IP advancement. Built on modern and continuously evolving statutes, and supported by enforcement and coordination among the Intellectual Property Corporation of Malaysia (MyIPO), the Ministry of Domestic Trade and Cost of Living (MDT), the Royal Malaysian Police (RMP), the Royal Malaysian Customs Department (Customs) and various other authorities, including the newly established Malaysia Border Control and Protection Agency (AKPS), this framework provides a strong foundation for Malaysia to build upon on a regional level. The coherence between legislation and enforcement enables Malaysia to contribute credibly to the implementation of the Action Plan and working together with its neighbours in the region.

A central element of the Action Plan focuses on improving enforcement mechanisms across both physical and digital spheres. Malaysia’s experience is particularly relevant here, especially through the collaboration between Malaysian enforcement authorities with the International Trademark Association (INTA) under the Action Plan framework.

This collaboration illustrates how Malaysia’s enforcement institutions are not only adapting to the realities of digital trade but are also helping shape ASEAN’s collective approach to IP protection. By sharing expertise gained from these initiatives, Malaysia can lead regional discussions on harmonised online enforcement protocols, encourage stronger cooperation between IP and customs authorities, and support capacity-building for enforcement officers across member states. 

As Chair, Malaysia’s leadership provides ASEAN with an opportunity to translate the aspirations of the ASEAN IPR Action Plan 2026-2035 into concrete, measurable progress. Through partnerships, policy alignment, and practical cooperation, Malaysia can help ensure that ASEAN continues to evolve into a region where IP rights are respected, enforcement is consistent, and innovation can flourish in both traditional and digital marketplaces.

This ASEAN Guide to IP Protection provides a comprehensive overview of the evolving landscape of IP protection across the ASEAN region. It examines the legal foundations, enforcement mechanisms and inter-organization cooperation efforts that underpin IP systems in each member state, while highlighting regional initiatives such as the ASEAN Intellectual Property Rights Action Plan 2026-2035 and the ASEAN IP Portal


About the author

 Karen Abraham

Karen Abraham

Karen Abraham is the head of the IP department of Shearn Delamore & Co. Her practice covers all aspects of intellectual property, technology, media and telecommunications, data protection and competition law. She has more than 30 years of litigation experience in IP matters, appearing in the apex courts in Malaysia. The Malaysian law journals bear testimony of how she has been instrumental in setting precedent in IP jurisprudence thereby establishing and evolving IP infrastructure in Malaysia over three decades. Abraham regularly provides legal counsel on all allied IP rights and advises on compliance and regulatory matters relating to food and drugs, domain name disputes, licensing, franchising, merchandising, commercial sales contracts, sponsorship, advertising and entertainment, and media broadcasting laws. Abraham is also experienced in all aspects of information technology, ecommerce, and telecommunications related matters and cyber laws. Abraham also works very closely with the Malaysian Ministry of Domestic Trade and Consumer Affairs (MDTCA) who are vested with the powers of enforcing IP rights under the existing IP legal regime including under trademarks and copyright, consumer protection and trade description legislations.

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