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INSIGHTS

Insights

We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

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May 28, 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).
May 28, 2015
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.
May 28, 2015
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.
May 21, 2015
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.
May 20, 2015
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.
May 15, 2015
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.
May 14, 2015
Like many developing countries, Vietnam has tended to exclude first and second (or subsequent) medical use inventions from patent protection in order to reduce drug prices. The patent office has interpreted current Vietnamese regulations as not including use inventions, including medical use inventions, and thus has objected to patent applications for such inventions. However, an examination of the regulations reveals some different results.
May 14, 2015
Vietnam’s Drug Distribution PolicyUnder its WTO commitments, Vietnam agreed to allow foreign-invested entities (FIEs) to conduct distribution services (i.e., commission agent, wholesale, and retail services) for most types of products, but it specifically excluded “pharmaceutical products and drugs.” Consequently, foreign pharmaceutical producers typically establish legal presence in Vietnam by way of representative offices through which they can conduct marketing activities, and use local drug distributors to conduct sales and delivery of their products.