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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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April 29, 2011
Unexpected, uncontrollable events have dominated news headlines of late, such as the recent volcano eruption in Iceland, an earthquake in China, and political unrest in Bangkok.  These types of events can continue into the unforeseeable future, leaving people to wonder when they will end.  Each event undoubtedly caused tremendous loss and damage, thus raising important legal questions: Do these events constitute force majeure? And under what circumstances is it possible for a party to be held responsible for obligations stemming from these events?
April 29, 2011
In building a brand, businesses typically begin with a narrowly focused brand image, including specific trademark configurations. Over time, these trademarks tend to evolve, with new stylistic elements being introduced for marketing purposes. If the main elements of the trademark remain consistent, brand owners assume that the prior use of a slightly different mark will help to support registration of the modified versions of the mark.
April 29, 2011
Over the last decade, the ability of IP rights holders to enforce their rights in Vietnam has improved greatly. This article examines a number of key developments and the current state of enforcement practice in Vietnam, and provides some strategy tips for rights holders seeking better IPR protection.
April 29, 2011
Foreign agrichemical companies usually opt to appoint their local distributors, agents, or licensees as the local entity to apply for and maintain product registration and import licenses as usually required by Asian Ministries of Agriculture.  Such appointments are normally set out in the distribution agreement.  While on most occasions this is a mutually beneficial relationship, sometimes local partners who have built up the business for those products may begin to compete unfairly or commit other breaches which leads to difficulties in terms of terminating a partner who holds t
April 29, 2011
With the official implementation of the ASEAN Free Trade Agreement effective on January 1, 2010, companies now have an expanded opportunity to increase exports in this important and diverse market. In regard to food, however, it should be noted that companies are still required to register their products with the local Food Agencies. Even though harmonization of rules for food products is a stated aim of ASEAN members—similar to the ASEAN Harmonization on Pharmaceutical Registration already in place for pharmaceutical products—harmonized rules have not yet been implemented in this area.
April 29, 2011
According to the Vietnam National Internet Centre (VNNIC), there have been hundreds of complaints requesting the withdrawal of registered .vn domain names. The most popular ground for such complaints is that the registered domain names are identical to complainants’ registered trademarks or trade names. This article examines new guidelines that were recently issued to deal with such disputes.
April 29, 2011
On April 30, 2010, the Office of the United States Trade Representative (USTR) published its 2010 Special 301 Report examining the application and effectiveness of intellectual property rights enforcement by countries around the world. Thailand, for the fourth year in a row, has been maintained on the Priority Watch List. The USTR has highlighted its concerns regarding the increase of manufacturing and distribution of illegal optical discs and the significant amount of internet, cable, and signal piracy. This article looks at the Report’s findings and its expected impact.