Safeguarding IP rights in Southeast Asia: strategies for success

As Chair of the Finland–Southeast Asia Business Association, I meet Finnish companies at every stage of internationalization. When a company expands, whether through exporting or investing, its intangible assets take center stage. Why? Because cross-border activity magnifies, not only the growth of IP value but also risk and complexity: the likelihood of IP theft increases as products, code, and know-how circulate; your Finnish trade name or company registration provides no brand rights abroad; and clear, comprehensive written contracts become essential to avoid disputes.

Add to this first-to-file trademark systems, uneven enforcement, complex language and classification requirements, platform-driven sales channels, and longer legal lead times—together, these factors make proactive IP management business-critical.

Although this brief article focuses on Southeast Asia, the guidance applies to all international markets, not only ASEAN countries. As a trademark and brand rights attorney by profession, I advise companies on acquiring, managing, enforcing, maintaining, and utilizing brand rights across Southeast Asian markets.

The IPR landscape in Southeast Asia

Regional frame: Most ASEAN countries adhere to TRIPS and the Paris Convention; many participate in the Madrid System of international registration of trademarks and PCT (patents). Harmonization is improving, but enforcement remains national, and practices vary by country.

Singapore offers the best situation, not surprisingly, with its predictable and efficient IP environment with strong enforcement. This makes the country a popular hub for IP holding and licensing. Vietnam has a fast-maturing system with heightened consumer brand awareness, but timelines can be longer, and evidence quality is decisive in disputes or infringement cases. Thailand maintains solid trademark practices, and customs recordation and market sweeps serve as effective tools against counterfeits. Malaysia is known for efficient filings and a recognized trade secret regime, making it practical for manufacturing companies. Indonesia presents a large, complex market where early filings are essential. Companies should watch for business name conflicts and marketplace misuse. The Philippines shows active IP rights awareness in tech and consumer sectors, where formalities matter—plan for buffer time.

Own your brand: IP registrations are essential

It's vital to ensure your company owns the commercially important brand elements in each target country. This begins with registering trademarks and logos for the products and services you sell locally. It's often prudent to protect English versions, local-language versions, and transliterations of your brand names.

You should also:

  • Register unique designs for your product's look and feel, including packaging where it influences purchasing decisions.

  • Register relevant domain names—particularly country-code top-level domains—and reserve key social media and platform usernames.

  • Ensure copyrights in software, content, and other creative assets are clearly owned by the company, with explicit assignment clauses in all partner agreements.

Even if you decide not to pursue exclusive registrations, you must ensure that no third party holds prior, identical, or confusingly similar rights that could block your use or expose you to infringement claims in the target country. Always conduct clearance and registrability searches in each target market before launch, and where exclusive rights are warranted through registrations, file early in first-to-file systems.

Clear IPR clauses in agreements with local partners

Build carefully drafted and clear IPR clauses into all agreements with local distributors, agents, and other partners. These clauses should:

  • Specify the licensed trademarks (or other intellectual property), sales channels, territories, quality controls, and usage guidelines during the license term.

  • Provide for automatic termination of all brand usage rights when the cooperation ends, requiring swift de-branding and appropriate handling of remaining inventory.

  • Require partners to monitor the local market for potential infringements and report them promptly, with predefined escalation workflows.

  • Explicitly prohibit partners from registering any brand rights—trademarks, domain names, social media usernames, or designs—in their own name.

  • Prohibit partners from marketing or selling under any other mark, or from rebranding or repackaging, without prior written consent.

  • Ensure all goodwill accrues to you and that any improvements or local adaptations are assigned to you.

  • Where required, record licenses to preserve enforceability and enable customs actions.

Clear IPR clauses minimize the risk of infringement and loss of IP rights while clarifying what partners may and may not do.

Managing and enforcing IP rights effectively

Maintain centralized ownership of IP rights in the parent company and grant only limited, revocable licenses to local subsidiaries and contracting partners. Monitor the market as well as trademark and domain registries, online platforms, web content and social media channels.

You may delegate the day-to-day monitoring to a partner or subsidiary but keep the decision-making in cases of IP infringements to yourself. Actively react to infringements: begin with warning letters, utilize platform takedowns, administrative measures and customs seizures. In most cases, IP infringements will end with a cease-and-desist letter or later in negotiations between lawyers. If the desired outcome is not achieved, a court process will only be introduced as a last means to solve the infringement or dispute.

Closing thought

Southeast Asia rewards companies that combine ambition with discipline. An IP protection strategy is not just a cost—it is an investment. It builds brand trust, strengthens partnerships, and creates long-term value. Develop your own brand right strategy early, maintain it carefully, and your innovation and brand value can grow confidently across ASEAN's vibrant markets.

Jani Kaulo

Chair of Finland-Southeast Asia Business Association

Managing Partner of Kaulo & Partners, Licensed Legal Counsels


Laura Watson