Attorneys from Tilleke & Gibbins’ office in Jakarta have prepared Intellectual Property in Indonesia, a comprehensive resource for understanding, protecting, and commercializing intellectual property (IP) in the country. This guide provides detailed information on various aspects of IP rights, including: Trademarks: Procedures and requirements for registration, maintenance, and enforcement. Patents: Information on obtaining patent protection, including the application process and legal requirements. Industrial designs: Steps for registering and protecting design innovations. Utility models: Guidelines for securing protection for new technical solutions. Copyrights: Details on copyright protection, registration, and enforcement. Geographical indications: Information on protecting products with specific geographical origins. The guide is designed to offer practical insights into the registration processes, legal frameworks, and enforcement mechanisms relevant to IP in Indonesia. It aims to serve as a valuable tool for businesses, legal practitioners, and individuals involved in the creation and protection of intellectual property. For more details, access the full Intellectual Property in Indonesia guide by clicking the button below.

Myanmar’s Patent Law 2019—the country’s first legislation specifically addressing patent protection—took effect on May 31, 2024. The announcement that the law had taken effect came when the State Administration Council (SAC) issued Notification No. 106/2024 on June 1, 2024. This announcement is a key development moving toward full implementation of statutory patent protection in Myanmar. The next step will be the announcement of the Patent Rules, which will establish the requirements, official forms, and procedures related to the application and registration of patents and utility models. Another necessary announcement will be the official forms and fees for proceeding with patent-related matters at the Intellectual Property Department (IPD). Upon these forthcoming announcements, parties will be able to apply for patent registration in Myanmar. The Patent Law, which was enacted in 2019, allows for the registration of inventions that: Have not been disclosed to the public anywhere by any means before the filing date or priority date (if claimed); Involve an inventive step; and Are capable of use in any industry. Priority rights can be claimed within a year of the filing of an application with any member country of the World Trade Organization. In seeking protection for inventions internationally, priority rights cannot yet be claimed under the Paris Convention or the Patent Cooperation Treaty, as Myanmar’s ratification of these agreements is still pending. Nevertheless, the Patent Law includes provisions related to these two agreements; these provisions will take effect if the ratification process is completed. Rights owners interested in seeking protection of their inventions in Myanmar should begin evaluating their portfolios so that they can apply to register their inventions once the remaining necessary announcements have been issued. Recordation of inventions—including renewals of patents that had been recognized under Myanmar’s previously established practice—will no longer be accepted. Rights holders can

On March 1, 2024, the Lao official gazette published the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”). The timing of this update is consistent with Laos’ history of providing regular revisions to the country’s IP legislation since the enactment of the first Law on Intellectual Property by the National Assembly in 2007 (the “2007 Law on IP”). These revisions include amendments in 2011, 2017, and now 2023. Prior to 2007, intellectual property (IP) protection was granted through decrees issued by the prime minister’s office for selected types of IP: trademarks, patents, petty patents, and industrial designs. The 2007 Law on IP marked a significant shift by introducing comprehensive legislation to protect industrial property rights, new plant varieties, copyright, and related rights. It laid the foundations for IP legislation in Laos, with the primary objectives of promoting and protecting intellectual creativity and attracting foreign investment. Since 2007, the enactment of new IP laws has not always entailed significant amendments to the existing IP framework; however, it frequently serves as an opportunity to introduce long-considered mechanisms. For example, the amended Law on Intellectual Property No. 38/NA, dated November 15, 2017 (“2017 Law on IP”) introduced, among other provisions, the possibility of opposition by a third party after the formal examination of a trademark application by the examiner. The 2023 Law on IP brought additional changes and updates to the IP regulatory landscape in Laos. Some of the most notable of these are highlighted below. Trademarks While Laos already introduced a new mechanism for online trademark registration in November 2023—about a month before enacting the 2023 Law on IP—the new law did introduce some noteworthy changes. Well-Known Marks The 2023 Law on IP appears to ease the burden of proof for establishing

On May 4, 2024, the Vietnamese government issued Decree No. 46/2024/ND-CP (“Decree 46”) amending and supplementing certain articles of Decree No. 99/2013/ND-CP dated August 29, 2013, on administrative sanctions in industrial property, as amended and supplemented in 2021 (“Decree 99”). Decree 46, which will come into force on July 1, 2024, is designed to bring Decree 99 in line with the amended IP Law of 2022. Some of the notable amendments of Decree 46 are discussed below. New Infringing Acts Decree 46 added the following new infringing acts subject to sanctions, which had not been set out in the former decree: Use of patents, utility solutions, layout designs, or industrial designs without paying compensation according to the provisions on temporary rights specified in Article 131 of the amended IP Law. Accepting a trademark license not in the form of a written contract in the case of using the licensed trademark on goods or packaging. Failure to notify clients of costs, charges, and fees related to procedures for establishing and protecting industrial property rights. Deceiving clients in the course of entering into and performing industrial property representative service contracts, but not to the extent of criminal prosecution, or forcing customers to enter into and perform industrial property representative service contracts. Although these acts are not common occurrences, it is nevertheless important to have clear regulations in order to ensure consistency with the amended IP Law and overcome difficulties and obstacles if such acts are committed in practice. Amendments and Supplements Decree 46 adopted amendments and supplements to main sanctions, additional sanctions, and remedial measures, specifically: The monetary fine imposed for violations against trade secrets is VND 50 million to VND 100 million (approx. USD 2,000 – USD 4,000), a large increase compared to the VND 5 million to VND 15