You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

//
INSIGHTS

Insights

We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

Search Insights

  • Order by
  • Reset

Search Results

0 results found

June 9, 2021
Attorneys in Tilleke & Gibbins’ intellectual property team in Bangkok have contributed to a new overview of patents, trademarks, copyright, and designs for Practical Law, which has published a Q&A guide to protection and enforcement of various intellectual property rights in jurisdictions around the world. The overview of the main intellectual property rights in Thailand takes readers through the protection and enforcement of patents, utility models (that is, “petty patents” in Thailand), trademarks, copyright, and registered and unregistered designs. The section also includes guidance on regulations concerning trade secrets and confidential information in Thailand. Practical Law, produced by Thomson Reuters, is the world’s leading legal resource for business lawyers, publishing a huge range of guides covering hundreds of jurisdictions and practice areas. To read the full overview of intellectual property rights in Thailand, please visit the Practical Law website.
June 9, 2021
Lawyers from Tilleke & Gibbins in Bangkok have updated the Thailand section of the Digital Business Global Guide, a Q&A-style guide from Thomson Reuters Practical Law that provides detailed information on the regulatory environment surrounding digital business operations in 38 countries around the world. The Thailand overview covers the following main topics: Regulatory overview Setting up and running a business online Cybersecurity, data privacy, and data protection implications Linking Domain names Jurisdiction and governing law Advertising/marketing Tax Protecting an online business Liability for products/services supplied online Insurance Reform Practical Law, produced by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a huge range of guides covering hundreds of jurisdictions and practice areas. The full Digital Business in Thailand: Overview is available on the Practical Law website.
June 9, 2021
The latest updates to Practical Law’s Life Sciences Global Guide feature two revised sections from Tilleke & Gibbins attorneys in the firm’s Jakarta office—“Medicinal Product Regulation and Product Liability in Indonesia,” and “Pharmaceutical IP and Competition Law in Indonesia.” “Medicinal Product Regulation and Product Liability in Indonesia” covers a range of regulatory issues related to the marketing and selling of pharmaceutical products, including the following: Regulatory overview, including relevant laws and authorities, scope, definitions, and general procedures for pharmaceuticals, biologicals, and medical devices and health care IT Pricing, government funding, and reimbursement: Structure of Indonesia’s health care system, price regulation, and reimbursement Clinical trials Manufacturing and distribution Marketing: Authorization for marketing medicinal products, parallel imports and cross-border trade in medicines Restrictions on dealings with health care professionals Selling restrictions Advertising and promotion Data privacy Packaging, labeling, and tracking Product safety, quality, and liability Local establishment, representation, and residency requirements Reform The full “Medicinal Product Regulation and Product Liability in Indonesia” section can be accessed on the Practical Law website. “Pharmaceutical IP and Competition Law in Indonesia” first goes over the country’s legal and regulatory environment for patents and trademarks in relation to pharmaceutical business operations in the jurisdiction. The section then turns to competition law issues, with the Q&A format focusing on how the country’s competition laws and regulations affect the pharmaceutical sector. Readers are also given information on how to properly comply with Indonesian competition law, including in the licensing of medicines and pharmaceutical technology. The full “Pharmaceutical Intellectual Property and Competition Law in Indonesia” section can be found on the Practical Law website. Practical Law, produced by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a huge range of guides covering hundreds of jurisdictions and practice areas.
June 4, 2021
Thailand’s Department of Intellectual Property (DIP) has introduced ‘fast-track’ procedures to significantly expedite trademark renewals and new trademark examination processes. Fast-track renewals The first of these was launched on 1 March 2021, when the DIP instituted a fast-track option for the renewal of qualifying trademarks in Thailand. When a trademark renewal application is processed through the fast-track channel, examination of the application and grant of a certificate of renewal will be completed within just 45 minutes of filing. This expedited process incurs no additional official fee. To benefit from this, renewal applications must comply with a few specific requirements laid out in the DIP notification. First, the total number of goods or services on the application must not exceed 30 items, and no changes may have been made to the particulars of the registration. The application must also be filed at the DIP by either the owner or an appointed attorney. In the latter case, the power of attorney must authorise the attorney to collect the certificate on the owner’s behalf. Finally, fast-track examination must be requested when the renewal application is submitted. Tilleke & Gibbins has already submitted a test case with the DIP and can confirm that, when the above conditions are met, the DIP can complete and issue a certificate of renewal within 45 minutes of the renewal application being submitting. Fast-track examination After the successful implementation of the fast-track renewal process, the DIP then turned its attention to the trademark application examination process and the issuance of initial office actions, launching the “First Action Fast Track” programme on 16 April 2021. Under this programme, a first office action for qualifying trademarks in Thailand will be issued within six months of the filing of an application – again at no additional cost. To benefit from this expedited process, applicants must ensure that their
May 28, 2021
Due to the developing COVID-19 situation, the main Hanoi office of the Intellectual Property Office of Vietnam will stop receiving documents filed directly at the office and the IP Help Desk from May 27 until further notice, according to Notification No. 4670/TB-SHTT dated May 25, 2021. During this suspension, documents filed with the Hanoi office must be filed online or via postal filing. Since online filing is currently available only for certain services such as new filing, maintenance, and appeals, direct filing still accounts for most filing at the head office. Thus, most documents should be filed via post at this time. As it is not clear if the filing date will be recorded as the date the document is received or the date it is sent (postmarked), IP applicants using postal filing are advised to file their documents early, well before any deadlines, for safety. Rights holders can still choose to file their documents in person via the IP Office’s representative offices in Ho Chi Minh City and Da Nang, which are still operating fully.
May 28, 2021
While the timeline for the ongoing “soft opening” of Myanmar’s new Intellectual Property Department (IPD) lacks clarity, the IPD has maintained continuity in its operations. The soft-opening period, which began on October 1, 2020, was first announced by the Ministry of Commerce in Order No. 63/2020, dated August 28, 2020. The order did not mention the closing date of the soft-opening period, but many were counting on the soft-opening period finishing after six months. This assumption stemmed from the IPD’s workshops in 2020 about the upcoming implementation of the new Trademark Law, when officers indicated that the soft-opening period was expected to continue for at least six months, depending on the volume of applications received. Therefore, it was thought that the soft-opening period would conclude at the end of March 2021. However, this date has come and gone, and trademark owners are increasingly expressing their concerns about when—and whether—the soft opening period will end. No announcement appears forthcoming, either. The political volatility that has gripped Myanmar since the military seized power on February 1, 2021, has affected virtually all operations in the country, including government operations. As a result, no official announcements on the end date for the soft-opening period have been issued. However, the IPD has continued accepting applications for trademarks to be refiled, and has been issuing extensions to applicants who require additional assessment of their trademark portfolio and dossiers. Aims and Procedures of the Soft-Opening Period The soft-opening period is a key early stage in the public implementation of Myanmar’s Trademark Law 2019. It allows owners of marks that were registered with the Office of the Registration of Deeds (ORD) under the previous (and antiquated) system and/or actually used in Myanmar to refile their marks with the newly formed IPD under a fully modernized IP regime. In order to do