A proposal to establish a specialized Intellectual Property Court in Vietnam has been a topic of significant interest among IP practitioners for the past 20 years. It was thus a major breakthrough when the new Law on the Organization of People’s Courts was ratified in 2024, stipulating in Article 4.1(dd) that the Vietnamese court system would include a specialized first-instance IP Court. The new law took effect on January 1, 2025, replacing the Law on the Organization of People’s Courts of 2014, A groundbreaking law This breakthrough can be viewed from multiple perspectives. First of all, in terms of organization, this is the first time, after numerous considerations, that Vietnam has officially recognized the importance of the IP field and the need to establish a specialized adjudicative body due to the field’s unique nature. The establishment of a specialized first-instance IP Court is expected to lead to fundamental changes in the practice of developing and applying IP law. While the establishment of IP rights such as trademarks, patents, and plant varieties is managed by administrative agencies such as the Intellectual Property Office, the Copyright Office, and the Crop Production Department, which seem unlikely to change their functions and tasks, there could be significant changes in the enforcement of these rights, which has been a persistent issue in Vietnam’s IP law system. Thus far, in practice, the enforcement of IP rights in Vietnam has relied overwhelmingly on administrative measures over civil measures. Civil measures, typically involving court proceedings under which the matter will be submitted to a court for settlement, are not appealing to disputing parties, especially IP rights owners. The absence of a specialized court has led to many IP cases being handled by judges without any knowledge or experience in this specialized field, resulting in confusion, misconceptions about

Litigation is usually the last resort in resolving disputes. Most parties to a dispute try to avoid litigation altogether, fearing that seeking recourse with the courts or arbitration will lead to a disruption in commercial relationships, result in increased legal expenses, and generally lengthen the period in which the dispute remains unresolved. While some of these concerns may indeed be legitimate, sometimes litigation is the only means for a party to obtain relief. For parties contemplating such recourse, it is reassuring to know that the Thai court system is generally an accessible, unbiased, and balanced vehicle for the resolution of disputes. Civil Litigation in Thailand aims to introduce some of the fundamentals of Thai civil court procedures and practices. This brief guide covers the main issues concerning civil litigation in Thailand as either a plaintiff or a defendant. Tilleke & Gibbins also publishes a similar guide for Vietnam. The full guide is available through the button below.

On October 16, 2024, Thailand’s Anti-Corruption Cooperation Committee (ACCC) issued a notification to enhance anticorruption standards in public procurement. The new notification (officially “Notification of the Anti-Corruption Cooperation Committee on the Procurement Budget and Minimum Standards of the Policy and Directions for Anticorruption in Relation to Procurement according to Section 19 of the Public Procurement and Supplies Administration Act B.E. 2560”) supersedes previous guidelines and imposes stricter compliance requirements on business entities involved in the government procurement processes. The updates not only align with the goals of Thailand’s Public Procurement and Supplies Administration Act B.E. 2560 (2017) but also reflect the government’s resolution to mitigate corruption, particularly in high-value public contracts. The ACCC’s new notification introduces additional definitions, lowers budget thresholds for compliance, and strengthens business obligations. Key Components The new notification continues the previous guidelines’ requirement that businesses seeking to bid on government procurement projects meet the specified minimum standards—such as communicating and implementing anticorruption policies at all organizational levels, establishing a code of conduct, and providing related training programs to employees. The notification also introduces a number of changes, the most notable of which are detailed below. “Entrepreneur” definition. The definition of this term is narrowed to entities involved in the public procurement bidding process. Previously, the definition broadly applied to all business entities engaged in selling goods or services. Threshold for mandatory compliance. The project budget threshold that necessitates compliance with the minimum standards is  THB 300 million—a reduction from the previous threshold of THB 500 million. Minimum standards to prevent unfair competition. The new notification introduces a specific definition for “disturbing fair competition,” establishing clear parameters around actions that disrupt competitive fairness within public procurement. Continued compliance requirements. Businesses’ compliance with the minimum standards must now extend from the date of bid submission to the

Attorneys at Tilleke & Gibbins in Phnom Penh have contributed the Cambodia chapter to Labor and Employment Disputes 2024, a comprehensive guide from Lexology Panoramic to labor and employment dispute resolution in various jurisdictions around the world. The Cambodia chapter covers the following topics: Pre-action considerations: Key requirements, third-party funding, contingency fee arrangements Issuing a claim: Forum, territorial jurisdiction, standing, commencing claims, fees, service Defendants and legal personality: Types of claims, time limits, counterclaims Case management: Procedure, rules, amendments to claims, adding parties to proceedings, consolidating proceedings Class and collective actions: Special considerations Evidence: Witnesses, tactical considerations Interim relief: Availability, requirements Trial: Hearings conduct and typical time frames, confidentiality and public access, media reporting Elements of successful claims and burden of proof Alternative dispute resolution: Available types, requirements and expectations Enforcement: Collective employment and labor rights, enforcement of collective rights, standing Remedies and enforcement: Available remedies, assessing compensation, enforcement mechanisms Appeals: Appeal procedure and time frames, other means of challenge Update and trends: Recent cases and developments, technology developments, other issues The Cambodia chapter was authored by associates Mealtey Oeurn, Saryda Ou, Chanvisal Lok; and Jay Cohen, partner and director of the firm’s operations in Cambodia. Tilleke & Gibbins also contributed the Vietnam and Thailand chapters to Labor and Employment Disputes 2024. The full Cambodia chapter is available below as a PDF.