For many years, Thailand has sorely needed to improve its intellectual property enforcement laws to prevent copyright and trademark infringement. In an era when technology allows for new, widespread forms of IP infringement, Thai IP enforcement authorities have come to realize that measures against infringers under the current laws are insufficient and have failed to do enough to suppress this severe problem.           

In the February issue of Informed Counsel, we discussed labor outsourcing, a new form of labor supply for Vietnam, introduced by the new Labor Code. While labor outsourcing did exist in practice in Vietnam before the new Labor Code came into force on May 1, 2013, it had been technically illegal until legislation relating to it was introduced.On May 22, 2013, the Vietnamese Government issued Decree No. 55/2013/ND-CP detailing the new Labor Code’s provisions on labor outsourcing. The key points of Decree 55, which took effect on July 15, 2013, are discussed below.

Myanmar is emerging from a long period of international isolation. With the recent relaxing of sanctions against the country, Myanmar is taking steps to rejoin the international community, and this includes legal reform relating to intellectual property. After joining the World Trade Organization (WTO) in 1994 and becoming an ASEAN member in 1997, Myanmar has implemented provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and the ASEAN Framework Agreement on Intellectual Property Cooperation.

More and more multinational corporations are seeking to grow their business in Lao PDR, also commonly known as Laos. With annual GDP growth rates of over 8% (according to the latest World Bank figures), it is easy to understand why so many companies are evaluating their options in this growing market. But when entering any new market, companies also need to consider how best to protect and enforce their intellectual property rights. This article reveals some important aspects about IP infringement and the enforcement process for brand owners operating in Lao PDR.

With the ASEAN Economic Community (AEC) due to come into effect in 2015, Thailand has prioritized modernizing its customs procedures to better facilitate trade across international borders. The country is taking a step-by-step approach, with the first prototypical reforms taking root in the cosmetics industry. It is hoped that implementing a single-window system with online capabilities will improve efficiency by hastening trade processes and reducing associated costs.AEC and National Single Window

The Stock Exchange of Thailand has taken many steps in recent years towards gradual liberalisation of the country’s capital market. For example, more foreign products are now permitted to be offered to Thai investors. This includes qualifying foreign exchange-traded funds, qualifying Asean Collective Investment Scheme and foreign-listed stocks with the intention of secondary listings on the SET. Exchange-control rules have also been relaxed, allowing Thai investors—both institutions and high net worth individuals—to invest in foreign capital markets.  

The protection of well-known trademarks was first established by Article 6bis of the Paris Convention. However, the Paris Convention and other subsequent international treaties do not clearly define the concept of being “well known.” As a result, the definition of “well known” varies to some extent among signatory states.

The International Comparative Legal Guide has published the 10th edition of International Arbitration, a Q&A-style guide that provides cross-border insight into arbitration work across 53 jurisdictions. Michael K. Lee and Doan Ngoc Tran, partner and associate in the Tilleke & Gibbins corporate and commercial group, have jointly authored this year’s chapter on arbitration in Vietnam.This chapter covers the following topics: