International Franchising, Second Edition (Release 4, 2015) has been published through Juris Publishing and edited by the Center for International Legal Studies. The guide provides analysis of franchising law and practice in 36 countries worldwide. Sriwan Puapondh, Of Counsel, and Alan Adcock, partner, in Tilleke & Gibbins, coauthored the Thailand chapter of the guide.

Lawyers at Tilleke & Gibbins have contributed the Vietnam chapter to International Franchising, Second Edition (Release 4, 2015), a guide to franchising law and practice in 36 countries worldwide. The Vietnam chapter provides an overview of the following main subjects:

Parallel imports—that is, genuine, noncounterfeit products imported into a country without permission of the intellectual property owner—are a systemic problem in Cambodia. Imported from neighboring countries without the authorization of legitimate manufacturers, parallel imports are sold on the “grey market” at prices which can be much lower than products imported through official channels. This causes significant difficulties for local affiliates and legitimate business owners, who struggle to compete with the lower prices.

Indonesia uses a “first-to-file” system, under which trademark owners must register their trademarks before they are able to take action against infringers for trademark infringement. The earlier your trademarks are registered and the wider their scope of protection, the better chance you have to exercise your rights and protect your intellectual property (IP).As a trademark owner facing infringement of your IP rights in Indonesia, there are a number of important considerations to be aware of, and you have various means of recourse available to you.

The distinctiveness of trademarks can be hotly debated, with the trademark authorities in different countries adopting a wide range of approaches to determine what types of marks can be registrable. The Trademark Office in Thailand has a reputation, among some international practitioners, as being relatively conservative, often challenging marks on various grounds relating to distinctiveness.

In a competitive market, business owners strive to reduce production costs and increase sales volumes in order to gain an economic advantage. To achieve this, large amounts of investment are made in research and development to improve designs, techniques, and processes, among other aspects. These methods and forms, known as trade secrets if the right requirements are met, are therefore valuable intangible assets that should be closely guarded.

Consumer spending peaks in the last quarter of every year—a time that coincides with the holiday season and end-of-year bonus payouts. It is also during this time that the greatest number of counterfeit goods are imported into Thailand for sale to consumers, and it is a busy time of year for Customs officials, who are responsible for preventing these illegal activities.

Five years ago, Thailand’s Department of Intellectual Property (DIP) was in the process of considering proposed amendments to the Patent Act. These discussions were then put on hold, and the process has remained suspended until now.On January 27, 2016, the DIP announced that it will be revisiting the proposed amendments with a focus on the following objectives: