Tilleke & Gibbins recently assisted Bitmain, a leading manufacturer of cryptocurrency mining hardware, in successful cancellation action lawsuits against BITMAIN and ANTMINER trademarks that were unlawfully registered by a local party in Indonesia. Background Founded in 2013, Bitmain is a leading manufacturer of digital currency mining servers, marketed under their BITMAIN and ANTMINER brands. The company has maintained a strong global market share, with customers in over 100 countries and regions. In Indonesia, Bitmain has held the BITMAIN trademark registration in classes 35, 36, 41, and 42 since 2018. However, the company was unable to register the trademark in other classes because a local party had already registered the mark in the desired classes. Bitmain also discovered that their ANTMINER brand had been registered by the same local party, which impeded Bitmain’s application to register the ANTMINER trademark in Indonesia. Bitmain had been using these trademarks and products worldwide long before the local party’s registration in Indonesia, and had also secured trademark registrations in various countries. However, the local party exploited Indonesia’s first-to-file principle, securing the BITMAIN and ANTMINER trademarks before Bitmain could file. This was a classic example of trademark squatting, where a party registers a foreign trademark in a jurisdiction where the original owner has not yet filed, with the intent to profit from the brand’s success. Initial Approach Upon discovering that the local party had made these trademark applications, Bitmain found that one of these applications was still in the publication period. We advised and assisted Bitmain to file opposition against the application, but this opposition was subsequently refused because the local party had already obtained identical BITMAIN trademarks in other classes. Consequently, the application was registered in the Trademark Office database. Following the unfavorable opposition decision, we initially worked with Bitmain to seek a mutually

Vietnam is on the cusp of a major judicial reform with significant implications for intellectual property (IP) litigators. A draft law, expected to be passed in mid-2025, will restructure the court system into a three-tiered judicial hierarchy while retaining the current two-tiered trial structure. The reforms include the anticipated establishment of a specialized IP court and a reallocation of jurisdiction that may fundamentally change how and where IP disputes are resolved. From 63 to 34: Fewer Provinces, Fewer Courts – But Wider Reach Under the new model, the judiciary will be organized into three levels: (i) the Supreme People’s Court, with three newly established appellate courts in Hanoi, Da Nang, and Ho Chi Minh City, (ii) the 34 provincial-level People’s Courts (following a reduction from 63 provinces to 34 due to administrative consolidation), and (iii) a newly created tier of regional-level courts (tòa án khu vực) that will replace the existing district-level courts. Each regional court will encompass several district-level courts within a province. The number of regional courts in each province will be determined based on the number of districts following a planned reduction. While the number of provincial-level courts will decrease, the newly established regional-level courts will be granted expanded jurisdiction. Notably, these courts will have first-instance jurisdiction over a broad range of civil, commercial, and administrative matters. In criminal cases, they will handle offenses punishable by up to 20 years’ imprisonment, while more serious crimes will remain under the jurisdiction of provincial-level courts. For IP litigators, this likely means that first-instance cases, especially civil infringement disputes, will shift from the provincial level to the lower regional level. These regional courts will become the new battleground for IP enforcement. Same Two-Tier Adjudication, Different Game Board While the judicial structure is evolving, the core adjudicative framework remains unchanged:

On February 18, 2025, the Thai Senate approved an amendment to the Act on the Establishment of and Procedures for the Tax Court. This follows the July 2024 approval by the Thai cabinet and subsequent preparation of supporting secondary legislation. This important amendment to procedural law, once it takes effect, will extend the exclusive jurisdictional powers of the Tax Court to all criminal tax, customs, and excise tax claims in addition to the court’s existing jurisdiction over all such civil claims. The amendment, while now formally approved by the legislature, is awaiting the king’s signature and will take effect 180 days after its publication in the Government Gazette. Based upon its projected publication date, the amendment will likely take effect by the end of the third quarter of this year. This development is set to offer a more sophisticated Tax Court litigation process for highly specialized and often complex criminal tax and customs claims, something with which Thailand’s traditional criminal courts have struggled. It also ensures that all tax and customs matters are adjudicated before the same court, saving time, party costs, and judicial resources. This appears likely to result in more consistent adjudication of criminal tax and customs disputes, a benefit for the Thai government and party litigants alike. Any ongoing criminal tax and customs claims already commenced with the respective criminal courts on the date on which the amendment becomes effective will remain under the exclusive jurisdiction of those criminal courts. The Tax Court will have exclusive jurisdiction over all other claims. This important legislative change offers those managing or otherwise facing civil and/or criminal Thai tax or customs disputes the opportunity to more effectively plan and execute a uniform defense strategy before a single, qualified forum.

Thailand ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards on December 21, 1959, with the Convention coming into force on March 20, 1960. This ratification was a significant step in aligning Thailand’s arbitration framework with international standards, facilitating the recognition and enforcement of foreign arbitral awards in the country. In Thailand, the enforcement of both domestic and international arbitral awards is governed by the Arbitration Act B.E. 2545 (2002), which is based on the first version of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (as opposed to the latest version from 2006). However, unlike Australia, Hong Kong, and Singapore, Thailand is not an UNCITRAL Model Law country. While Thailand’s Arbitration Act is influenced by the UNCITRAL Model Law, it incorporates certain local contexts that require interpretation alongside Thai court rulings. The Arbitration Act also confirms the authority of arbitral tribunals to grant interim measures, reinforcing tribunals’ power in managing disputes effectively. Additionally, the act incorporates principles from the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). This article explores the key procedural steps, timeframes, and practical challenges associated with the enforcement of arbitral awards under Thailand’s legal framework. Procedures for Enforcement of Arbitral Awards in Thailand The enforcement of arbitral awards in Thailand follows the procedures outlined in the Arbitration Act: Application to the competent court: Under the Arbitration Act, parties seeking enforcement must submit a petition to the Thai courts within three years of the award having become enforceable. The application must include the original or certified copies of the arbitral award and the arbitration agreement, along with translations if necessary. In Thailand, the choice of court for filing the arbitral award depends on the nature of the disputed contract. If the contract concerns