Geetha, an expert in IP and franchising with over 18 years of experience, excels in enhancing company value and driving growth through strategic IP utilization. As a Board Director and international speaker, she specializes in corporate governance, strategic planning, and gender diversity advocacy.

In a recent conversation with The Global Woman Leader magazine, Geetha explores emerging trends shaping IP rights in ASEAN countries, highlighting their potential impact on regional businesses. She discusses strategies for navigating cultural and legal differences and offers insights on measuring and enhancing the value of intangible assets like trademarks and trade secrets to drive growth and attract investment.

As an expert in Intellectual Property (IP) law, what emerging trends do you see shaping the landscape of IP rights in ASEAN countries? How do you anticipate these changes to impact businesses in the region?

There is increased attention to Southeast Asia due to the China Plus One Strategy, where businesses are diversifying into other countries or channelling their manufacturing bases and supply chains into other developing economies. Thailand, Malaysia, Vietnam, and Indonesia are some of the countries of interest.

This emerging trend increases the focus on IP protection in this region and benefits local businesses, who will serve as an ecosystem to support foreign enterprises.

There are, of course, other emerging trends shaping the landscape of IP rights in ASEAN, including digitalization, the use of AI in patent searches, and stronger enforcement of IP rights. Countries are adopting more sophisticated technologies to combat counterfeiting and piracy. Enhanced IP enforcement will encourage innovation and attract foreign investment, ultimately boosting economic growth in the region.

Your involvement in various international events and publications highlights your expertise in ASEAN IP. What strategies have you found most effective in bridging cultural and legal differences when working with clients or counterparts from diverse backgrounds?

Active listening and clear communication enable our team to understand the needs of our team members from different cultures in ASEAN. We find that sometimes the intended meaning can get lost in the written word. Thus, for some matters, an online discussion suits the team better than email communication. Face-to-face communication, even if it is through the screen, is better than email communication. Many studies show that 80% of communication is non-verbal, and when our team is so diverse, with members coming from seven different ASEAN countries, it is important to ensure communication is clear, articulate, and conveys the right message.

The same scenario applies to international clients as well. Providing tailored solutions that consider both global standards and local practices helps build trust and foster collaboration with clients and counterparts from diverse backgrounds.

In your experience, what are some effective ways to handle cross-border IP disputes within the ASEAN region, considering the diversity of legal systems and cultural differences among member countries? 

Handling cross-border IP disputes within the ASEAN region requires a nuanced approach. Engaging highly experienced local counsel who understands both legal intricacies and cultural nuances is essential. Leveraging alternative dispute resolution methods like mediation and arbitration can provide impartial resolutions outside of traditional court systems. Building strong relationships with local authorities and legal professionals facilitates smoother dispute management. Additionally, crafting clear and well-drafted contracts with dispute resolution clauses tailored to each jurisdiction helps mitigate potential conflicts. Ultimately, a combination of legal expertise, cultural sensitivity, and effective communication is key to navigating cross-border IP disputes in the diverse ASEAN region.

 With intangible assets such as trademarks and trade secrets becoming more and more important, how can one measure and increase the value of an organization’s IP portfolio to promote the company's growth and attract investment?

Measuring and increasing the value of an organization's IP portfolio involves several key strategies. Firstly, conduct regular IP audits to identify and assess the value of intangible assets such as trademarks and trade secrets. Strengthening protection through registration and enforcement enhances their value. Companies need to have innovation strategies too—constantly innovating their services or products or the way these services or products are delivered to customers. These innovations will increase the value of the company by providing more unique selling points and intangible assets.

Developing a clear IP strategy aligned with business goals helps prioritize valuable assets. Leveraging and monetizing the IP assets will also promote a company’s growth in the market, and this can be done through licensing agreements, premium pricing, franchising, partnerships, and strategic collaborations. Finally, showcasing the strength and potential of the IP portfolio to investors through comprehensive documentation and transparent reporting fosters confidence and attracts investment for company growth. 

In an era marked by increased scrutiny of IP practices, including concerns about patent trolls, how do we balance the need for robust IP protection with ethical considerations and public perception?

Monopolistic rights, when used with ill intentions, can bring damage to the business community and the nation. Patent trolls are companies that use patents to earn revenue (through licensing fees) by initiating litigation or negotiations. These companies do not innovate or create their own IP rights but instead buy patents from other companies with the intention of monetizing the rights through legal action. Interestingly, there have been arguments that patent trolls help create a healthy ecosystem for inventors and innovation.

In 2015, political scientist and intellectual property expert Stephen Haber said, “A primary reason why individual patent holders sell to patent assertion entities is that they offer insurance and liquidity.” On the whole, ethical considerations and positive public perception of IP require transparent and fair practices as well as educational and awareness campaigns by various stakeholders.

Being recognized as one of Malaysia's Top 40 under 40 is a remarkable achievement. What advice would you offer to aspiring young professionals, particularly women, who are striving to make their mark in the legal and IP industry?

In my opinion, the two vital elements to a woman’s success are self-belief and a reliable support system. All other elements of success, such as perseverance, continuous learning, networking, securing great mentors, negotiation skills, and gaining strong business acumen, will fall into place when one has self-belief and pursues their utmost best to reach their goals or dreams. As for the support system, women often have many responsibilities, especially if they have a family with young children and older parents. Historically, our gender has been the main caregiver, which can impede the pursuit of our dreams. Ensuring that one creates or develops a suitable support system is important so we can “have it all.”