Navigating Southeast Asia’s Evolving IP Landscape with James Kinnaird 

Navigating Southeast Asia’s Evolving IP Landscape with James Kinnaird – Marks & Clerk Singapore LLP 

Southeast Asia is emerging as a key player in global manufacturing and innovation, making intellectual property (IP) protection more crucial than ever. In this edition of ‘Meet the IP Professional’, we sit down with James Kinnaird, a Partner at Marks & Clerk Singapore LLP, to discuss the evolving IP landscape in the region, the challenges faced by regional businesses, and strategic insights for companies looking to innovate or manufacture in this dynamic market. 

From Research to IP Law: James Kinnaird’s Journey

James Kinnaird’s career in IP law began with a shift from scientific research. After completing a Ph.D. in the UK and postdoctoral studies in the U.S., he worked in the pharmaceutical sector but soon found himself drawn to a career that would allow him to engage with a broader range of innovations.

“I enjoyed research, but I was also keen to explore a role where I could see a wider variety of cutting-edge technologies without being limited to a single project or field,” he explains. “IP law provided the perfect combination of scientific insight and strategic thinking.”

His decision to move to Singapore was both personal and professional. With its unique blend of Western and Asian influences, it was an ideal location for his family. Professionally, the region’s rapid economic growth and expanding middle class presented an exciting opportunity to work with businesses looking to protect and commercialize their innovations.

Why Southeast Asia Matters for IP Protection

Many businesses outside the region overlook Southeast Asia when considering IP protection. However, James emphasizes that ignoring this market is a missed opportunity.

Southeast Asia is home to four of the “Mighty Five” (Malaysia, Indonesia, Thailand, and Vietnam) – countries identified as key destinations for global manufacturing and innovation. With rapid economic development, growing middle-class consumers, and an increasing shift of production away from China, the region presents immense commercial potential.

“By 2030, ASEAN’s population is projected to reach 723 million, with 70% classified as middle class,” James notes. “Companies must plan their IP strategy with this long-term growth in mind, much like how businesses planned for the rise of China and India 10-15 years ago.”

Challenges for Regional Companies Moving Beyond Suppliers

For many Southeast Asian businesses, the challenge isn’t just protecting their innovations but transitioning from being simple suppliers to global players.

James explains a common scenario: A brand approaches a supplier with a problem, the supplier finds a solution, but ultimately, the brand claims ownership of the IP, leaving the supplier with no manufacturing guarantees.

To counter this, he advises companies to take a proactive approach to innovation:

• File patents before engaging with brands – This ensures ownership of key technologies and prevents brands from taking IP elsewhere.
• Leverage IP for negotiation power – Patents allow suppliers to dictate terms rather than being at the mercy of brand decisions.
• Consider licensing deals – If a supplier lacks manufacturing capacity, licensing can open new revenue streams.

This shift in mindset can transform businesses from mere service providers to essential partners in the global supply chain.

The Role of IP in Business Strategy

Building a strong IP portfolio isn’t just about patents. Businesses need a comprehensive strategy that aligns with their long-term goals. James highlights key considerations:

• Business-to-business vs. business-to-consumer – Companies need to balance patents with trademark protection, particularly if building a recognizable brand.
• Trade secrets management – Many businesses underestimate the importance of protecting trade secrets, including ensuring that employees leaving the company don’t share proprietary knowledge.
• Choosing where to file – Filing patents everywhere can be costly. Instead, James suggests focusing on:
  • Key markets for sales
  • Countries with robust IP enforcement
  • Major manufacturing hubs to prevent IP theft

Lessons from the Region: Effective IP Strategies

A strong example of a Southeast Asian company growing into a global player is Thai Union, the Thai seafood giant that owns brands such as John West. While its expansion has been driven primarily by acquisitions rather than IP, the company’s strategy demonstrates how regional firms can scale internationally by leveraging branding, supply chain strength, and market positioning.

Another approach that has worked well in the region is establishing start-up-style subsidiaries. Large Southeast Asian conglomerates have begun experimenting with direct-to-consumer brands, securing patents early to lock in exclusivity and drive market growth.

Preparing for the Future of IP in Southeast Asia

Looking ahead, James sees IP protection becoming even more critical as Southeast Asia cements itself as a global innovation hub. However, he warns that companies must think regionally, not just locally.

“For example, if you secure your IP in Singapore but ignore other ASEAN countries, you risk facing copycats,” he says. “We’ve seen companies attend a trade show in Singapore, only to discover years later that a competitor in the Philippines has copied their brand and products entirely.”

James predicts that while ASEAN is unlikely to have a unified patent system (like the European Patent Office) anytime soon, companies must work with local experts to navigate the diverse legal landscape effectively.

A Passion for Travel and Creativity

When he’s not navigating the complexities of IP law, James enjoys exploring Southeast Asia’s diverse cultures. Living in Singapore provides the perfect base for travel, and over the years, he has visited destinations across Thailand, Malaysia, Japan, Indonesia, and beyond. One of his favourite trips involved visiting Japan’s ancient city of Kyoto, known for its stunning temples and vibrant history.

Closer to home, James also enjoys a more creative pursuit—miniature painting. A hobby that requires patience and precision, he finds painting miniatures to be a relaxing counterbalance to his professional life. Encouraging creativity within his family, he spends time painting alongside his young daughters, who have developed their own artistic talents. “My six-year-old has already started creating anime-style drawings,” he says proudly.

How Marks & Clerk Supports Companies in Southeast Asia

Marks & Clerk Singapore LLP has been at the forefront of IP protection in the region for over 30 years, supporting both local and international clients with: 

• Patent drafting and prosecution
• Freedom to operate analysis and infringement advice
• Litigation support and trade mark enforcement
• IP due diligence and training programmes
• Regional IP strategy development across ASEAN

With deep expertise in the Southeast Asian market and strong relationships with trusted local firms, Marks & Clerk helps businesses navigate the complexities of regional IP laws. 

For more information on how Marks & Clerk can support your IP strategy, visit Marks & Clerk Singapore. 

To connect with James Kinnaird, reach out via LinkedIn. 

Postscript: Understanding the Mighty Five and ASEAN 

For those unfamiliar with the terms referenced in this article: 

• The Mighty Five (MITI-V): This refers to five countries – Malaysia, Indonesia, Thailand, India, and Vietnam – identified as emerging manufacturing powerhouses. The term is inspired by earlier economic groupings like BRICS (Brazil, Russia, India, China, and South Africa). These countries are seen as the next major destinations for global manufacturing, particularly as businesses look to diversify supply chains beyond China. 

• ASEAN (Association of Southeast Asian Nations): A regional intergovernmental organisation comprising ten Southeast Asian countries: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. ASEAN promotes economic growth, political stability, and trade collaboration among its member states. With a combined population larger than the European Union, ASEAN is rapidly becoming one of the world’s most significant economic regions. 

Understanding these economic blocks is crucial for businesses looking to expand manufacturing operations or protect intellectual property in Southeast Asia. 

How PatWorld Supports IP Professionals 

At PatWorld, we understand the importance of precision and insight in IP research and analysis. We are proud to support professionals like James Kinnaird with our expert patent search services, helping firms make informed decisions with confidence. Whether you require a freedom-to-operate search, prior art search, or competitor analysis, PatWorld’s experienced team is here to assist. Find out more and order a search at https://patworld.com/gb/order-a-search/. 

PatWorld is committed to spotlighting the professionals shaping the future of intellectual property. Stay tuned for more insights from industry leaders.