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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.

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August 29, 2018
Athistha (Nop) Chitranukroh, a partner in Tilleke & Gibbins’ corporate and commercial department and head of the firm’s insurance practice, has co-authored an article for The Australian Corporate Lawyer Magazine  (produced by The Association of Corporate Counsel (ACC) Australia) addressing some of the key challenges and opportunities facing in-house counsel in Southeast Asian emerging markets.
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August 29, 2018
In May 2018, Myanmar’s Ministry of Commerce (MoC) issued Directive 25/2018 (the Directive), allowing 100% foreign owned companies, as well as joint venture companies established between Myanmar citizens or companies and non-Myanmar citizens or companies, to conduct retail or wholesale businesses in Myanmar, subject to various minimum capital requirements and operational restrictions. Very broadly written, the Directive was quickly followed by a number of clarifications on both its scope and application to flesh out the legislative framework.    
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August 29, 2018
Although the Thai Trademark Act provides protection for passing off, filing a lawsuit to defend an IP owner’s unregistered rights can still pose certain challenges. This is especially true where two registered trademarks are different, but the product packaging designs of both marks are confusingly similar. In these circumstances, the court occasionally decides upon a mere comparison of the two marks and may determine that the similarities of their packaging designs are not likely to cause confusion among public consumers due to their dissimilarity.   
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August 29, 2018
The Court of Appeal for Specialized Cases (Specialized Appeal Court) was established in October 2016 to review all appeals against the judgments of the five specialized first instance courts in Thailand, including the Central Intellectual Property and International Trade Court (IP&IT Court). Most, if not all, judges of the Specialized Appeal Court, who are responsible for reviewing IP-related appeals, have had experience working as judges at the IP&IT Court and can be expected to be well versed in IP law and practices.
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August 29, 2018
Many business owners wish to protect trademarks or service marks in Thailand in the form of abbreviations, acronyms, initialisms, or letters that are not generally used words or that cannot be pronounced. Thai Trademark Registrars and the Board of Trademarks take a conservative view of the distinctiveness of such marks, which is not always echoed by the courts. Brand owners therefore need to strategically consider how such marks are treated to determine whether their letter marks  are sufficiently distinctive to be registrable.
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August 28, 2018
The Indonesian Ministry of Finance has issued a new regulation that makes it possible to record trademarks and copyright with the Directorate General of Customs and Excise so that customs authorities can inform intellectual property rights owners of potential counterfeit goods. Minister of Finance Regulation No.
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