The possibility of invalidating a patent is clearly set out in Vietnam’s intellectual property laws. Historically, however, although thousands of patents are granted each year in Vietnam, the number of requests for invalidation has been extremely small.

Since the entry into effect of the 2016 Law on Pharmacy and the subsequent Decree 54/2017/ND-CP (Decree 54), pharmaceutical companies in Vietnam were eagerly awaiting a replacement for Circular No. 44/2014/TT-BYT on drug registration (Circular 44), which was based on the now-defunct Law on Pharmacy of 2005. Finally, on November 12, 2018, Circular No. 32/2018/TT-BYT (Circular 32) was issued. This circular will take effect on September 1, 2019, and will play an important role in the pharmaceutical regulatory landscape in Vietnam.

In a recent notification by the Public Health Minister, Piyasakol Sakolsattayathorn, it was announced that the Ministry of Public Health’s National Tobacco Control Committee has approved a draft regulation requiring plain packaging to replace all current packaging for tobacco products. The stated reason for the change is concern that the current guidelines are no longer effective at addressing and combatting the health risks posed by tobacco products.

Pyidaungsu Hluttaw Law No. 7/2019—Myanmar’s Patent Law—was enacted on March 11, 2019, providing a framework for the protection of inventions related to products and processes. This is the first legislation specifically addressing the protection of patents in the history of Myanmar.The law will be administered by the Directorate of Patents of the Intellectual Property Office, to be established under the Ministry of Commerce, and implementing regulations will be issued in due course.Overview

On December 11, 2018, the Board of Investment (BOI) issued two new announcements: one canceling the International Headquarters (IHQ) and International Trade Centers (ITC) categories of activities for investment promotion, and one introducing a new category called International Business Centers (IBCs).

As the issue of counterfeiting continues to evolve, savvy brand owners are taking innovative approaches to intellectual property protection to meet their shifting needs. One such approach aims to resolve a key issue faced by brand owners: the variable effectiveness of government officials in taking action against counterfeits. Companies face understandable frustration when they perceive that different government agencies or officials may be less effective in enforcing the law, and they too often feel as though this issue is outside of their control.