With Myanmar’s new Trademark Law set to come into force on April 1, enabling legislation has now been issued to grant certain courts jurisdiction to hear claims under the law. This provides trademark owners with an avenue to file claims under the Trademark Law for the first time, and is a very positive indication that no further delays to implementation are likely. The Trademark Law grants the Supreme Court of Myanmar the power to establish an Intellectual Property Rights Court. The Supreme Court can also assign new jurisdiction to existing courts pending the establishment of the Intellectual Property Rights Court. The enabling legislation, which takes the form of five notifications issued by the Supreme Court, accordingly confers jurisdiction on several existing courts. This includes the jurisdiction to hear criminal and civil complaints and appeals against decisions of the trademark authorities. The High Court of Yangon Region and the High Court of the Regions and States are also given appellate jurisdiction to hear appeals against the orders, decisions and judgments of other appointed courts. No further information has been given on whether or when a separate Intellectual Property Rights Court will be established. This development confirms that brand owners—who previously had no recourse to specialized courts in Myanmar regarding the enforcement of their trademark rights—will soon be able to pursue cases. Moreover, the issuance of these notifications gave a strong confirmation that the Trademark Law would indeed take effect on April 1, as planned. As we explained in a previous update, a date for the “grand opening” has yet to be announced, meaning it will still be some time before marks that were refiled during the “soft opening” will be given a filing date and before applications for all other marks can be filed. However, it is expected that the

Tilleke & Gibbins is proud to be one of the founding member firms for the newly launched Sino International Professional Advisory Council (SIPAC) platform. SIPAC is a global network of law firms that offer legal services tailored to the Chinese legal market. Legal advisors partnering with SIPAC provide Chinese companies with expert advice and guidance that enable them to conduct business in key jurisdictions around the world. SIPAC aims to create a platform that connects in-house counsel at Chinese companies with a wide range of legal services, to ensure that Chinese companies can conduct business overseas with maximum efficiency. By bringing together leading firms from different countries and industries, SIPAC offers a comprehensive solution for businesses seeking expert advice on doing business in different regions of the world. As a founding member firm of SIPAC, Tilleke & Gibbins brings a wealth of expertise and experience advising clients on complex legal matters across the region. The firm has been operating in Southeast Asia for over 130 years and has a team of over 220 lawyers, making it one of the largest in the region. With the launch of SIPAC, Tilleke & Gibbins and its fellow founding member firms are well-positioned to offer customized legal and regulatory recommendations that provide Chinese businesses with increased access to overseas markets.

Thomas J. Treutler, partner and managing director of Tilleke & Gibbins’ Vietnam offices, was recently appointed co-chair of the IP Practice in the Far East Committee of AIPLA (American Intellectual Property Law Association). Thomas will serve a two-year term in this capacity, through October 2024. AIPLA, which celebrated its 125th anniversary in 2022, is a U.S.-based professional organization for intellectual property practitioners that provides professional support and promotes an effective and balanced IP system through advocacy, education, training, and community outreach. While the association’s primary constituency is American lawyers, AIPLA also welcomes international members and encourages the cross-border exchange of information on IP practices. The IP Practice in the Far East Committee, in particular, is a resource, forum, and network for AIPLA members interested in the IP laws and systems of Asian countries. In his role as co-chair, Thomas will help the committee build relationships with IP associations in countries in east Asia, including Vietnam, and provide research reports on the local IP laws and practices of those countries, while also sharing information on U.S. IP law and practice.

Suebsiri Taweepon, a partner in Tilleke & Gibbins’ intellectual property group in Bangkok, was elected president of the Intellectual Property Association of Thailand (IPAT) when the association’s board members convened an online voting session to select new leadership. Suebsiri was the unanimous choice of the 15 board members of IPAT. As president, Suebsiri will guide IPAT in setting its program of seminars and events related to current developments in intellectual property in the country. He will also represent the association and provide oversight in relation to IPAT’s participation in regional and international initiatives. Established in 1972, IPAT is a leading intellectual property association in Thailand, and Tilleke & Gibbins has played an active role in the ongoing development of the group for many years. Darani Vachanavuttivong, managing partner of Tilleke & Gibbins and managing director of the firm’s intellectual property practice, served on IPAT’s board from 2001 to 2019 and was president of the association from 2005 to 2009.