The Current Framework: Early Days, Clear Direction 

At present, the situation regarding trademarks and industrial designs in Timor Leste can be summarised as follows: 

1. No Formal Registration System Yet 

Currently, there is no national intellectual property office to register or examine trademark and industrial design applications. Legislation is being drafted, but the administrative infrastructure is still under development. 

2. Not Yet a Member of the Madrid System 

Timor Leste has not acceded to the Madrid Protocol for the international registration of trademarks. Therefore, international trademark applications cannot yet be extended into its territory. 

3. Protection by Publication: The Role of Cautionary Notices 

Until a formal registration system is established, businesses and rights holders rely on Cautionary Notices, public announcements asserting ownership and warning others against unauthorised use. 

Cautionary Notices: Making a Mark in an Uncharted Market 

In countries that are still in the early stages of developing their intellectual property systems, Cautionary Notices serve as a practical and visible means of declaring ownership over a mark or design. 

A Cautionary Notice performs two essential functions: 

• It publicly announces ownership of a trademark or industrial design; and 

• It warns third parties not to use, reproduce, or imitate it without authorisation. 

Although not equivalent to registration, it establishes constructive notice, signalling that the owner is aware, active, and prepared to protect their intellectual property. 

How It Is Done: 

• The notice is published in a local newspaper, typically in Portuguese, which is the language of law and government. Tetum or English translations may also be included. 

• For trademarks, the notice usually includes: 

• The name and address of the owner 

• A visual representation or description of the mark 

• A statement declaring ownership and warning against unauthorised use 

• For industrial designs, it may include: 

• Images or drawings of the design 

• The name of the creator or company 

• A declaration of ownership and prohibition against unauthorised reproduction or sale 

Most companies arrange this through a local agent or legal representative, who will facilitate publication and retain an official copy as evidence of the declaration. 

Why It Matters Beyond Symbolism 

While a newspaper notice may appear symbolic, it serves an important legal and commercial function in developing intellectual property environments. 

It helps to: 

• Establish an early presence in the market, showing that the brand or design is protected; 

• Deter imitation or unauthorised use; 

• Create documentary evidence of ownership and intent, which will be useful once a formal system is implemented; and 

• Demonstrate that the business takes intellectual property protection seriously, thereby strengthening its reputation in the market. 

For many international and regional companies, publishing a Cautionary Notice is now considered a standard and prudent practice when entering Timor Leste. 

The Road to a Formal Intellectual Property Regime 

The Government of Timor Leste, in collaboration with the World Intellectual Property Organization (WIPO) and ASEAN partners, is actively developing its intellectual property laws and institutional framework. Encouraging progress has already been made. 

Ongoing efforts include: 

• Drafting legislation covering trademarks, industrial designs, patents, and copyright; 

• Capacity building and training of future intellectual property officers; and 

• Planning for the establishment of a National Intellectual Property Office in Dili. 

Once the new system is in place, it is expected to introduce: 

• Formal registration and examination procedures for trademarks and designs; 

• Enforcement mechanisms and civil remedies; and 

• Integration with international treaties and ASEAN standards. 

This will bring greater legal certainty, investor confidence, and protection for both local and foreign rights holders. 

What Brand Owners and Designers Should Do Now 

While the formal system is being developed, businesses can and should take proactive steps to prepare for market entry and future protection in Timor Leste. 

1. Publish a Cautionary Notice 

Assert ownership of your brand or design through a local publication. This is the most effective current method of protection. 

2. Use Your Brand Consistently 

Use your trademark or design regularly in packaging, marketing, and trade to reinforce recognition and reputation. 

3. Register in Neighbouring Jurisdictions 

File for protection in nearby ASEAN countries such as Malaysia, Singapore, Indonesia, Thailand to establish a strong regional base. 

4. Review Contracts and Agreements 

Ensure that contracts with local partners clearly define ownership, permitted use, and obligations relating to intellectual property. 

5. Monitor Legal Developments 

Stay informed about legislative updates. Once the national intellectual property office opens, early applicants who have already declared ownership will enjoy a strategic advantage. 

A Glimpse into the Future 

ASEAN has a strong record of supporting its newer and developing member states in building their intellectual property systems. When Cambodia, the Lao People’s Democratic Republic, and Myanmar began modernising their frameworks, each relied on international cooperation and technical assistance from ASEAN and the World Intellectual Property Organization (WIPO) to lay the groundwork for their national IP offices and legislation. 

Today, all three countries have enacted comprehensive IP laws and operate functioning intellectual property offices. Cambodia and Lao PDR have acceded to key international treaties such as the Paris Convention and the Patent Cooperation Treaty, while Myanmar continues to strengthen its national laws and infrastructure in preparation for future treaty participation. All three are now active contributors to ASEAN’s regional IP cooperation initiatives. 

Timor Leste is following a similar path, working closely with WIPO and ASEAN partners to draft legislation, train officials, and prepare for the establishment of its own National Intellectual Property Office. Its progress is encouraging and signals a clear commitment toward full integration into the regional IP ecosystem. 

From Brand Awareness to Legal Assurance 

Timor Leste’s entry into ASEAN represents more than an economic milestone. It reflects a commitment to harmonisation, transparency, and innovation within the region. 

Although its trademark and industrial design framework is still taking shape, the foundation is being carefully laid to ensure clarity, fairness, and accessibility. 

For businesses seeking to establish their presence, now is the time to prepare. By publishing Cautionary Notices, securing regional protection, and setting strong contractual safeguards, companies will be well positioned to benefit from the emerging opportunities in this market. 

At KASS International, we stand ready to assist innovators, brand owners, and designers as they navigate this new landscape. Drawing on our extensive ASEAN experience, we are committed to supporting Timor Leste in developing a vibrant intellectual property environment that rewards creativity and strengthens business confidence. 

A new member of ASEAN, a new market for ideas, and the promise of a legal system that will soon keep pace with its creative potential, Timor Leste’s intellectual property journey is one to watch.