As ASEAN works toward greater unification, a number of action plans have been devised to accelerate integration. One such plan is the ASEAN Intellectual Property Rights Action Plan 2011-2015 (ASEAN IPR Action Plan), which has formulated strategic goals to increase the competitiveness of the ASEAN Economic Community with respect to the use of intellectual property.

The Madrid System for the international registration of marks, governed by the Madrid Protocol, is gaining popularity across Southeast Asia. Several countries in the region are preparing to implement Madrid as part of their commitments toward regional integration via the ASEAN Economic Community, which will be created at the end of 2015. 

In Indonesia, a trademark must be “used” in a way that conforms to the format, colors, fonts, design, and goods/services in the mark’s certificate of trademark registration. If a trademark is used in a way that does not conform to its certificate of trademark registration, then the mark’s registration is in jeopardy of being cancelled on the grounds of “non-use,” even if the trademark owner has valid reasons for not using his or her mark in a way that conforms to the certificate of trademark registration (although certain exceptions do exist).

Attention has been focused on Myanmar as it seeks to liberalize its economy after decades of isolation. Influenced in part by its regional ASEAN commitments, Myanmar has promoted significant change in its foreign investment laws and regulations, resulting in substantial increases in foreign investment. The increased investment has, in turn, created a demand for both low- and high-skilled labor and a need for effective laws to regulate the labor market.

On November 26, 2014, the National Assembly of Vietnam passed amended versions of the Law on Investment (LOI) and the Law on Enterprises (LOE), replacing the 2005 versions of each law. The new laws will take effect on July 1, 2015. As these two laws form the principal legal framework for foreign companies doing business in Vietnam, the foreign investment community has been keen to discover whether the new LOI and LOE will improve on the existing law or merely reshuffle the pieces with the net result being essentially the same.

Special Economic Zones (SEZs), with their mix of tax incentives, trade benefits, deregulation, and other investment privileges, have long been a popular tool for governments to encourage economic development. Thailand and Myanmar are among the latest Southeast Asian countries to embrace SEZs. Every country in ASEAN, except Brunei, now has SEZs. Indeed, the SEZ policies in Thailand and Myanmar are part of a broader regional trend to liberalize trade and investment.

A new law on air carriage came into effect in Thailand on May 14, 2015. The law, called the International Air Carriage Act (Air Carriage Act), covers air carrier liability for accidents, delays, and cargo losses. Until now, Thailand did not have any specific legislation governing air carriage liability, although claims could be brought under the general provisions of the Civil and Commercial Code.

In December of this year, amendments to the Civil Procedure Code allowing for class-action lawsuits will come into force. If the effects on the legal systems of other jurisdictions are good indicators, the Thai legal landscape will undergo a fundamental shift. This article will introduce class actions generally and then look at the new legislation and its potential impact.