Chandavya Ing, an associate in the intellectual property group of Tilleke & Gibbins’ Phnom Penh office, coauthored an article titled “The Fate of Dependent Patents in Cambodia, Laos, Myanmar, Thailand, and Vietnam—A Comparison with the Situation in Germany and India” with Prof. Dr. Heinz Goddar, a patent attorney and partner in the Munich office of Boehmer & Boehmer. The article appeared in the September 2021 issue of les Nouvelles, the journal of the Licensing Executives Society International (LESI). Dependent patents are new patents that also rely on a previous one, such as when an invention builds on or adds new technology to a previous patented invention. This approach to securing commercial rights for progressive inventions is often seen in patent-heavy fields such as telecommunications and advanced technology. Commercializing a dependent patent without infringing the earlier patent (i.e., the one that it depends on) requires licensing from the holder of the earlier patent. If this proves unworkable, the dependent patent cannot go to market. While this may ensure that the original patent rights are upheld, such an impasse can also block innovation and progress. As the authors explain in the article, Germany and India (as well as other countries such as Russia and Taiwan) will enlist a state party in an effort to resolve any such situation that arises, often through a de-blocking mechanism such as a compulsory or non-voluntary license. The article then looks in detail at the de-blocking mechanisms and provisions in the legal and regulatory environment of various countries in Southeast Asia, before offering comparison to the situation in Germany and India. Overall, the authors conclude that a more active (but balanced) use of compulsory licensing—which already exists in many Southeast Asian countries but is not frequently employed outside of the pharmaceutical sector—might help clear patent-related obstacles

On August 27, Darani Vachanavuttivong, co-managing partner of Tilleke & Gibbins and managing director of the firm’s intellectual property group, moderated an International Trademark Association (INTA) Flash Briefing titled “IP Developments in the ASEAN Region.” The briefing was organized to provide analysis of the ASEAN IPR Action Plan 2016–2025, which aims to harness IP to support the regional grouping’s drive to be an innovative and competitive location for business. As moderator, Darani welcomed attendees and presented both an overview of economic trends in ASEAN and detailed statistical insights on trademarks, patents, designs, and utility models in member countries. She then welcomed the assistant director of the Consumer Protection and IPR Division in the Market Integration Directorate of the ASEAN Secretariat to share insights on the action plan—and the more recent ASEAN IPR Action Plan 2.0, which was developed after the mid-term review. A new initiative that just began in early 2021, INTA Flash Briefings are interactive conversations with IP experts and brand owners on emerging policy changes affecting trademarks and related rights across the globe.

On August 19, Sher Hann Chua, a consultant in Tilleke & Gibbins’ Bangkok and Yangon offices, presented a session to the Thailand chapter of the Society of Petroleum Engineers (SPE) titled “An Overview of Intellectual Property: What to Focus on in the Contract and the Field.” Moderated by Joseph Tomkiewicz, partner and co-chair of Tilleke & Gibbins’ regional energy practice, the session focused on the intellectual property (IP) rights and issues that are most relevant to the oil and gas industry. In discussing IP rights and how they function in the energy sector, Sher Hann presented an overview of trademarks, patents, industrial designs, and copyright, before emphasizing the crucial role that IP plays in major commercial transactions such as mergers and acquisitions. She also analyzed classic IP pitfalls that parties makes when working with others under a contractual arrangement, and providing practical tips on how to avoid these missteps.

On August 16, Tilleke & Gibbins collaborated with the Thai Listed Companies Association (TLCA) to organize a Thai-language webinar titled, “Temporary Business Shutdown during the COVID-19 Outbreak” to assist business that have opted to temporarily shut down in order to alleviate financial difficulties due to the ongoing COVID-19 outbreak in Thailand In this webinar, Chusert Supasitthumrong, partner, and Piyawat Vitooraporn, associate, both in Tilleke & Gibbins’ dispute resolution group, discussed the criteria for temporary business shutdown under section 75 of the Labor Protection Act B.E. 2541 (1998), addressed employers’ right to government subsidies, and offered suggestions to business owners about how they can benefit from various relief measures. A video recording of the webinar (in Thai) is available on the Tilleke & Gibbins YouTube channel.