Secured a trademark litigation victory for an agrichemical company against its former distributor, who was passing off of our client’s trademarks. Finding in favor of our client’s better right, the IP&IT Court ordered the cancellation and withdrawal of 16 of the former distributor's trademarks containing logos and wording that infringed our client’s mark and further ordered that use of the infringing marks cease.
Clemence Gautier
Consultant
PRACTICE
OFFICE
LANGUAGE
French, English
EDUCATION
LLM, University of Rennes I
Master 1, University of Evry-Val d'Essonne
LLB, University of Evry-Val d'Essonne
Clemence Gautier is a consultant with the intellectual property and regulatory affairs groups of Tilleke & Gibbins. Her practice focuses on international and Thai intellectual property law, registration of products with the Thai Food and Drug Administration (FDA) and Ministry of Agriculture, and anti-corruption matters.
Clemence works closely with pharmaceutical, agribusiness, food, and biotechnology companies on issues including trademark and patent registration in ASEAN countries, infringement, and industry-specific issues such as data protection, product liability, clinical trials, and labeling/advertising. She is an active member of MARQUES and APRAM.
Clemence also leads the firm’s corruption practice under the direction of David Lyman, the firm's Chairman & Chief Values Officer. In connection with this role, she serves as a member of the Anti-Corruption Commission of the International Chamber of Commerce based in Paris, France.
Clemence is a Board member and the Chair of the Legal Affairs Committee of the Franco-Thai Chamber of Commerce.
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Counseled a credit card company on guidelines for business courtesies (such as meals, events, and gifts) to be extended to foreign officials.
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Helped a multinational food company comply with Thai FDA requirements. Advised the client on advertising and promotional materials in Thailand, with particular emphasis on the requirements of the FDA and the consequences of improper ad content.
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Acted on behalf of a major U.S.-based agrichemical manufacturer. The case involved termination of the client’s distributor for breach of contract and IP (patent and trademark) infringement. In addition, we represented the client in re-registration of its full range of products with the Thai Ministry of Agriculture.
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Advised several pharmaceutical companies on their procurement contracts with Thai government hospitals.
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Advised a U.K. engineering and construction company on providing business courtesies to private individuals in Thailand.
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Advised a U.S. transportation company on their dealings with the Royal Thai Army during the course of a government procurement contract.
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Advised a pharmaceutical client on various IP issues, such as product liability, government advocacy on new regulations, compulsory licenses, new laws (Patent Act, Drug Act), and trademark registration.
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Liaised with the Royal Thai Police to end a predatory business tactic. As our client operates in many provinces in Thailand, a competitor filed criminal charges of “false statement” against our client in many provinces in order to force our client to spend time and money travelling to meet police officers throughout Thailand. We convinced the Royal Thai Police that the cases were related and should be consolidated and tried in Bangkok.
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Developed registration strategies for medical device products, including acting as a liaison between the client and the Thai FDA.
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Advised a company regarding their products and packaging and the likelihood of classification as a medical device and formulated strategy on the best classification in regard to the products and claims on the packaging.
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| February 2, 2012 |
Managing IP Patent Survey: Tilleke & Gibbins in Tier 1 for Thailand For the tenth consecutive year, Managing IP has ranked Tilleke & Gibbins as a Tier 1 firm in Thailand in its annual patent survey. Recognizing the firm’s ability to serve clients across the full... |
| November 14, 2011 |
Asia IP Names Tilleke & Gibbins Firm of the Year for Patents and Trademarks Asia IP, a leading magazine covering intellectual property issues in Asia, held its second annual Asia IP Awards ceremony on November 11, 2011. At the event, Tilleke & Gibbins was honored to... |
| November 4, 2011 |
Legal 500 Ranks Tilleke & Gibbins as a Tier 1 IP Practice in Thailand In its annual rankings for 2011, The Legal 500 Asia Pacific has identified Tilleke & Gibbins as a Tier 1 IP practice in Thailand. This marks the ninth year in a row that the firm’s IP practice... |
| October 17, 2011 |
Possible Audit of Cosmetics Companies by Thai FDA Alan Adcock, Clemence Gautier As of January 1, 2011, ASEAN harmonization registration of cosmetics has been fully implemented in Thailand. The Thai FDA now requires that the distributor or marketing authorization holder maintain... |
| September 19, 2011 |
Museum of Counterfeit Goods Featured in English on the Way TV Show Clemence Gautier The Tilleke & Gibbins Museum of Counterfeit Goods will be featured in an upcoming episode of the travel education TV program English on the Way, produced by Kidzon Production. Clemence Gautier,... |
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| January 4, 2012 |
Lex Mundi Guide to Doing Business in Thailand 2012 This guide provides a detailed overview of doing business in Thailand. Topics covered in the guide include investment, import and export regulations, exchange controls, tax, requirements for... |
| December 26, 2011 |
Intellectual Property in Thailand: Registration, Protection, Commercialization Written for business operators who are new to the country, Intellectual Property in Thailand: Registration, Protection, Commercialization provides a helpful introduction to IP issues under Thai law.... |
| December 14, 2011 |
Thailand Legal Basics, a valuable primer for foreign investors, begins with an overview of Thailand’s legal system, including its history and the events and professionals that are shaping the legal... |
| November 14, 2011 |
International Licensing – Thailand Chapter Alan Adcock, Clemence Gautier, Siraprapha Rungpry A license agreement is simply a contract that governs duties, rights, and obligations between parties to a transaction. The licensor is generally the owner or holder of title to certain rights and... |
| November 7, 2011 |
Procurement Contracts and Their Impact on Pharmaceutical Companies Clemence Gautier Concerns raised by the Thai pharmaceutical industry in recent years of alleged corrupt practices by employees of state hospitals, has led to the implementation of more stringent legislation to combat... |
