Patents play a key role in encouraging the development of pharmaceutical products. It can take several hundred million dollars to discover, develop, and gain regulatory approval for a new drug, and funding for research is obtained primarily from profits made while the innovators have exclusive rights to market their medicines. The length of this exclusivity is therefore an important aspect of patent policy for pharmaceuticals.

As a developing country with a large population, Vietnam has long viewed parallel imports as an effective antidote to the high price of innovator drugs. The parallel importation of medicines for the prevention and treatment of human diseases is permitted, and even encouraged, under Vietnamese law. Many pharmaceutical manufacturers, however, are understandably concerned that parallel importation could lead to diminished profits, thereby reducing research and development efforts, and leading to a slowdown in the innovation of new drugs.

The 2015 edition of Media, Advertising, and Entertainment Law Throughout the World, a concise and current overview of media, advertising, entertainment, and art law in more than 30 countries worldwide, has been published. Lawyers at Tilleke & Gibbins contributed both the Thailand and Vietnam chapters to the guide. The Thailand chapter covers the following main topics:

Media, Advertising, and Entertainment Law Throughout the World 2015  has been published, and Tilleke & Gibbins has contributed the Thailand and Vietnam chapters of the guide. Jim Dao, Giang Thi Huong Tran, and Tu Ngoc Trinh jointly authored the Vietnam chapter, which delves into media law, advertising law, entertainment law, and art law.

To promote and develop Thailand’s growing insurance industry and prepare for greater market activity under the Asean Economic Community, the government recently amended the laws governing the country’s life and non-life insurance industries for the third time. Formally known as the Life Insurance Act No. 3 of 2015 and the Non-Life Insurance Act No. 3 of 2015, the amendments took effect on March 6, seven years after the previous amendments were made. The changes can be divided into three main parts as follows:

In early 2015, Vietnamese authorities continued their stepped-up IP enforcement campaigns, showing a commitment to improve the IPR situation against the backdrop of TPP and EU FTA negotiations. Notable cases included:Trade Name Infringement Precedent

Over the past 20 years since its enactment, the Thai Copyright Act B.E. 2537 (A.D. 1994) has remained unchanged, despite numerous attempts by legislators to modernize the law. As a result, Thailand’s copyright law is out of date, and legal measures to combat piracy are inadequate.In late 2014, however, the National Legislative Assembly passed two copyright bills into law. They were published in the Royal Gazette  on February 5, 2015, and will take effect 180 days after publication.

Vietnam is home to more than 90 million people. With its large population and an expanding economy, the country has become an attractive market for pharmaceutical companies. Since local drug producers have not yet acquired sufficient research and development capabilities, they fight an uphill battle against international drug innovators. Under the circumstances, a number of local companies have resorted to patent infringement in an attempt to regain market share.