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.

Eric Meyer, a foreign consultant in Tilleke & Gibbins’ dispute resolution department, was profiled in the latest issue of Thai-American Business (T-AB), the quarterly magazine of the American Chamber of Commerce in Thailand (AMCHAM). As co-chair of the AMCHAM Legal Committee, Eric is extremely active in the American business community in Thailand. He applies his unique combination of legal expertise and practical awareness of business concerns in Thailand to identify topics and organize events that are interesting and relevant to a broad range of people. In the T-AB profile, Eric recounts how he came to be involved in AMCHAM after joining Tilleke & Gibbins four years ago, and notes that participation in the group has been an excellent way to stay current with the business community and build connections with professionals across various industries. In response to a question on the outlook for ease of doing business in Thailand, Eric sounded a hopeful note, explaining that the country’s strides in the areas of streamlining and digitizing various aspects of doing business should be able to continue after COVID-19, which has actually hastened digitization in several legal areas that had previously been slower to adapt to recent technological advances. Eric now looks forward to continuing to provide important leadership to the AMCHAM Legal Committee as the country and its business community seek to overcome the persistent challenges of the COVID-19 pandemic and move toward a sustainable economic recovery.